Terms and Conditions
Thanks so much for putting your trust into Athena. It is our mission to help as many moms as possible collect what is rightfully theirs, and we will do everything in our power to assure you that we are worthy of your trust. The relationship between you and Athena and its agents, employees and assignees is set forth below:
Athena, LLC provides easy-to-use child support management and software services. However, Athena, LLC is not a law firm or attorneys, and cannot provide you legal advice. We do not offer attorney or lawyer services. The services we offer are different from the services offered by an attorney. We only provide self-help services at your specific direction. Athena, LLC is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
Attorneys can give you competent legal advice to help you determine whether you have a right to child support, whether there are other or more specific ways to enforce your rights for payment, and whether you are selecting the correct document-type to file. Athena, LLC is not a law firm, and we cannot provide this advice.
If you do not want to consult an attorney for legal advice, you can perform research on the law yourself and draw your own conclusions, at your own risk.
Please understand that the child support laws vary state to state and are updated, changed and altered frequently, by legislation, jurisprudence, mandate and other executive action.
Please read these Terms & Conditions of your use of Athena, LLC, and any and all of our other services.
1. Acceptance of Terms of Service
Term. This Agreement will remain in full force and effect while you use the Services. Athena can suspend or terminate your access to the Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Electronic Form/Communications. By accessing the Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. Use of the Applications and Services
Carrier Charges. You are responsible to pay carrier data, messaging, and other fees resulting from accessing any Applications. Data and messaging (including SMS text messages) plans may be required to use mobile features of the Applications. Standard data and messaging charges, fees, and taxes from your carrier may apply.
Personal Use. The Applications, the content offered in the Applications (“Content”) and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or Applications, in any medium, without Athena’s prior written consent, or (ii) alter or modify any part of the Applications other than as may be reasonably necessary to use the Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Applications or Services.
Permission to Reprint. Requests to use the Content for any purpose other than as permitted in these Terms & Conditions should be directed to email@example.com.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Applications or any computer software or hardware or telecommunications equipment. You may not use the Applications or Services in any manner that could damage, disable, overburden, or impair any Athena server, or the network(s) connected to any Athena server, or interfere with any other party’s use and enjoyment of any Applications or Services. You may not attempt to gain unauthorized access to any Applications or Services, other accounts, computer systems or networks connected to any Athena server or to any of the Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through Applications or Services, including any proprietary communications protocol used by Athena.
Modification to Services. Athena has the right to modify the Applications and Content at any time in its sole discretion. Except as otherwise stated in a separate contract for a specific Service, your only right with respect to any dissatisfaction with any modifications made, or any policies or practices of Athena in providing its products, services, Content or any Services is to stop using the Services as set forth herein.
Accurate Information. For purposes of identification and billing, you agree to provide Athena with accurate, complete, and updated information required when making any purchase, including your name, email, delivery address, and applicable payment information (e.g., credit/debit card number, email address, and expiration date) (collectively, “Billing Information”) and provide Athena and its third-party payment processor express authorization to charge said fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Billing Information) may, at Athena’s option, result in immediate suspension or termination of your right to use the Services.
Payment. If you make a purchase, we will process payment using the Billing Information you provide for the term of Services you select. You agree to pay Athena all charges at the prices then in effect for your use of the Services using the payment method from the choices accepted by Athena, and any applicable taxes, and you authorize Athena to charge the card you provide (your “Payment Card”) through your chosen Payment Card provider for the Services. You agree to pay the purchase price as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. In the event Athena cannot charge the Payment Card, we reserve the right to bill you. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Account Updates. If your Payment Card expires you are responsible for updating your Billing Information. Account updates should be made online via at athenacollects.com. You agree that Athena may continue charging your Payment Card for any use of the Service unless you provide new Billing Information to Athena.
Unauthorized Use. You are responsible for promptly updating your Billing Information in the event of any known or suspected unauthorized use of your Billing Information, including loss, theft, or unauthorized disclosure of your Billing Information.
Payment Method. The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen Payment Card (the “Payment Card Provider”). If Athena does not receive payment from your Payment Card Provider, Athena reserves the right to bill you and you agree to pay all amounts due on your account upon demand.
Security. Athena has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
3. User Submissions
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the Sites (the “Communication Services”). All such communications, information and content, including the ideas contained in such materials, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the User Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. Athena has no obligation to monitor the User Content. However, Athena reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Athena specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Athena representatives may monitor your User Content on the Applications but we cannot monitor all of the User Content on the Applications and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to Team@braandy.com.
Disclaimer of Endorsement. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Athena, and such communications shall not be considered reviewed, screened or approved by Athena. User Content, including statements made in public forums, reflect only the views of their authors. Athena specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized Athena spokespersons, and their views do not necessarily reflect those of Athena.
License and Warranties. By using the Communication Services and submitting User Content to the Applications, you grant to Athena, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Sites, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Applications a non-exclusive license to access your User Content as permitted through the functionality of the Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Athena and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Athena is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with the User Requirements.
User Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Applications or Services or other users’ computers.
- Except as expressly authorized by Athena, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails.
- Impersonate or create a false identity (such as a celebrity or Athena representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to Athena administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Services for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
4. Proprietary Rights
The Services and all material published on the Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the Applications (together “Content”) is owned by Athena or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. In addition, Athena owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites (“Marks”) are proprietary to Athena and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Applications or the Services, in whole or in part, without Athena’s prior written consent. You may download Content for your personal, noncommercial use only as provided in these Terms, or as may be otherwise permitted by Athena from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of Athena or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Athena without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Athena’s name or trademarks without the express written consent of Athena. You may not use any Athena logo or other proprietary graphic or trademark as part of the link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by Athena in these Terms shall automatically terminate.
No Other License Granted. Except for allowing you to use the Applications and Service for your personal use as set forth in the paragraph above, when you use the Applications or Service, you are not receiving a license or any other rights from Athena, including intellectual property or other proprietary rights of Athena. You understand that you have no rights to the Applications or Services or any other Athena property except as we indicate in these Terms.
5. Digital Millennium Copyright Act (“DMCA”) Notice
Athena has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Athena has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the Applications which allegedly infringes another person’s copyright. It is out policy to terminate the access of repeat offenders. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Applications or the Service. If you believe any materials on the Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Athena’s Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By email:firstname.lastname@example.org
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Athena Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because Athena has no control over such sites and resources, you acknowledge and agree Athena is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Athena endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Athena shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Third Party Opinions. The Applications may contain views, opinions and statements of various third-party individuals and organizations. Athena neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the Applications and to seek appropriate advice of professionals, as appropriate.
7. Legal Notices
Background. Athena does all it can to ensure that its services are accurately rendered, but error exists in all things, which you understand and acknowledge. Athena is not and shall not be responsible for any errors or omissions that occur in the course of performing services. THIS SITE IS PROVIDED TO THE CUSTOMER “AS IS.” To the fullest extent permissible, Athena disclaims all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose.
To be more specific, but without limiting anything to the following, Athena does not warrant (1) that the information provided on Athena websites, during phone calls or in communications are error free, fact checked or up to date, (2) that documents ordered by you will be timely filed, served or mailed, in accordance with law, (3) that documents ordered by you will be error free, (4) that documents ordered by you will include any information other than that which is provided by you, (5) that the correct document will be filed, served or mailed, (6) that you will or may have the right to file a document offered by Athena, or (7) that you will be able to remedy errors in a timely fashion.
The limitations listed in this Section partially stem from Athena’s inability to access all the information about you. Thus, it is vital that you be proactive and take all efforts to collect as much data about your case and the dates of your service and the completion of your case or matter. No amount of data collected by you, or made known to Athena, will in any way limit the disclaimers of warranties, limitations of liability, or any other clauses contained within these Terms and Conditions.
Athena provides a software platform and makes no warranties or representations regarding your legal right to file a claim for child support. Athena makes no guarantee that the child support claims will be filed timely in accordance with relevant laws, or that you are legally entitled to child support.
Disclaimer of Warranties. Athena WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE APPLICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON APPLICATIONS, WHICH ARE PROVIDED “AS IS.” Athena MAY MAKE IMPROVEMENTS AND/OR CHANGES IN APPLICATIONS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. Athena DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONTAINED HEREIN. Athena DOES NOT MAKE ANY REPRESENTATIONS THAT APPLICATIONS OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT APPLICATIONS SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE Athena APPLICATIONS, OR OBTAINED FROM A SITE TO WHICH THE Athena APPLICATIONS ARE LINKED, ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Athena DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE Athena APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL Athena BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE Athena APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE Athena APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Athena OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE APPLICATIONS OR THE SERVICES, EVEN IF Athena HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Athena‘S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Applications or using the Services and agree to indemnify and hold Athena, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the“Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
Access to Services. Athena reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Athena also reserves the right to change, modify, discontinue, suspend or abandon the Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The Applications and Services are controlled from facilities in the United States. Athena makes no representations that the Applications or Services are appropriate or available for use in other locations. Those who access or use the Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Athena (“Dispute”) will rest, and you and Athena each agree to submit to the exclusive jurisdiction of, the courts of the State of Louisiana and the federal courts of the Middle District of Louisiana. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated, and you waive your right to trial by jury. Any cause of action you may have with respect to Athena, the Services, the content or the Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms are the entire agreement between you and Athena. They supersede any and all prior or contemporaneous agreements between you and Athena relating to your use of the Applications or the Services. Athena may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Athena to partially or fully exercise any rights or the waiver of Athena of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Athena or be deemed a waiver by Athena of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Athena under these Terms and any other applicable agreement between you and Athena shall be cumulative, and the exercise of any such right or remedy shall not limit Athena’s right to exercise any other right or remedy.
1. Information That Is Collected
When you provide us with contact or other information in connection with a particular activity, product or service, including your email address or telephone number, you expressly consent to our communicating with you about our products or services using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
(a) Information You Provide To Us
Personal Information. We may ask you to provide us with certain categories of information, including information that could reasonably be used to identify you personally, such as your name, gender, e-mail address, date of birth, physical address (or elements thereof such as zip code and state). We may collect this information through various forms and in various places on the Applications, including goods and services purchase forms, account registration forms, contact us forms or when you otherwise interact with us.
Billing and Credit Card Information. To enable payment for goods and services, we collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit cards.
(b) Information Collected As You Access and Use the Applications
In addition to any personal information or other information that you choose to submit to us, we and our third-party service providers and advertisers on the Applications may use a variety of technologies (including cookies, flash cookies, web beacons/GIFs, embedded scripts) (“Tracking Technologies”) that automatically (or passively) collect certain information whenever you visit or interact with the Applications (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Applications and all of the areas within our Applications that you visit, among other information. We may use Usage Information for a variety of purposes. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer or other device used to access the Applications (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Applications, and our computers identify your Device by its Device Identifier. If you accessed content through an email account, a third-party provider may make a “hash” of your email address, which is a bit of text that uniquely identifies the email address but is designed to prevent reverse engineering so that the email address is not revealed (“Hash”).
Information gathered from your use of the Applications may be combined with information from third party sources to identify your location by state and region (“Region Location”). More specific information about your geographic location may be collected for certain Applications (“Geolocation”), as more clearly spelled out in this policy.
A few of the Tracking Technologies that may be used to collect Usage Information include, without limitation, the following:
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Applications, to monitor how users navigate the Applications, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Applications, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Applications, and is deactivated or deleted thereafter. HTML5. We use HTML5 in the Athena mobile website and certain mobile applications for the iphone or ipad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser “cookies” file and, like Flash cookies, can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
Geolocation Applications. For certain of the mobile Applications, we may, and may enable a third party such as an advertiser to, ask you if you wish us to collect your geolocation in order provide you with information about goods and services within your geographic location. If you agree to have your geolocation collected, we and the third party, if applicable, will maintain information about your geolocation to facilitate your searching or implement other functionality in the Applications, such as to serve targeted advertising. In addition, when you have geolocation software running on your mobile phone, computer or other Device, we may collect that information as controlled by your privacy settings on those Devices.
(c) Information We Collect from Third Parties
We may acquire information from other trusted sources to update or supplement the information that you provided, or we collected automatically, such as information to validate or update your address or other demographic information and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes. We may also acquire information from other sources about your visits over time and across other third-party web sites, in order to serve more targeted advertising to you on the Applications.
2. How We Use and Share the Information Collected
(a) Provide, Manage and Improve our Services
We use the information that we collect and obtain to provide our goods and services, to administer the Applications and Services and for other lawful business purposes. We may provide access to information, including personal information, to certain vendors that are performing services on our behalf, including fulfilling purchase orders, managing our email lists and sending email messages on our behalf, processing payments, providing customer support and performing other administrative services. These service providers are provided access to this information only for the purpose of carrying out the services on our behalf. We may also use the information that we collect and obtain about you to measure and improve our Services, to customize certain features of the Applications, to deliver relevant content and to provide you with an enhanced experience based on the type of device you are using. We also use the information collected to serve advertising on the Applications that we believe is most likely to be of interest to you.
(b) Transactional Communications.
We may send you notices from time to time relating to your account, your purchases, and other products and services you have requested or in which you are currently enrolled. These may include order confirmations, renewal notices, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our service is temporarily suspended for maintenance, or the delivery of a product is delayed or there is some service issue with something you may have ordered.
(c) Email Newsletters.
We may send you our email newsletter(s). If you wish to unsubscribe from our email newsletter(s), simply follow the unsubscribe instructions at the bottom of the email newsletter.
(d) Email Marketing Offers.
We may send you promotional emails regarding special offers about our products and services or on behalf of third-party marketing partners who we think can offer services and products of interest to you. We may also share your name and email address and certain other information, such as when you first subscribed, with reputable companies that provide marketing offers through email. If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you email offers, simply follow the unsubscribe instructions that are located at the bottom of those emails. Please note that even if you opt out of receiving promotional e-mails, we may continue to send you electronic service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled.
(e) Browser Do Not Track Signals
Some third-party browsers provide “do not track” machine readable signals for websites which are automatically applied by default and therefore do not necessarily reflect our visitor’s choice as to whether they wish to receive advertisements tailored to their interests. As a result we do not respond to these signals.
(f) Co-branded Areas.
(g) Administrative and Legal Reasons.
We may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Applications’ Terms & Conditions or other policies applicable to the our Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Applications or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use Device Identifiers and other information to identify users and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
(h) Sale or Transfer of Business or Assets.
3. Third Party Content and Links To Third Party Sites
The Applications may contain content that is supplied by a third party, and those third parties may collect Applications usage information and your Device Identifier when web pages from the Applications are served to your browser. In addition, when you are on the Applications you may be directed to other web sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties or third-party web sites. For example, if you “click” on a banner advertisement, the “click” may take you off the Applications onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Applications and to read the privacy statements of all third party web sites before submitting any Personal Information to those sites.
4. Consent to Transfer Information To The United States
6. Children’s Privacy
We have incorporated safeguards to help prevent the loss, misuse and alteration of information under our control. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure and we cannot anticipate all potential misuse of data over the Internet. Please note that we cannot ensure the security of any information you transmit to us, and your use of the Applications indicates that you are willing to assume this risk.
9. Disputes; No Rights of Third Parties.