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The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms and Conditions, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Company and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
This Policy outlines Company’s general policies and practices for protecting your private information on this Site. It covers why Company collects information, the types of information it gathers, how it uses such information, and the notice and choice affected individuals have regarding Company’s use of and their ability to correct their information. This Policy applies to all personal information received by Company whether in electronic, written, or verbal format.
Company reserves the right to modify this Policy at any time and will do so from time to time. Each modification shall be effective upon its posting to the Site. Your continued use of the Site following any such modification constitutes your acceptance of any change(s) to this Policy. It is therefore important that you review this Policy regularly. If you have any questions concerning this Policy please contact Company at firstname.lastname@example.org.
“Personal Information” includes both “Personally Identifiable Information” and “Non-Personally Identifiable Information”.
"Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, make a Donation, correspond with us, or otherwise volunteer information, for instance, through the use of "Contact Us". Personally Identifiable Information may include, without limitation, your name, mailing address, telephone number, e-mail address, credit card number, and other identification and contact information.
"Non-Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information. We gather certain information about you based upon what you view on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Site’s Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web (‘Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop
“Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
Company shall inform you of the purposes for which it collects and uses Personal Information and the types of non-agent third parties to which Company discloses or may disclose that information. Company shall provide you with the choice and means for limiting the use and disclosure of your Personal Information. Notice will be provided in clear and conspicuous language when you are first asked to provide Personal Information to Company, or as soon as practicable thereafter. In any event, you will receive notice before Company uses or discloses the information for a purpose other than that for which it was originally collected.
Company will offer you the opportunity to choose (opt-out) whether Personal Information is to be disclosed to a third party or to be used for a purpose other than that for which it was originally collected or has subsequently been authorized. For Sensitive Personal Information (when applicable), Company will give you the opportunity to affirmatively or explicitly consent (opt-in) to the disclosure of the information for a purpose other than that for which it was originally collected or has subsequently been authorized. Company will treat Sensitive Personal Information it receives from anyone the same as it would treat its own Sensitive Personal Information.
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Company shall only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or has been authorized. To the extent necessary for those purposes, Company shall take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.
How to Access Your Information
Company offers you choices for the collection, use and sharing of Personal Information. You may notify Company of your preferences, or change any Personal Information, by emailing email@example.com. Please be sure to provide complete account information so Company can identify you in its records.
You may also stop the delivery of future promotional e-mail from Company by responding directly to any email you receive with a request to remove you from the mailing list.
Company collects your Personal Information because it helps deliver a superior online experience, gives you convenient access to the Site for browsing, and allows key features of the Site to function properly. In order to better provide you with this superior level of customer service, our Site collects two types of information (referred to in this policy as "Personal Information") about our visitors: Personally Identifiable Information and Non-Personally Identifiable Information. In addition, your Personal Information helps Company keep you informed about the latest announcements, special offers, and events that you might like to hear about.
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When you access the Site from a computer, mobile phone, or other device, Company may collect Non-Personally Identifiable Information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about the user base as a whole. Company will not use the information collected to market directly to that person.
Company keeps track of some of the actions you take on the Site such as member profiles and pages you view. Even if you do not provide certain information, Company may obtain it from you profile or the pages of its Site that you visit. Company may retain the details of connections or transactions you make on the Site.
To become a User, Company shall collect certain Personally Identifiable Information, which you are required to provide. Information that is not required shall be deemed voluntary and you may provide such information, although not mandatory.
While using the Site, you may provide text, files, images, photos, videos, location data, or any other materials (collectively “Content”) to Company by uploading, posting, or publishing the Content on the Site. Frequently, Content you place on the Site will contain a picture of your face. Company may retain the details of connections or transactions you make on the Site.
Where applicable, when you interact with other Users on the Site, you may provide other information about yourself, such as political or topical views, religious affiliation, or marital status. Any information in a public forum is accessible by anyone, including people who are not members of the Site. Please be aware they may share information you give them with other Users you may not know. They may also share the information outside the Site without your prior approval. Company does not have control over the actions of its Users and accepts no responsibility or liability for their actions. Please keep this fact in mind when using the Site, and use care when disclosing Personal Information to other Users of the Site.
Company may also collect information from ads you click on when using the Site. Company may also keep track of links you click on in e-mails you receive from Company. This is done to increase the relevancy of the ads you see.
Company uses the information you are required to provide to become a User in order to insure you are over the age of thirteen (13). THE SITE IS NOT MEANT TO BE USED BY ANYONE UNDER THE AGE OF THIRTEEN (13). If you are under thirteen, please do not attempt to register with the Site or send Company any Personal Information. Company may also use your age information to be sure you receive an age appropriate experience while using the Site.
Company will use the information it collects to provide, without limitation, services and features to you and facilitate payment for any Donations between Campaign Organizers and Donors and provide information to Campaign Organizers and Campaign beneficiaries. Company will also use the information to measure and improve the Site, and to provide you with customer support.
Company may contact you with new or updated products or services, designs, routes, surveys, or other related announcements from time to time. You may opt-out of all communications except essential updates. Company may include Content in the e-mails sent to you.
Certain software applications and applets transmit data to Company. Company may not make a formal disclosure if it believes its collection of and use of the information is the obvious purpose of the Site or its related application. If it is not obvious that Company is collecting or using such information, it will disclose its collection to you the first time you provide the information.
Company may use the information collected to prevent potential illegal activities. Company may also use a variety of methods to detect and address anomalous activity and screen content to prevent abuse.
Company may use your information to serve you personalized advertising. Company does not share your information with advertisers without your consent. Company allows advertisers to choose the characteristics of Users who will see their advertisements. Company may use any of the Non-Personally Identifiable Information it has collected in any fashion to select the appropriate audience. Company will not tell the advertiser who you are as part of this process. When you interact with an advertisement there is a possibility that you may receive a cookie from the advertiser.
Company shares your Personal Information with third parties when it believes you have permitted such sharing, that it is reasonably necessary to offer services, or when legally required to do so. Company will not share your Personally Identifiable Information with third parties in a way that it thinks violates your privacy. The following non-exhaustive list contains examples of how Company shares or could share your information:
If Site allows you to invite a friend to join the Site or become a User, and you choose to do so, the invitation will contain information that will allow your friend to identify you. The invitation may contain information about other Users your friend might know.
Certain information you provide to Company may be shared by using the Site’s search function. This allows other Users to locate your profile and it allows new Users to find people they know on the Site.
Company provides some public information to search engines. This information allows search engines to locate the Site. It also allows people to locate you on the Site using a major search engine. This does not mean all information you post on the Site may be accessed using a search engine.
There are also times when Company may make certain Personal Information about you available to strategic partners or third parties. These companies may help Company process information, render services to you, manage and enhance customer data, provide customer service, assess your interest in products and services, or conduct research or satisfaction surveys. Without such information being made available, it would be difficult for you to use Company's Site and services.
Company may also share Personal Information when it has a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect itself and you from people violating the Terms and Conditions of the Site. This may include sharing information with other companies, lawyers, and courts or other government entities.
Company may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if it has a good faith belief that the law requires such a response. This may include requests from jurisdictions outside of the United States if Company has a good faith belief that the response is required by law under the local laws in that jurisdiction, is applicable to users from that jurisdiction, and is consistent with generally accepted international standards.
Company may disclose analyzed data in the form of purchasing trends or statistical data. No Personally Identifiable Information will be attached to this disclosure.
Company may be sold, sell or buy businesses or assets of businesses, or merge with another business. In such transactions, Personal Information generally is one of the transferred business assets. Also, in the event that Company, a line of business of Company, or substantially all the assets of Company are transferred, Personal Information may well be one of the transferred assets. Company will make a reasonable effort to provide notice on the Site, and to notify you via e-mail to the most recent e-mail address that you have provided of any such change in ownership or control of your personal information.
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YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE OR USE ITS SERVICES. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS ANY OF COMPANY’S SERVICES FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF COMPANY’S SITE AND SERVICES, NO INFORMATION OBTAINED BY COMPANY FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.
Protecting children’s privacy is especially important to Company. Company does not knowingly collect Personal Information from children under 13, but because some information is collected electronically, it can appear to be the Personal Information of someone over the age of 13, and will be treated as such by this Policy. If a child under 13 submits Personal Information and Company learns that Personal Information pertains to a child under 13, it will attempt to delete the information as soon as possible. It is Company’s policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, Company restricts the Site and all other provided services to persons 18 years or older.
Agreement with Policy and Continued Use of Site
Unless stated otherwise, Company’s current Policy applies to all information that Company has about you, your account, and access to the Site. By using the Site, you consent to this Policy and having your Personal Information and data transferred and processed as described.
Rosemary “Pudgy” (Kuszek) Nyhof
Rosemary Nyhof, a lifelong area resident, entered into eternal rest on November 27, 2022, at the age of 67. She was surrounded by her loved ones at home in Scotcht... Read More
Rosemary “Pudgy” (Kuszek) Nyhof
Rosemary Nyhof, a lifelong area resident, entered into eternal rest on November 27, 2022, at the age of 67. She was surrounded by her loved ones at home in Scotchtown, NY. Rosemary, the daughter of the late Stanley and Rose Kuszek was born on October 7, 1955, in Middletown, NY. She attended Saint Joseph’s Catholic School throughout her elementary and middle school years, graduated from Middletown High School. She continued her studies at Orange County Community College, where she received an associate degree.
Rosemary, or Pudgy as many of her loved ones called her, is survived by her loving husband of 27 years, Paul Nyhof and their son Adam. Her sister, Patricia Kuszek, who she loved dearly and spoke with each day without fail. Her Godson, Michael Dickinson, his wife Su-Ling, his mother, Crystle Dickinson, and her son Daniel Wall. Her Cousin Linda “Cookie” Dickinson. Also, her Mother-in-Law Diane Nyhof and Father-in-Law Rev Harlan Nyhof (Deceased). Brother-in-Law Scott Nyhof and his wife Susan Gardner-Nyhof. Brother-in-Law David Nyhof and his wife Elizabeth Abbott and Rosemary’s Niece Meghan. Along with several other Cousins, Nieces and Nephews. Rosemary was also predeceased by her brother Walter.
One of Rosemary’s first jobs, and certainly one of her most memorable was working at Freddy’s Seafood Fish Market in Middletown with her life-long best friend Polly. Picture two young ladies cruising around New York City in a giant van during the wee hours of the morning in search of the day’s freshest catches at the South Street Seaport Fish Market. Throughout her life, Rosemary worked at several businesses in Middletown. For a combined 20 years, she managed The Floor Store in Rickel’s and National Wholesale Liquidators for Dean Floor Cover Co. She even won a car in a company sales contest and gave it to her mother Rose. That was Rosemary, always taking care of everyone she loved.
She enjoyed traveling, especially when a beach was the destination. In her early years, she frequented the cool sands of Belmar NJ with good friends, Polly, and Holly. Later in life, she found great joy visiting beaches with her family. Along the way, she visited beaches in Virginia, the Carolinas, Florida, as well as a Honeymoon cruise and later an Anniversary cruise both to Bermuda. Collecting seashells was her favorite beach activity, the smaller the shell, the better. Rosemary also enjoyed all things Miniature. Crafting and displaying different scenes for the major holidays with miniature pieces was a favorite pastime and an absolute delight for her family and friends to witness. Known by her family as “Pudgy’s Bird Business,” feeders around the house, and yard kept the birds fed and happy. Especially hummingbird feeders on the back deck and whole peanuts for blue jays. Throughout her life, Rosemary cherished her pet cats. She had several pairs over the years. Bobbie & Jerry, then Thor & Zeus, and her current clowder Missy and Mugen all adored her. She was an avid NY Yankees fan, attending spring training games with her family in Tampa, FL, and home games at Yankee Stadium.
A Memorial Service will be held on Saturday, December 10, 2022, at 11am, at Saint Joseph’s Church, 149 Cottage St, Middletown, NY, 10940. A luncheon to Celebrate Rosemary will be held after the Memorial Service at the Mechanicstown Fire Department, Station 1, 22 Victory St, Middletown, NY, 10940. Family and Friends, please feel free to attend either or both. In lieu of flowers, memorial contributions can be made to the American Cancer Society.
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