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Terms of Use | Privacy Policy | Refunds | Ethics Statement

Terms of Use

Agreement between User and colbypearce.com

Welcome to colbypearce.com. The colbypearce.com website (the “Site”) is comprised of various web pages operated by Colby Perace/Cycling In Alignment (“Colby Perace”). colbypearce.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of colbypearce.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
 
colbypearce.com is a Information, articles, and store Site.
 
To inform, teach, and sell products
 
Privacy
Your use of colbypearce.com is subject to Colby Perace’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting colbypearce.com or sending emails to Colby Perace constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Colby Perace is not responsible for third party access to your account that results from theft or misappropriation of your account. Colby Perace and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 
Children Under Thirteen
Colby Perace does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use colbypearce.com only with permission of a parent or guardian.
 
Cancellation/Refund Policy
Refunds offered through credit card processor writhing 30 days. Contact for more information.
 
Links to Third Party Sites/Third Party Services
colbypearce.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Colby Perace and Colby Perace is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Colby Perace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Colby Perace of the site or any association with its operators.
 
Certain services made available via colbypearce.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the colbypearce.com domain, you hereby acknowledge and consent that Colby Perace may share such information and data with any third party with whom Colby Perace has a contractual relationship to provide the requested product, service or functionality on behalf of colbypearce.com users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use colbypearce.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Colby Perace that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Colby Perace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Colby Perace content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Colby Perace and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Colby Perace or our licensors except as expressly authorized by these Terms.
 
Third Party Accounts
You will be able to connect your Colby Perace account to third party accounts. By connecting your Colby Perace account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
 
International Users
The Service is controlled, operated and administered by Colby Perace from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Colby Perace Content accessed through colbypearce.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend and hold harmless Colby Perace, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Colby Perace reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Colby Perace in asserting any available defenses.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Colby Perace agree otherwise, 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.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLBY PERACE/CYCLING IN ALIGNMENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
COLBY PERACE/CYCLING IN ALIGNMENT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLBY PERACE/CYCLING IN ALIGNMENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLBY PERACE/CYCLING IN ALIGNMENT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLBY PERACE/CYCLING IN ALIGNMENT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Termination/Access Restriction
Colby Perace reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Colby Perace as a result of this agreement or use of the Site. Colby Perace’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Colby Perace’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Colby Perace with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Colby Perace with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Colby Perace with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
Colby Perace reserves the right, in its sole discretion, to change the Terms under which colbypearce.com is offered. The most current version of the Terms will supersede all previous versions. Colby Perace encourages you to periodically review the Terms to stay informed of our updates.
 
Contact Us
Colby Perace welcomes your questions or comments regarding the Terms:
 
Colby Perace/Cycling In Alignment
3980 Broadway St Suite 202
Boulder, Colorado 80304
 
Email Address:
cwpcoaching@me.com
 
Telephone number:
303-884-8088
 
Effective as of May 04, 2024

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Privacy Policy

ONLINE PRIVACY POLICY AGREEMENT

May 17, 2024

Colby Pearce.com (Colby Pearce) values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Colby Pearce.com of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Colby Pearce.com decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to Colby Pearce.com, and it governs any and all data collection and usage by us. Through the use of colbyperace.com, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Colby Pearce.com does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following

  1. What personally identifiable information is collected from you through our website;
  2. Why we collect personally identifiable information and the legal basis for such collection;
  3. How we use the collected information and with whom it may be shared;
  4. What choices are available to you regarding the use of your data; and
  5. The security procedures in place to protect the misuse of your information.

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:

  • ·  Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
  • ·  Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.In addition, Colby Pearce.com may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.Colby Pearce.com may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.Why We Collect Information and For How LongWe are collecting your data for several reasons:
  • ·  To better understand your needs and provide you with the services you have requested;
  • ·  To fulfill our legitimate interest in improving our services and products;
  • ·  To send you promotional emails containing information we think you may like whenwe have your consent to do so;
  • ·  To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
  • ·  To customize our website according to your online behavior and personal preferences.The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.Use of Information CollectedColby Pearce.com does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.Colby Pearce.com may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from colbyperace.comColby Pearce.com may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.Colby Pearce.com uses various third-party social media features including but not limited to Instagram, Twitter X),Facebook and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Colby Pearce.com’s control.Disclosure of Information

Colby Pearce.com may not use or disclose the information provided by you except under the following circumstances:

  • ·  as necessary to provide services or products you have ordered;
  • ·  in other ways described in this Policy or to which you have otherwise consented;
  • ·  in the aggregate with other information in such a way so that your identity cannotreasonably be determined;
  • ·  as required by law, or in response to a subpoena or search warrant;
  • ·  to outside auditors who have agreed to keep the information confidential;
  • ·  as necessary to enforce the Terms of Service;
  • ·  as necessary to maintain, safeguard and preserve all the rights and property of ColbyPearce.com.Non-Marketing PurposesColby Pearce.com greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Colby Pearce.com products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.Children under the age of 13Colby Pearce.com’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.Unsubscribe or Opt-OutAll users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to cwpcoaching@me.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Colby Pearce.com will continue to adhere to this Policy with respect to any personal information previously collected.Links to Other Websites

Our website does contain links to affiliate and other websites. Colby Pearce.com does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.

Notice to European Union Users

Colby Pearce.com’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation (“GDPR”) of the EU you have certain rights as a Data Subject. These rights are as follows:

  • ·  The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
  • ·  The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to cwpcoaching@me.com.
  • ·  The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
  • ·  The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to cwpcoaching@me.com.
  • ·  The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to cwpcoaching@me.com.
  • ·  The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at cwpcoaching@me.com.
  • ·  The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to cwpcoaching@me.com.In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at colbyperace.com.SecurityColby Pearce.com takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.Acceptance of TermsBy using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website

following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: cwpcoaching@me.com

Telephone Number: 303-884-8088

Mailing Address:

Colby Pearce.com
3980 Broadway St Suite 202 Boulder, Colorado
80304

The data controller responsible for your personal information for the purposes of GDPR compliance is:

Colby Pearce
cwpcoaching@me.com
+1 303-884-8088
3980 Broadway St Suite 202 Boulder, CO 80304 USA

GDPR Disclosure:

If you answered “yes” to the question Does your website comply with the General Data Protection Regulation (“GDPR”)? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.

COPPA Compliance Disclosure:

This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties.

In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks; (ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g. that you won’t require a child to disclose more information than is reasonably necessary, that they can review their child’s personal information, direct you to delete it, and refuse to allow any further collection or use of the child’s information, and the procedures to exercise their rights); (iv) give parents “direct notice” of your information practices before collecting information from their children; and (v) obtain the parents’ “verifiable consent” before collecting, using or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online- privacy-protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues.

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Refund Policy

These terms and conditions constitute the return and refund policy of colbypeaarce.com.

Thank you for your purchase. If you are not happy or sure about your purchase, we are here to make it right.

Terms and Conditions for return and refund:

  1. Customers have 30 days to check their purchases. 
  2. If a customer is unsatisfied with the products, they must return them within 30 days of the purchase. colbypeaarce.com will refund the full amount without any questions. 
  3. The products must be returned within 30 days under the following conditions:
    1. The condition of the purchase must be the same as it was at the time of purchase;
    2. It must contain all tags;
    3. It must not be damaged;
    4. The customer must bring the purchase receipt.
  4. After fourteen days of the purchase or not fulfilling any of the conditions provided in Clause Three colbypeaarce.com shall not accept any return, and no money will be refunded. 
  5. If you want more information regarding our return and refund policy please contact us. 

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Ethics

I truly value the relationship I’ve built with a global community over the past 30+ years and hundreds of hours of podcasts.
 
Sponsored content is extremely rare on my show or website. If I choose to work with a brand, it will always be because I actually use the product or service myself and genuinely trust the brand to provide excellent customer service and support. More importantly, I will always make it abundantly clear that such content is sponsored. If I don’t explicitly say that a video is sponsored, then it is not sponsored. Simple as that!

In general, I prefer not to create sponsored work or receive free products. If I do partner with a brand, you can bet they’ve seen this site and heard the podcast and that I’ve been able to build a relationship with them over an extended period of time based on mutual trust and understanding.

Beyond that, I think it’s important to question the purpose behind a sponsorship. For me personally, a sponsor should support and enable what I do, not constrain or control it. Ideally it’s a win-win-win situation for the viewer/listener, the brand, and myself. My channel has never been and never will be an extension of any brand’s marketing department.

Most of the equipment and products I use and talk about are purchased by me, but sometimes I will rent or borrow equipment. Occasionally companies will send a product to me free of charge, and I will always clearly state that it was provided to me at no cost. Usually the reason I accept these offers is simply due to practicality– I don’t have an unlimited budget and sometimes there are things that I’m curious about or that I’ve been asked for my opinion on, and I would go broke pretty quickly (after use, these products are either used regularly, returned, or donated).

Offering free products never guarantees a positive review (or even a mention at all). Just like with sponsorships, I’m extremely selective about accepting anything for free and will only do so after discussing this Ethics Statement with the brand.

All that being said, there are a few additional non-negotiable points I’d like to share for the sake of clarity. I’ve made all of this info publicly available to viewers and brands alike so that we’re all on the same page:

1. My work is my own. I create and produce each connection to my audience based on what I’m excited about and what I think will be relevant/helpful to my audience at that time. 2. My reviews are always as objective as possible and my opinions are always my own.  3. I do not submit previews to anyone for approval or revisions. No exceptions. 4. I have full control over my calendar. While I’m happy to work collaboratively when possible when it comes to scheduling, no outside party can pay or otherwise influence me in return for scheduling priority.  5. Just because a product is provided to me at no cost does not mean I will review it or feature it in any way or any platform. I do not make content in exchange for free products or services. 6. I only work directly with reputable brands.  7. I prefer to avoid “preproduction” versions of products/software and prefer to use what will actually be delivered to other customers. 8. It’s appreciated when companies offer information about their products/services, but I will only include what I think is relevant and necessary in any content. 9. On that same note, I will work to seek answers for anything about a product/service that I don’t fully understand to make my content as accurate and helpful as possible. 10. While it usually makes sense to include certain links in descriptions or social media posts, I retain full control over what is shared on my accounts across all platforms. 11. I never include additional social media promotion in any sponsorship agreements (Instagram, Twitter, Facebook, Etc). 12. YouTube’s “includes paid promotion” option will be checked any time a video posted to that platform features a product or service that was provided at no cost, even if it’s not an official sponsorship. 13. I’m more than happy to let others share my content, as long as the post links directly to the original posts. Audio/Videos may not be re-uploaded elsewhere. 14. If I find myself considering a sponsored campaign that includes other creators, I will work to confirm that there is a representative mix of genders/ethnicities/orientations. 15. I do not guarantee any number of views or any amount of audience engagement on any videos. As much as I want everything I create to “perform” well, there are too many variables beyond my control for me to make any claims regarding potential listenership or viewership.

In the spirit of full transparency, here is a list of brands I’ve worked with over the years who have all been absolutely excellent and fully embraced everything outlined on this page:
 
• Enduro Bearings, www.endurobearings.com

Thanks for taking the time to read and understand my Ethics Statement. This probably doesn’t cover every scenario under the sun, but it should give you a pretty solid idea of how highly I value the integrity behind what I do and the relationship with anyone who takes the time to check out something I’ve made.

– Colby

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