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Terms & Conditions of Use

Terms

By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors, our website content and hosting providers, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.

Use License

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

  • When using or accessing our Site, you may not:
    • modify or copy any material or Services;
    • use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
    • engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
    • remove any copyright or other proprietary notations from the material; or
    • transfer the materials to another person or entity or “mirror” the material on any other server.
  • Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
  • Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
    • unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
    • material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
    • material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.
  • Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, OUR WEBSITE CONTENT AND HOSTING PROVIDERS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, our website content and hosting providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.

Revisions and Errata

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We do not, however, make any commitment to update the materials.

Links

We have not reviewed all of the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.

Site Terms of Use Modifications

We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to the Site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.

Entire Agreement

These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site

Privacy Policy

Revised: October 20

Your information privacy is important to us. We provide this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the website on which this policy is posted (“Site”) and related services offered through the Site (“Services”). This Privacy Policy applies to all users of the Site and Services.

This Privacy Policy is specific to this Site—it does not apply to any of our other websites or other online or offline services provided by us.

BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.

1. Personal Information We Collect

We may collect the following categories and types of “Personal Information”:

  • Contact Information: your first and last name, mailing address, email address, and phone number;
  • Other identifying information: IP address, social media usernames, passwords and other security information for authentication and access;
  • Financial Information: credit card, debit card and bank account information;
  • Demographic information: gender, age, employment information and salary information;
  • Geolocation data;
  • Internet or other electronic activity: your browsing and click history, including information about how you navigate within our Site and Services and which elements of our Site and Services you use the most;
  • Commercial information: products or services purchased or viewed on our Site;
  • Audio and visual information: your videos and photos; and
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

2. How We Use Personal Information

We may use your Personal Information for the following categories of use:

  • Transactional Purposes: We may use your contact information, financial information, and commercial information to:
    • Receive, process, confirm, send and track your order, subscription or registration;
    • Communicate with you about your order, subscription or registration; and
    • Process any subscription or registration you make to one of our Services.
  • Analytical Purposes: We may use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.
  • Marketing and Promotional Purposes: We may use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data and inferences to:
    • Inform you of our new products, services and offers;
    • Provide you with targeted advertising;
    • Run contests, promotions and sweepstakes,
    • Provide you with our loyalty program including earning points and awarding and redeeming certificates; and
    • Provide you with other information from and about us, including personalized marketing communications.
  • Maintenance and Improvement of the Site and Services: We may use your contact information, commercial information, and internet activity and browsing history to:
    • Provide you with the Site and Services, including to send you alerts about your account;
    • Handle your customer services requests; and
    • Help us diagnose technical and service problems and administer our stores, the Site, and the Services.
  • Review and content creation purposes: We may use your contact information, commercial information, and audio and visual information to enable reviews of our products and to display content that you have created and allowed us to display on our Site and Services and on social media.
  • Security and Fraud Prevention: We may use your contact information, other identifying information, commercial information, internet activity and browsing history, and inferences to protect the Site and services, our company, and others and to prevent fraud, theft and misconduct.
  • Legal and Other Requirements: We may use your personal information to comply with legal requirements or when necessary to provide to our lawyers, accountants or other advisors. We may also use your personal information for other purposes for which you have consented to. This may include for a secondary purpose that is related to a purpose for which we collected it, and for which you would reasonably expect us to use your information for.

3. Sources of Personal Information

We may collect Personal Information from the following sources:

  • We collect information directly from you. We may collect contact, demographic and financial information directly from you including when you fill out a form on our Site, sign up for communications from us, or ask us to contact you. The information that we collect depends on the nature of your interactions with us.
  • We collect information from our Service Providers. We collect information from our Service Providers (defined below) that collect certain Personal Information from or about you on our behalf, such as an analytics software or platform that we use to measure and analyze traffic to the Site, the Services or interaction with our ads. For example, our Service Providers may capture certain usage data to provide and analyze a “session replay” of your activities on the Site, which allows us to optimize the Site and the Services. The session replay may record, for example, clicks, mouse movements, scrolling, typing, navigation through the Site and the technical specifications of your device.
  • We collect information from other third-party sources. We may also collect information about you from third-party sources, including any information you make publicly available on social media platforms or other online or offline resources, or when you give us consent to link your account to a third-party service or provider.
  • We collect information from you passively. We may collect internet or other electronic activity passively using tools like browser cookies. This activity is further described in the Cookies and Advertising and Online Tracking sections below.

4. Categories of Third Parties We Share Personal Information With

Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Our Affiliates

We may share Personal Information with businesses controlling, controlled by, or under common control with us, where such affiliates or subsidiaries are acting as our Service Provider, or where required by law.

Corporate Transactions

If we merge, are acquired, or are sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information in connection with such transaction.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

5. Cookies

We may use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We may use cookies and other similar technologies to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking Section of this Privacy Policy. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We may use Google Analytics on the Site and Services to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

6. Advertising and Online Tracking

We may allow third-party companies to serve ads and collect certain information when you visit the Site and Services. These companies may use certain information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us. You can learn about this in the “Managing Your Information Preferences” section of this Privacy Policy.

7. Managing Your Information Preferences

You can opt out of receiving marketing e-mails from us by following the link provided at the bottom of all marketing e-mails you receive from us. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account.

8. Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications. We cannot control and are not responsible for what such third parties may do with your information, so you should exercise caution when choosing to share it.

9. Security

We maintain physical, electronic, and procedural safeguards to help protect the confidentiality and security of information transmitted to us. Personal information may be accessed by persons within our organization, or other entities described in this Privacy Policy, or our third-party service providers, who require such access to carry out the purposes described in this Privacy Policy, or as otherwise permitted or required by applicable law.

However, no data transmission over the Internet or other network can be guaranteed to be 100% secure, and no security measures can provide absolute protection. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, or that you otherwise provide to us, and you do so at your own risk.

10. Links

Our Site and Services may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites and are not responsible for their practices. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

11. Children’s Privacy

The Site and Services are intended for users who are 18 years old or older. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

12. Processing in the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. Personal information processed and stored in another country may be subject to disclosure or access requests by the governments, courts or law enforcement or regulatory agencies in that country according to its laws. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States. If you have any questions regarding international data transfers, you may contact us using the contact information we provide below.

13. Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.

14. Contact Us

If you have any questions or concerns, or would like to submit a complaint to us, you may contact us at the contact information available on the Site.

Please print a copy of this privacy policy for your records and PLEASE check the Site frequently for any changes.