This Terms of Use Agreement (“Agreement”) is entered into as of the Effective Date set forth above by and between the Company set forth above and you (the “Client”). The Company and the Client may be collectively referred to as the “Parties” and individually as a “Party.”
GENERAL TERMS
A. The Client’s access to and use of the Company’s website, app, social media pages and/or accounts, email, and/or communication (including any Company blog, forum, or chatroom) (collectively, the “Platform”) constitutes the Client’s agreement to be bound by this Agreement. If the Client does not agree to the terms, conditions, covenants, and representations and warranties under this Agreement, then the Client must not access nor use the Platform as such access and/or use is conditioned upon the Client’s acceptance of this Agreement.
B. The Company reserves the right, in its sole discretion, to:
modify this Agreement, with or without notice to the Client and
terminate the Client’s access to the Services, Content, and/or Platform, without notice.
C. Use of the Services, Content, and/or Platform is prohibited in any jurisdiction that does not give effect to all provisions of this Agreement.
D. The Client represents and warrants that the Client is either of legal age and/or that the Client consents on its minor dependent’s behalf to use of the Services, Content, and/or Platform and the terms, conditions, covenants, and representations and warranties contained in this Agreement and, to the extent applicable, the Client’s Client Coaching Agreement (the “CCA”).
Services. The Client hereby engages the Company to provide personal health and fitness services (the “Services”) via the Company’s in-person studio, Platform, and/or through the Company, an affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or through any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (the “Company Representatives”), all subject to the terms and conditions set forth in this Agreement.
Products. The Company endeavors to display as accurately as possible the colors and images of any products for sale via the Platform (the “Products”) but cannot guarantee that such images and/or that the Client’s computer monitor’s display of any colors will be accurate. Further, the Company does not warrant as to the quality of any Products or that the same will meet the Client’s expectations. All descriptions of Products and Product pricing are subject to change at any time without notice, in the Company’s sole discretion. The Company, in its sole discretion, reserves the right to refuse, limit, and/or cancel any Products purchased by the Client. All Products are final sale and subject to Section 3 below. Damaged, defective, or incorrect Product(s) must be reported within two (2) days of receipt of such damaged, defective, or incorrect Product(s) via email to insert.
Billing. In consideration of the Company’s rendering of the Services, Content, and Platform, the Client authorizes the Company to charge the Client the price of any Product purchased and/or the price of any Service purchased as set forth in the CCA, either as a lump sum or as a recurring monthly fee at the then current rate, which may change from time to time. The Client acknowledges that the amount billed each month may vary for reasons that may include differing amounts due to Products purchased, promotional offers, and/or changing or adding a plan/package and the Client authorizes the Company to charge the Client for such varying amounts, as well as for any applicable taxes.
Termination of Services. Either Party shall have the right to terminate the Services as set forth in the CCA. However, no refunds, whether full or partial, shall be issued for any reason, unless agreed to in writing by the Company, in the Company’s sole discretion, or as set forth in Florida Statute 501.017. Any termination shall be effective immediately upon such written notice and result in termination of the Services, Content, and Platform, though the following shall survive any such termination in perpetuity:
the covenant set forth in Section 5,
the Contributed Content License set forth in Section 7 (and the respective representatives, warranties, and covenants associated therewith),
the Assumption of Risk, Release, Waiver, & Consent Agreement set forth in Section 8and Addendum A,
the Video, Photo, & Appearance Rights Release Form set forth in Section 9and Addendum B,
the Privacy Policy set forth in Section 10 and Addendum C,
the Disclaimers and release set forth in Section 11, and
the indemnification and limitation of liability set forth in Section 12.
Intellectual Property Notice. All photographs, videos, graphics, logos, design elements, text, programs, data, code, user interfaces, and any other material provided to or made available to the Client (collectively, the “Content”) via the Platform are owned, controlled, and/or licensed by and/or to the Company and is protected by trade dress, copyright, patent, trademark, and various other intellectual property rights and unfair competition laws. As such, the Client covenants and agrees that no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other individual, legal entity, computer, server, website, or other medium for publication or distribution or for any commercial purpose, without the Company’s prior written consent.
Limited License. In furtherance of the Services, the Client is granted a limited, personal, non-transferable, non-sublicensable, revocable license to the Services, Content, and Platform for the Client’s personal use subject to the restrictions set forth in Section 5(the “Limited License”). The Limited License shall terminate immediately upon termination pursuant to Section 4.
Contributed Content. The Client is solely responsible for all photographs, videos, graphics, logos, design elements, text, and any other material submitted, uploaded, or made available to a Company Representative via the Platform (including any comments, feedback, or ideas sent to a Company Representative) (“Contributed Content“) and (i) represents and warrants it owns and controls all rights to the Contributed Content, (ii)grants the Company Representatives a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual, worldwide license and right to use (including commercial use), copy, reproduce, republish, upload, post, publicly display, transmit, distribute, or otherwise make available the Client’s Contributed Content (the “Contributed Content License”), and (iii) expressly covenants and agrees not to submit, upload, or make available any Contributed Content which:
infringes another’s trade dress, copyright, patent, trademark, or other intellectual property right or unfair competition law,
contains, or links to, any “spam” or harmful, disruptive, or destructive software, data, file, or code, and/or
is false, misleading, defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory, or is otherwise objectionable or illegal in the Company’s sole discretion.
Any breach of the foregoing may result in termination, in the Company’s sole discretion, pursuant to Section 4.
Assumption of Risk, Release, Waiver, & Consent Agreement. Such Assumption of Risk, Release, Waiver, & Consent Agreementis attached to this Agreement as Addendum A and incorporated into this Agreement as if fully set forth herein.
Video, Photo, & Appearance Rights Release Form. Such Video, Photo, & Appearance Rights Release Form is attached to this Agreement as Addendum Band incorporated into this Agreement as if fully set forth herein.
Privacy Policy. Such Privacy Policy is attached to this Agreement as Addendum Cand incorporated into this Agreement as if fully set forth herein.
Disclaimers. The following shall collectively be referred to as the “Disclaimers”. By using the Services, Content, and Platform, the Client understands and agrees:
Results.
that every individual is different and the rate and/or amount of weight loss and/or muscle gain will vary from person to person and
no Content or contributed content of another showing before-and-after pictures or testimonials guarantees results.
Nutrition.
that certain or all Company Representatives may not be registered dieticians and
any nutritional Services, Content, program, guidance, and/or information given by any Company Representative is not meant to be used:
as a substitute for any advice, consultation, and/or treatment with a medical doctor and/or registered dietician,
to prescribe medications or supplements,
to treat any medical or clinical condition or any symptoms of a medical or clinical condition,
to diagnose a medical or clinical condition and
for anything other than informational purposes.
Pregnancy.
any prenatal or post-pregnancy Services, Content, program, guidance, and/or information given by any Company Representative is not meant to be used:
as a substitute for any advice, consultation, and/or treatment with a medical doctor and
for anything other than informational purposes.
Affiliation.
that the Company and/or the Company Representatives may have affiliate relationships with certain companies which may be discussed throughout the term of this Agreement via any Content or on any Platform,
the Client’s use of any such products or services from these affiliates or interactions with the affiliates, including payment and delivery of goods or services, and any other terms, conditions, covenants, warranties, or representations associated with such dealings and/or transactions, are solely between the Client and such affiliates,
the Client shall make whatever investigation the Client feels is necessary or appropriate before proceeding with any such dealing and/or transaction, and
if there is a dispute between the Client and an affiliate, the Client understands and agrees that neither the Company nor any Company Representatives shall:
be under any obligation to become involved in such dispute or
become liable with respect to any such dispute.
Warranties.
the Services, Content, Platform, and Products provided by any Company Representatives are provided on an “as is” basis and
the Company
expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade,
without limiting the foregoing, does not represent or warrant that the Services, Content, and/or Platform are accurate, complete, reliable, current, error-free, and/or free of harmful, disruptive, or destructive software, data, file, or code, and
Services, Content, contributed content of another, and/or guidance and/or information by a Company Representative should never override the advice from the Client’s doctor and/or registered dietician.
Release.
To the maximum extent permitted by applicable law, the Client hereby forever, irrevocably, and unconditionally releases, waives, relinquishes, discharges from liability, and covenants not to sue any Company Representative from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from any Disclaimer set forth in this Section 11.
Indemnification & Limitation of Liability. The Client shall defend, indemnify, and hold harmless the Company and the Company Representatives from and against any and all Claims related to or arising, directly or indirectly, from the Client’s (i)breach of this Agreement or any of the Addendums (ii)breach of any other terms, conditions, or covenants to which the Client is subject, including, but not limited to, the CCA, (iii)violation of any applicable law,(iv)use of the Company’s Services, Content, Platform, and/or Products,(v)failure to obtain and seek from the Client’s doctor medical clearance to use the Company’s Services, Content, and/or Platform, (vi)failure to inform and advise the Client’s doctor regarding any side effect(s) and risks(s) the Client experiences, and/or (vii) failure to adhere to the advice, recommendations, and/or treatments of the Client’s doctor and/or registered dietician.
IN THE EVENT ANY CLAIM RELEASED AND WAIVED WITHIN THIS AGREEMENT, THE ADDENDUMS, AND/OR THE CCA IS BROUGHT BY THE CLIENT, OR ASSERTED ON THE CLIENT’S BEHALF, THE CLIENT OR CLIENT’S REPRESENTATIVE AGREES TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND THE COMPANY REPRESENTATIVES FROM SUCH CLAIM. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW A RELEASE AND WAIVER OF CLAIMS AND/OR LIMITATION OF DAMAGES, THE CLIENT ACKNOWLEDGES AND AGREES THAT THE COMPANY’S AND/OR THE COMPANY REPRESENTATIVE’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO THE COMPANY (LESS ANY CREDITS, REFUNDS, COUPONS, PROMOTIONS, OR THE LIKE) DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY SUCH CLAIM.
General Provisions.
Headings. The headings and captions used herein are for reference purposes only and have no legal effect on the interpretation of this Agreement.
Addendums. Any capitalized terms used in Addendum A, Addendum B, or Addendum C (the “Addendums”) and not defined, shall have the meanings given to them in this Agreement.
Waiver. The failure, delay, or negligence in one or more instances of a Party to insist upon performance of any of the terms, conditions, and covenants set forth in this Agreement, the Addendums, or the CCA, or to exercise any of its right or privilege conferred by this Agreement, the Addendums, or the CCA, shall not be construed as waiving that Party’s right to insist upon the performance of such terms, conditions, and covenants or its right to exercise such rights and privileges. Further, a Party’s agreeance, in writing, to waive performance of any of the terms, conditions, and covenants set forth in this Agreement, the Addendums, or the CCA, or to waive its right to exercise any of its rights or privileges conferred by this Agreement, the Addendums, or the CCA, shall not constitute a continued waiver thereof.
Severability. If any term, condition, or covenant of this Agreement, the Addendums, or the CCA, are held by a court or government agency of competent jurisdiction to be illegal, void, or unenforceable, it is the Parties’ intent that such term, condition, or covenant be reduced in scope by such court or government agency only to the extent necessary to render such term, condition, or covenant legal and enforceable and in line with the Parties’ intention thereunder. Further, the remainder of the Agreement, Addendums, and CCA shall in no way be affected, impaired, or invalidated as a result and shall remain in full force and effect.
Remedies Cumulative. Except as provided to the contrary herein, the Parties’ rights and remedies shall be cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude that Party’s exercise of any other right or remedy under this Agreement, the Addendums, or the CCA, at law, or in equity.
Entire Agreement. This Agreement, together with its Addendums and the CCA, set forth the entire understanding of the Parties regarding the Services, Content, Platform, and Product(s). This Agreement may be modified by the Company at any time, with or without notice to the Client, in the Company’s sole discretion. As such, it is recommended the Client periodically review this Agreement to stay informed of any such modifications.
Governing Law & Legal Fees. This Agreement, together with its Addendums and the CCA, shall be construed in accordance with the laws of the State of Florida. The Parties agree that any dispute arising out of this Agreement, the Addendums, or the CCA shall be litigated solely in the United States District Court in or nearest Maitland, Florida. The prevailing Party in any such suit shall be reimbursed its reasonable costs, including attorney fees, by the non-prevailing Party.
ADDENDUM A
ASSUMPTION OF RISK, RELEASE, WAIVER, & CONSENT AGREEMENT
I. OVERVIEW
A. Side Effects & Risks
As with any health and fitness services, use of the Company’s Services and/or following any Content or contributed content of another available via the Platform has inherent risks, including, but not limited to:
discomfort
soreness
faintness
dizziness
shortness of breath
pain
injuries
bleeding
decapitation
death
B. Use
Before starting the Services, it is crucial you inform your doctor about the Services and receive medical clearance to participate in such Services and/or prior to making any changes in your diet, nutrition, and/or lifestyle.
During the Services, it is crucial you inform your doctor, the Company, and your Company Representative about any side effect(s) and risks(s) you are experiencing, whether or not the same has been listed above. The Client should never disregard advice from the Client’s doctor based on any of the Company’s Services, Content, contributed content of another, and/or any of the guidance and/or information by a Company Representative.
II. ASSUMPTION OF RISK
I ACKNOWLEDGE AND AGREE THAT MY USE OF THE SERVICES, CONTENT, AND PLATFORM IS VOLUNTARILY AND RECOGNIZE THAT THERE ARE FORESEEABLE RISKS, INCLUDING, BUT NOT LIMITED TO, THE SIDE EFFECTS & RISKS LISTED ABOVE IN ARTICLE I, AS WELL AS UNFORESEEABLE RISKS DIRECTLY AND INDIRECTLY RELATED TO MY USE OF THE SERVICES, CONTENT, AND PLATFORM WHICH THE COMPANY HAS NO CONTROL OVER (COLLECTIVELY, THE “RISKS”). I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED AND ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN AS A RESULT OF SUCH RISKS MAY BE COMPOUNDED BY ANY EMERGENCY RESPONSE OR RESCUE OPERATIONS OF A COMPANY REPRESENTATIVE.
I REPRESENT HAVING INFORMED MY DOCTOR REGARDING USE OF THE SERVICES AND COVENANT TO CONTINUE TO INFORM MY DOCTOR, THE COMPANY, AND MY COMPANY REPRESENTATIVE REGARDING ANY CHANGES TO MY PHYSICAL AND/OR MENTAL CONDITION, INCLUDING, BUT NOT LIMITED TO, ANY RISKS (COLLECTIVELY, THE “CHANGES”). I ASSUME ALL RESPONSIBILITY FOR UPDATING MY DOCTOR, THE COMPANY, AND MY COMPANY REPRESENTATIVE WITH RESPECT TO ANY CHANGES AND REPRESENT, WARRANT, AND COVENANT THAT UNTIL I DO SO, I AM IN GOOD PHYSICAL AND MENTAL CONDITION AND DO NOT SUFFER FROM ANY KNOWN ILLNESS, DISABILITY, AND/OR CONDITION WHICH WOULD PREVENT OR LIMIT USE OF THE SERVICES. TO THE EXTENT I AM UNAWARE OR UNSURE OF MY PHYSICAL AND/OR MENTAL CONDITION, I ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY RECOMMENDS I SEEK MEDICAL ADVICE FROM MY DOCTOR PRIOR TO STARTING THE SERVICES AND ASSUME ALL RESPONSIBILITY FOR DOING SO.
III. RELEASE FROM LIABILITY & WAIVER
For and in consideration of the Services, Content, and Platform, the receipt and sufficiency of which is hereby acknowledged, to the maximum extent permitted by applicable law, I hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue the Company, any affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (each a “Released Party“) from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from (i)my use of the Company’s Services, Content, and/or Platform, (ii)the condition, maintenance, and inspection, of any materials, products, tools, equipment, and/or Content used in the provision of the Services, (iii)any Risks, including, but not limited to, injuries or complications resulting from diagnosed and/or undiagnosed medical conditions impacted and/or aggravated from or by use of the Services and/or following any Content or contributed content of another available via the Platform, (iv)the Disclaimers set forth in the Terms of Use and/or CCA, and/or (v) the acts or omissions of Company or any other Released Party, including, without limitation, any claim for negligence, failure to warn or other omission, personal injury, emotional injury, illness, bodily harm, paralysis or death, even if the Claim arises from the carelessness or negligence of any Released Party.
IV. LIMITATION OF LIABILITY
FOR AND IN CONSIDERATION OF THE SERVICES, CONTENT, AND PLATFORM, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, IN NO EVENT SHALL THE COMPANY OR A RELEASED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED, BE IT BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, THE EGGSHELL PLAINTIFF DOCTRINE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, OR PLATFORM (THE “DAMAGES”), EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY DESPITE ANY BREACH BY THE COMPANY OR A COMPANY REPRESENTATIVE.
IN THE EVENT ANY CLAIM AND/OR DAMAGES RELEASED AND WAIVED HEREIN IS BROUGHT BY ME, OR ASSERTED ON MY BEHALF, I (OR MY REPRESENTATIVE) AGREE TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH RELEASED PARTY FROM SUCH CLAIM AND DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW A RELEASE AND WAIVER OF CLAIMS AND/OR LIMITATION OF DAMAGES, I ACKNOWLEDGE AND AGREE THAT THE COMPANY’S AND/OR COMPANY REPRESENTATIVE’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY ME TO THE COMPANY (LESS ANY CREDITS, REFUNDS, COUPONS, PROMOTIONS, OR THE LIKE) DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY SUCH CLAIM AND/OR DAMAGE.
ADDENDUM B
VIDEO, PHOTO, & APPEARANCE RIGHTS RELEASE FORM
For and in consideration of the Services, Content, and Platform provided by solrev, LLC (the “Company”) pursuant to the Terms of Use Agreement (the “Terms of Use”) and, to the extent applicable, the Client’s Client Coaching Agreement (the “CCA”), the receipt and sufficiency of which is hereby acknowledged, I:
I. GRANT OF RIGHTS
Grant to the Company, any affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (the “Company Representatives”), the irrevocable and unrestricted right and permission to (collectively, the “Rights”):
photograph and/or film me,
to use, (including commercial use), copy, reproduce, republish, upload, post, publicly display, transmit, distribute, or otherwise make available any and all photographs, video recordings, and/or sound recordings of me or in which I may be included, in whole or in part, without restriction as to changes or alterations, in any and all media now or hereafter known (including, but not limited to, via the Company’s website, app, social media pages and/or accounts, email, communication (including any Company blog, forum, or chatroom), and/or the Company Representatives (collectively, the “Platform”)), for illustration, promotion, editorial, advertising, or any other purpose whatsoever (the “Media”), and
to copyright such Media, reproductions of such Media, and/or derivatives of such Media in the Company’s own name or otherwise.
II. ACKNOWLEDGEMENT & WAIVER OF RIGHTS
Acknowledge that:
I may be identified by my legal name, fictitious name, social media name, and/or social media handle in conjunction with the Media of me and consent to all Company Representatives’ use of my name, likeness, and/or any biographical material concerning me in connection with such Media,
I am hereby waiving any right that I may have to inspect or approve the finished product of the Media, or other matter that may be used in connection therewith or the use to which it may be applied,
the Company and the Company Representatives will rely on this Video, Photo, & Appearance Rights Release Form (the “Release”), potentially at substantial cost to it, and hereby agree, to the maximum extent permitted by applicable law, to forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue any Company Representative from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from:
the Rights and/or
any and all Claims that I may have for libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any other right, and/or for any injury or harm suffered by me arising out of or relating to my appearance (including, but not limited to, any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced with respect to the Media), and
the Rights and Release shall survive termination of the Services, Content, and Platform under the Terms of Use and/or CCA.
ADDENDUM C
PRIVACY POLICY
solrev, LLC (the “Company”) is committed to respecting and protecting your privacy. As a necessary aspect of the Company’s Service, Content, Platform, and shipment of Product, the Company may collect personally identifiable information (the “PII”) when you use the Service, Content, and/or Platform and/or order any Product, but will only collect PII to the extent necessary to provide such Services, Content, and/or Platform and/or to deliver such Product.
GENERAL TERMS
A. Use & Consent. The Client’s access to and use of the Company’s website, app, social media pages and/or accounts, email, and/or communication (including any Company blog, forum, or chatroom) (collectively, the “Platform”) constitutes the Client’s agreement to be bound by this Privacy Policy (the “Policy”). If the Client does not agree to the terms, conditions, covenants, and representations and warranties under this Policy, then the Client must not access nor use the Platform as such access and/or use is conditioned upon the Client’s acceptance of this Policy.
B. Modification & Termination. The Company reserves the right, in its sole discretion, to:
modify this Policy, with or without notice to the Client and
terminate the Client’s access to the Services, Content, and/or Platform, without notice.
C. Prohibited Where Void. Use of the Services, Content, and/or Platform is prohibited in any jurisdiction that does not give effect to all provisions of this Policy.
D. Representations & Warranties. The Client represents and warrants that the Client is either of legal age and/or that the Client consents on its minor dependent’s behalf to use of the Services, Content, and/or Platform and the terms, conditions, covenants, and representations and warranties contained in this Policy.
E. Terms of Use. Any capitalized terms used in this Policy and not defined, shall have the meanings given to them in the Terms of Use.
I. PII THAT IS GATHERED FROM CLIENTS
Your visits to the Platform such as log files, the date and time visitors land on pages, browser signatures, operating system, device type, and IP address.
Information that you voluntarily submit, provide, publish, and/or display when using the Platform.
Records and copies of your correspondence, if you contact the Company.
Details of transactions you carry out through our Platform and of the fulfillment of your orders of Products.
Contributed Content you submit, provide, publish, and/or display.
The Company, the Company’s service providers, and/or automatic data collection technologies may collect information on how you use the Services, Content, and/or Platform and/or how your devices access the Platform, such as via:
Cookies: A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Platform. Unless you have adjusted your browser setting so that it will refuse cookies, cookies will be issued when you direct your browser to our Platform.
Flash Cookies: Certain features of the Platform may use local stored objects to collect and store information about your preferences and navigation to, from, and on the Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons: Pages of our Platform may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or for other related website statistics.
Mobile Device Identifiers: A device identification is an anonymous string of numbers and letters that uniquely identifies a mobile device such as a smartphone, tablet or smartwatch.
Other Technologies
Some content or applications, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with flash cookies, web beacons, mobile device identifiers, or other tracking technologies) to collect PII about you when you use the Platform. The PII they collect may be associated with your personal information and your online activities over time and across different websites and other online services. They may use such PII to provide you with interest-based (behavioral) advertising or other targeted content. The Company does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, click here:
II. HOW PII IS USED
To provide, maintain, operate, improve, enhance, administer, and/or troubleshoot its Platform and your experience with it.
To carry out obligations and enforce the Company’s rights arising from any agreements, whether written or oral, entered into between the Parties, including for shipping, billing, and collection purposes.
To third parties to market their products or services to you.
In any other way the Company may describe when you submit, provide, publish, and/or display the PII.
For any other purpose with your consent.
III. HOW PII IS SHARED
To Company Representatives, contractors, service providers, or other third parties used to support the Company’s business.
To fulfill the purpose for which you submit, provide, publish, and/or display such PII.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To carry out obligations and enforce the Company’s rights arising from any agreements, whether written or oral, entered into between the Parties, including for shipping, billing, and collection purposes.
In any other way the Company may describe when you submit, provide, publish, and/or display the PII.
For any other purpose with your consent.
The Company strives to provide you with choices regarding the PII you submit, provide, publish, and/or display and has created mechanisms to provide you with the following control over your PII:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. (To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.) If you disable or refuse cookies, please note that some parts of the Platform may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want to share your PII with unaffiliated or non-agent third parties for promotional purposes, you can opt-out via Article VI below.
Promotional Offers from the Company. If you do not wish to have your PII used by the Company to promote its own or third parties’ Services, Content, and/or Products, you can opt-out via Article VI below. (This opt out does not apply to PII submitted, provided, published, and/or displayed to the Company as a result of a Service or Product purchase, experience, and/or other communications and/or transactions.
Targeted Advertising. If you do not want the Company to use PII collected or submitted, provided, published, and/or displayed in order to deliver advertisements according to the Company’s advertisers’ target-audience preferences, you can opt-out via Article VI below. The Company does not control third parties’ collection or use of your PII to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your PII collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
IV. HOW PII IS PROTECTED
Unfortunately, the transmission of PII via the internet is not completely secure. Although the Company takes reasonable precautions to protect your PII, the Company cannot guarantee the security of your PII transmitted to our Platform. Any transmission of PII is at your own risk and the Company is not responsible for circumvention of any privacy settings or security measures contained on the Platform. In the unlikely event of a security breach, the Company will notify the Client, as well as the appropriate authorities.
V. ADDITIONAL RIGHTS
Residents of certain countries, including, but not limited to, those in Australia, Canada, and within the European Union, and residents of certain states within the United States, such as California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Nevada, Oregon, Tennessee, Texas, Utah, and Virginia, may have additional personal information rights and choices, including, but not limited to:
California provides its state residents with rights to request certain information regarding any disclosure of PII to third parties for their direct marketing purposes.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Confirm whether the Company processes their PII.
Access and delete certain PII.
Data portability.
Opt-out of PII processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Correct inaccuracies in their PII, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
Nevada provides its residents with a limited right to opt-out of certain PII sales.
To exercise any of these rights please opt-out via Article VI below.
VI. CONTACT INFORMATION
You may also send email to request access to, correct, or delete any PII that you have submitted, provided, published, and/or displayed to the Company. The Company cannot delete your PII except by also deleting your user account and may not accommodate a request to change PII if it believes the change would violate any law or legal requirement or cause it to be incorrect.
For more information about the Company’s privacy practices, if you have questions, or if you would like to make a complaint, please contact the Company by e-mail at insert.
