Terms & Conditions, Privacy, and Disclaimers

TERMS AND CONDITIONS

 

Last Updated:

September 4, 2024

 

831 Stories Inc. (referred to as “Company” or “our”, “we” or “us”) is a romantic fiction entertainment company which operates a third-party e-commerce retail platform selling books, apparel, and accessories, and content (collectively referred to as the “Product(s)”). 

 

The following Terms and Conditions (hereinafter referred to as the “Terms”), describe the specifications on which any customer or user (referred to herein as “you”, “your”, or a “Customer”) may access, browse, use, or make a purchase on Company’s website (https://831stories.com/) (the “Website”). Any use of the Website is conditioned upon your acceptance of all the policies and notices stated herein.  

 

PLEASE NOTE THAT THIS WEBSITE AND THE PRODUCTS MAY CONTAIN MATURE AND/OR SEXUALLY EXPLICIT CONTENT AND YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ENTER, USE, ENGAGE, OR MAKE ANY TYPE OF PURCHASE.

 

IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, OR IF ADULT CONTENT OFFENDS YOU, PLEASE EXIT NOW.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE USING OR MAKING A PURCHASE ON THE WEBSITE.

 

YOU MAY NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE TERMS OR ARE PROHIBITED FROM ACCESSING OR USING SUCH SERVICES BY APPLICABLE LAW.

 

Supplemental features or tools which may be added to the Website, shall also be subject to the Terms herein. Company reserves the right, in its sole discretion, to make modifications or replace any part of the Terms at any time by posting such updates directly on the Website and updating the “Last Updated” date. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to periodically review the Terms to stay informed on updates. You can review the most current version of the Terms directly on the Website at any time.

 

1. Personal Information and Purchase of Products

 

In order to make a purchase through the Website, you must provide your first and last name, payment and shipping information, and a valid email address (together your “Personal Information”). You will then receive an email confirmation from Company with the Products you purchased in your order, as well as email updates from Company regarding order updates. 

 

You represent and warrant that (a) the information that you provide to Company will be true, accurate, current, and complete; and (b) you will keep your Personal Information up to date. Company is not responsible for any errors made by you when entering your Personal Information or making a purchase through the Website.

 

You shall be responsible for (a) all activities that transpire on or with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of these Terms. It shall be your responsibility to notify Company immediately if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Company shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

 

2. General Conditions of Use

 

By agreeing to these Terms, you represent that you are at least eighteen (18) years of age or older.

 

You consent to receiving communications from Company, including but not limited to, emails, text messages, and/or calls regarding updates or related to, purchases, marketing, advertisements, or any other relevant information.

 

Company reserves the right to refuse access to the Website and the sale of Products to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time at its own discretion. Company reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Products from the Website.

 

You may not use the Website for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website and any Products for your own personal use only, and not for resale, export, publication, re-use, or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.

 

You agree not to make use of our Website or Products for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; (b) any threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity; or (c) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

 

3. Prices and Payments

 

The price charged for any Product will be the price listed on the Website or otherwise in effect at the time the order is placed and will be set out in an order confirmation. Customers may be subject to additional charges, which includes but is not limited to: currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Customer’s merchandise total.

 

Company accepts electronic payments through the Website via Shopify (the “Payment Method”). Company will not ship your order unless your Payment Method has been approved. If you do not pay an amount owed when due or your Payment Method continuously fails, Company may initiate collection procedures for any Products that were already shipped and/or delivered to you. You agree to pay any collection costs, including without limitation, any reasonable attorney’s fees.

 

Company may offer promotions, discounts, or sales on its Website, or, in its sole discretion, to certain Customers (“Promotions”). Promotions are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.

 

4. Cancellation of Orders; Refunds; Disputes

 

Company maintains a strict NO REFUND policy on any Products that have been purchased on the Website. Once a Product has been purchased, it cannot be cancelled unless item arrives damaged. Company requires Customers to provide a photo of the damaged item within forty-eight (48) hours of receipt, and item must not be worn, washed, or otherwise tampered with, and all original tags must be attached. Should Company, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

 

Company aims to respectfully respond to all questions, comments, and concerns regarding customer satisfaction and any related disputes. However, any issues regarding any dissatisfaction of the Products (including Products that have been damaged when received) shall be directed to the owner or brand and shall be governed by their terms and conditions. You understand that Company is a third-party e-commerce platform and is not responsible for any issues regarding dissatisfaction of the Products.

 

5. Shipping and Risk of Loss

 

Shipping Information. You must provide accurate and up-to-date shipping information so that Company can timely deliver the Products to you. If you provide us with a shipping address that is invalid or at a destination where Products cannot be securely accepted upon delivery, are solely responsible for any resulting loss, theft, or damage to the Products.

 

Risk of Loss. Risk of loss or damages of any kind to Products shall pass to Customer upon being delivered to a postal carrier such as FedEx SmartPost, USPS, or UPS. Company does not accept any liability for defects arising from processing after delivery.

 

Couriers. Company may engage third-party couriers (“Couriers”) to facilitate delivery. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Company. Company shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. Company highly recommends that you provide a secure location for delivery. Company does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Company does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a courier are solely between you and that courier. Company and its licensors shall have no liability, obligation, or responsibility for any interaction between you and any courier.

 

Export Law. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

 

6. Termination or Suspension

 

You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to the Website and Products at its sole discretion, for any reason, including but not limited to:

 

• any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

 

• by way of request from law enforcement or any other governmental agencies;

 

• the discontinuance, alteration, or material modification to the Website and/or Products, or any part thereof;

 

• any engagement by you in any fraudulent or illegal activities; and/or

 

• the non-payment of any associated fees that may be owed by you in connection with your purchases. Furthermore, you herein agree that all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to any termination of access to the Website or Products.

 

7. Accuracy, Completeness, and Timeliness of Information

 

Company shall not be held responsible if information made available on its Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk.

 

Company reserves the right to modify or update the information on the Website at any time but has no obligation to do so. You agree that it is your responsibility to monitor our Website for any changes that may occur. Company strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

8. Intellectual Property & Proprietary Rights

 

Company owns, solely and exclusively, all right, title, and interest in the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Website not granted expressly in the Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part.

 

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website and your use or purchase of the Products on any other website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

 

9. Ratings and Reviews

 

You may have the option to provide a review of the Website (“Feedback”). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company or other users of the Website. 

 

10. No Professional Advice

 

The information provided by Company does not, and is not intended to, constitute any type of medical or professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Products and the Website. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counselor, or other agent to you. 

 

Any advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with a trained and qualified professional.

 

11. Disclaimer of Warranties and Limitation of Liability

 

Non-Discrimination. For the avoidance of doubt, Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.

 

Data Privacy. Company does not intend to ever share your Personal Information with any third-party servers or platforms. You understand that the use of third-party servers or platforms may at times involve transmission of data over networks that are not owned, operated, or controlled by Company. Company is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.

 

THE USE OF THE WESBITE AND THE PRODUCTS ARE AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S PRODUCTS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE PRODUCTS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE THE PRODUCTS AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE.

 

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

 

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO

 

12. Arbitration and Disputes

 

Disputes. While Company may help facilitate the resolution of disputes, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of any Products; (b) the truth or accuracy of any listing descriptions, ratings, reviews, or other users; or (c) the performance or conduct of any third-party. You should always exercise due diligence and care when deciding whether to purchase any Product, or communicate and interact with other users, whether online or in person.

 

Release. You hereby release Company, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute you have with any third-party, whether it be at law or in equity that exist as of the date of these Terms.

 

Indemnification. By using the Website or Products, you agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third-party that is based on your use of the Products. 

 

Arbitration. If a controversy or claim should arise, you and Company (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.

 

Class Action Waiver. Any arbitration shall be conducted in each individual capacity only and not as a class action or other representative action. You expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

13. Notices

 

Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provide; or (b) by posting directly to the Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your email address current and review new notices.

 

To provide Company notice under the Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

 

14. Content Disputes

 

In the event of a dispute related to or stemming from any user generated content (a “Content Dispute”), you must contact Company via email.

 

We abide by the Digital Millennium Copyright Act (the “DMCA”) as it relates to online service providers, like us, being asked to remove material that allegedly violates another’s copyright. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company respects others’ intellectual property rights and further reserves the right to delete or disable content alleged to be infringing, and to terminate the User Accounts of repeat alleged infringers. In the event of a DMCA violation, please contact our Website Administrator containing the following information:

 

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

 

• identification of works or materials being infringed;

 

• identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

 

• your contact information as the reporter including address, telephone number and email address;

 

• a statement that you have a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and

 

• a statement made under penalty of perjury that the information provided is accurate and the reporting party is authorized to make the complaint on behalf of the copyright owner.

 

Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company counter notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Visit https://www.copyright.gov/ for additional details.

 

16. Miscellaneous

 

Third Party Content. The Website may contain links and references to other third-party service providers (“Third Party Content”). Company is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that Company endorses or accepts any responsibility or liability for the Third Party, or vice versa.

 

No Agency.  There is no agency, partnership, joint venture, employee-employer, or franchisor-

franchisee relationship between you and Company.

 

Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Company for the purpose of using the Website.

 

Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.

 

Severability. If any provision of the Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Waiver. The failure by Company to enforce any provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

 

Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

 

Compliance. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the United States of America Export Administration Act (“Export Laws”), each user states that such user is (a) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a Campaign is deemed to be in violation of export laws.

 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website, Products, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Entire Agreement. The Terms constitute the sole and entire agreement between you and the Company regarding the Website and Products, and your use thereof. The Terms supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

 

These Terms and Company’s will be deemed final on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of the Website and the Products.

 

If you have any questions, please contact Company directly through our Website or at: hello@831stories.com.

 

 

PRIVACY POLICY

 

Last Updated:

September 4, 2024

 

This Privacy Policy (“Privacy Policy”) sets out how 831 Stories Inc. (the “Company”) uses and protects any information that you (referred to as “you” or “your”) provide when accessing, browsing, or making a purchase through the website, https://831stories.com/ (the “Website”).

 

Company is committed to ensuring that your privacy is protected. You can be assured that any personal identifying information (hereinafter referred to as “Personal Information” and defined below) you provide when using the Website will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information Company may collect from you or that you may provide when using the Website and/or Services (as defined below), as well as its practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information.

 

1. PERSONAL INFORMATION

 

What Personal Information is Collected?

 

When browsing, entering, purchasing, or otherwise accessing the Website or engaging with the Company for any of its available services and/or products (together referred to as the “Services”); you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:

 

• Contact Information: name, e-mail, postal address, telephone number, or any other similar information.
• Identification and Demographics: date of birth, gender, interests, lifestyle information, photos, social media credentials, contacts, or referrals.
• Transactional: payment information, billing address, and certain Shopify account information.
• Customer Content: photos, videos, reviews, and other information you may submit, such as comments on the Website, other online forums, and social media platforms.
• Research and Feedback: reviews and comments that you send through the Website and social media platforms; by email, over the phone or by mail.
• Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.
• Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
• Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. Company will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.
• Social Media Information: if you interact through a Third-Party Platform (as described herein) or social media website using your social media credentials, depending on your social media settings, Company may have access to your information from that social network such as your name, e-mail address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other websites you follow.
• Additional Information: any additional information you provide either directly through the Website or through your participation, support request, interaction through its social media accounts, or any other communication.

When is Personal Information Collected?

 

Generally, you are not under any statutory or contractual obligation to provide Company any Personal Information; however, certain Personal Information may be automatically collected in order for you to use the Website and/or engage in any Services.

 

Company collects information from you when you browse or otherwise use the Website; contact or engage Company for its Services; fill out an online form; or otherwise enter any information on the Website or our social media platforms which may include, but are not limited to, Facebook, Instagram, Twitter, YouTube, Pinterest, Google, or other third party applications (together the “Third Party Platforms”).

 

How do you get my Consent?

 

When you provide any Personal Information on the Website, verify, or change your transactional details, complete a contact form, verify, or change your credit/debit card information, comment on a forum, or anything of the like, you are automatically consenting to collecting, storing, and using that information for your benefit and to improve Company’s offerings and your experience.

 

If Company asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to say no or otherwise decline by contacting Company directly.

 

How do I Withdraw my Consent?

 

If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting the Company directly. Company reserves the right to retain any information previously collected for the purposes of resolving any disputes, as well as for obtaining and/or analyzing its aggregated data analytics.

 

How is your Personal Information used?

 

Company may use such Personal Information in any of the following ways:

 

• To personalize your experience on the Website.
• To provide and implement the Services.
• To maintain and improve the Website and provide a seamless experience across all devices.
• To allow Company to better service you in responding to your service requests or other queries.
• To quickly process your transactions.
• To send emails regarding products, services, events, or subscriptions, as they become available.
• To investigate and help prevent security issues, abuse, or violations of law or the Terms.
• Displaying content you generate, such as video, audio, and comments on the Website or on Third Party Platforms.
• Compliance with laws, regulations, and ethical business conduct.

 

How is your Personal Information Protected?

 

Company takes the security of your Personal Information very seriously and implements a variety of security measures when you use the Website, engage Company for the Services, or otherwise provide your Personal Information. Your Personal Information is accessible only to a limited number of persons who have the authority to access it, including but not limited to, contractors or agents that Company may employ to perform tasks, fix bugs, and/or monitor the Website on its behalf.

 

Does Company Collect Information from Minors?

 

Company does not intend to, and does not knowingly, collect any data from individuals under the age of eighteen (18) years old. If Company learns that it has collected any such data without the supervision of a parent or legal guardian, Company will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that Company has collected from a child under the age of eighteen (18) without the supervision of a parent or legal guardian, please contact Company immediately.

 

How do I opt-out, remove, or modify any Personal Information I have provided?

 

You can request to have your Personal Information removed by contacting Company directly. Please note that Company may retain information about individual sales transactions in order to complete such transactions and for record keeping purposes.

 

Acceptance of Terms

 

Through the use of the Website, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of the Website and Services. Your continued use of the Website and Services, following the posting of any updates or changes to this Privacy Policy, shall indicate that you agree and accept such changes.

 

Communications To You; SMS, Emails, & Calls

You consent to receiving communications from Company, including but not limited to, emails, text messages, and/or calls regarding the Platform and/or Services, updates to the Platform, marketing, advertisements, and any other relevant information. You agree to provide true, accurate, and current personal information. Your engagement with the Platform may be shared with others in accordance with our Privacy Policy and these Terms.

Limitation of Liability

 

You acknowledge and agree that to the fullest extent allowed by applicable law, under no circumstances will you hold Company liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, that are caused or alleged to be caused in connection with your use of the Website, or your purchase of any Services. For clarity, under no circumstances will you hold Company liable for any damages caused by or related to the Website and/or your participation in the Services.

 

Does the Website use 'cookies'?

 

Yes, Company and its service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that Company or its service providers transfer to your computer's hard drive through your web browser (if you allow) and/or your device that enables Company or its service provider's systems to recognize your browser or device to capture and remember certain information. They are also used to help Company understand your preferences based on previous or current Website activity, which enables Company to provide you with improved services. The Website also uses cookies to help Company compile aggregate data about Website traffic and interaction so that Company can offer better experiences and services in the future.

 

Company and its third-party partners and vendors may use tracking technologies, such as cookies, pixels, and web beacons and collect and store information about you when you use or interact with the Website, marketing communications, advertising content and/or third-party websites, in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Website or third-party websites. They may also use Tracking Technologies to measure the effectiveness of advertisements, to personalize the advertising content, and to serve you advertisements that are relevant to your regional location. Company may also use information collected using third party cookies and beacons in its emails to deliver advertising when you visit third party websites.

 

You can opt-out of targeted advertising by visiting the following pages: 

 

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous

 

Cookies are used to:

 

• Understand and save your preferences for future visits; and
• Compile aggregate data about traffic and interactions to offer better experiences in the future. Company may also use trusted third-party service providers that track this information on its behalf.

 

You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or device settings. If you disable cookies, some features on the Website may be disabled. Disabling cookies may also affect your experience by decreasing the Website’s efficiency or causing it to not function properly.

 

Third party and other disclosures of your Personal Information

 

Company may share your non-private or Personal Information with other companies, advertisers, partners, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and other parties who assist in operating the Website, conducting its business, or otherwise servicing you. Similarly, if Company is involved in a merger, collaboration, or acquisition, your Personal Information may be transferred. However, Company will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy.

 

Company may also release your Personal Information under certain circumstances where Company believes release is appropriate to comply with the law, enforce its policies, and/or protect Company or others' rights, property, or safety. Company may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).

 

How is your Personal Information shared and disclosed?

 

Company may share and disclose your Personal Information for the following reasons:

 

• Customer Instructions: You can determine your own policy for the sharing and disclosure of your Personal Information and Company does not control how you choose to share or disclose your Personal Information. Company will share and disclose your Personal Information in accordance with your instructions and in compliance with applicable law.

 

• Compliance with Applicable Law: If Company receives a request for information, Company may disclose Personal Information if it reasonably believes disclosure is in accordance with or required by any applicable law, regulation, or legal process.

 

• To enforce our rights, prevent fraud, and for safety: To protect and defend the rights, property, or safety of Company or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

 

• Third Party and other disclosures of your Personal Information: Company may share your Personal Information with related Third-Party Platforms, companies, advertisers, social networks, service providers, research companies, search engines, law enforcement, and other parties who assist Company in operating the Website, conducting business, or otherwise servicing you.

 

Company may also release your Personal Information under certain circumstances when Company believes it is appropriate to comply with the law, enforce its policies, and/or protect Company or others' rights, property, or safety. Company may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).

 

• With consent: Company may share Personal Information when it has consent to do so.

 

Retention of your Personal Information

 

Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. Company will retain and use your Personal Information to the extent necessary to comply with its legal obligations (for example, if it is required to retain your data to comply with applicable laws), resolve disputes, complete audits, and/or enforce its legal agreements and policies.

 

Third Party Links

 

Occasionally, at its discretion, Company may include or offer third party advertisements or services on the Website. These third parties have separate and independent privacy policies. Therefore, Company has no responsibility or liability for the content and activities of these third parties. Nonetheless, Company seeks to protect the integrity of the Website and welcomes any feedback about these other third-party links.

 

Behavioral Advertising

Company may use your Personal Information to provide you with targeted advertisements or marketing communications Company believes may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

Newsletter Consent

 

You may receive a newsletter from Company due to being included in a specified list that Company uses to send direct contact about certain products, services and events. You may be included on this list if:

 

• You access our Website and have given your consent to the processing of your personal data and to the sending of the newsletter (“Express Consent”).
• You are a customer, supplier, journalist, publicist, news reporter, or other affiliate with Company. If you are within this category, you have provided implied consent as you have expressed an interest in our Company (“Implied Consent”). The use of your data for the purpose of sending our newsletter is based on Company’s legitimate interest in promoting projects, activities and events to those who are involved with Company.

 

1. INTERNATIONAL TRANSFERS

 

Company is headquartered in the United States; however, Company may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary to provide its Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Company takes steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. These measures include data transfer agreements. By providing Company with your Personal Information, you acknowledge and agree to any such transfer, storage, or use.

 

Some Services and Website functions can only be provided if Company has your Personal Information, therefore deletion of your Personal Information may result in termination of such Services or functions. Company will take reasonable steps to verify your identity, including authenticating you through your e-mail address. Company may require further documentation before granting access to your information.

 

• STATE SPECIFIC DATA POLICIES

 

Special Notice for California Residents

 

Company shall not market or advertise to minors specified products or services that minors are legally prohibited from buying. Company shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so. Under California's Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on the Website.

 

Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain information regarding Company’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact Company directly.

 

California Consumer Privacy Act (CCPA)

 

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

 

“Do Not Sell My Personal Information” (California Residents only)

 

California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.

 

Depending on how you use the Website, Company may share the following categories of information for such advertising which may be considered a sale (as defined by California law):

 

• Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.

 

If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so by contacting Company directly.

 

Third Parties’ List – Shine the Light (California Residents only)

 

California residents can also request a list of all the third parties to which Company has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Company will not accept requests by telephone, e-mail, or facsimile, and Company is not responsible for notices that are not labeled or sent properly, or that do not have complete information.

 

Special Notice for Nevada Residents

 

Nevada law requires Company to post the following: certain Nevada consumers may opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. 

 

Virginia Consumer Data Protection Act (Effective January 1, 2023)

 

Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give consumers the ability to access, control, and delete personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a usable format “to the extent technically feasible.”

 

Virginia consumers can opt out of targeted advertising, the sale of their personal data, or profiling those results in the business providing or denying “financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.”

 

Utah Consumer Privacy Act (Effective December 31, 2023)

 

The Utah Consumer Privacy Act (“UCPA”) provides Utah residents with the right to (a) confirm whether a controller is processing the consumer’s personal data and to access that personal data; (b) delete the consumer’s personal data that the consumer provided to the controller; and (c) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller.

 

The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of personal data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of personal data.

 

Connecticut Data Privacy Act (Effective July 1, 2023)

 

The Connecticut Data Privacy Act (“CTDPA”) defines “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.

 

Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.

 

Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the sharing of any Personal Data.

 

Colorado Privacy Act (Effective July 1, 2023)

 

Under the Colorado Privacy Act (“CPA”), “Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.

 

Under the CPA, businesses will need to provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Consumers are afforded the right to opt out of the processing of personal data for targeted advertising or for the sale of personal data and provides a “user-selected universal opt-out mechanism.”

 

Changes to this Privacy Policy

 

Company is constantly aiming to improve its Website and Services, so it may update or change this Privacy Policy from time to time. Company reserves the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting to the Website. If Company makes any material changes to this Privacy Policy, Company will notify you here.

 

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach Company directly using the contact information provided below:

 

831 Stories Inc.

 

Email: hello@831stories.com

 

 

DISCLAIMER

 

By engaging in any of 831 Stories, Inc.’s (the “Company”) offerings, including but not limited to, browsing and purchasing any clothing, books, electronic books, and audiobooks (the “Products”), by engaging in Company’s live entertainment and production events, podcasts, and online or retail store services (the “Services”), or by accessing the website, www.831stories.com, (the “Website”), you (referred to as “you” or “your”) hereby agree and accept all parts of this disclaimer (“Disclaimer”).

 

Company reserves the right to modify this Disclaimer, and such modifications shall be effective immediately upon the terms being uploaded on the Website. Company may not send separate information regarding such updates. You agree to periodically review the terms herein and Company shall presume that you have reviewed or are aware of the updated terms by virtue of your continuous access of the Website or usage of the Services and/or Products.

 

By using the Website, Services and/or Products, you acknowledge and agree to the following:

Sexually Explicit Content. This Website contains content that may include explicit sexual material. By proceeding, you confirm that:

1. You are at least 18 years of age (or the legal age of consent in your jurisdiction).
2. You understand that this content may be explicit in nature and is intended solely for adults.
3. You agree to access this material willingly and are not offended by adult content.

For Educational and Informational Purposes Only. The information available on the Website or provided through the Services and/or Products is for educational and informational purposes only and is made available to you as tools for your own individual use. You agree and understand that your use of the Website, Services and/or Products is at your own risk. The Website, Services and/or Products are being made available to you on an “as is” and “as available” basis without providing any warranties, guaranties, or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, or availability of the contents. You agree and understand that Company shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to any of the Services or Products. When accessing the Website or engaging in any of the Services and/or Products, whether virtually, in-person, by phone, email or otherwise, you acknowledge that Company is solely a third-party service business used for informational purposes.

 

Not Medical, Mental Health, or Religious Advice. The information provided on the Website or through any of the Services and/or Products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own medical provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), mental health provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Do not disregard or delay seeking professional medical, mental health, or religious advice because of information you have read on the Website or received from Company. Do not stop taking any medications without speaking to your own medical or mental health provider. If you have or suspect that you have a medical or mental health problem, contact your own medical or mental provider promptly immediately.

 

Medical Providers and Direct Consumer Relationship. Company does not control or interfere with the practice of medicine or mental health care by medical providers, each of whom is solely responsible for directing the medical care, mental health care, and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Company is not a medical provider, and that by using the Services and/or Products, you are not entering into a doctor-patient or any other health care provider-patient relationship with Company.

 

While you are not establishing a doctor-patient or other health care provider-patient relationship with Company, by using the Services and/or Products, you are establishing a direct customer relationship with Company, inclusive of any purchases made by you of non-prescription products or non-medical services which were sold or recommended by Company. In connection with such relationship, you may provide, or cause to be provided to Company on your behalf, certain personal information, including health information that is subject to use in accordance with the Company’s Terms and Privacy Policy.

 

Notice Regarding Your Financial Responsibility for Services. Company is not currently enrolled, associated, nor participating with any providers in any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health or mental health care services or supplies and, as such, neither you nor Company, any pharmacy, or medical providers may receive payment from such programs for the Services and/or Products provided to you by Company or the medical providers. By choosing to engage with Company, you are choosing to obtain the Services and/or Products on a personal basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any Services and/or Products provided to you.

 

You acknowledge and agree that (a) you are explicitly choosing to obtain the Services and/or Products outside of any federal or state healthcare program and you have sole financial responsibility for all Services and/or Products provided to you by or through Company, and (2) neither you nor Company, any pharmacy, or Medical Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of any Services and/or Products provided to you through Company.

 

Personal Responsibility. The Website, Services and Products aim to accurately represent the information provided. You acknowledge and agree that when you are using or engaging with the Company in any manner, your use is completely voluntary, and you are 100% solely and personally responsible for your results. You agree to use your own judgement and best effort before engaging with Company.

 

No Guarantees of Any Kind. Company’s role is to support and assist your goals, however, your success depends primarily on your own efforts, motivation, and commitment. Company does not guarantee that you will attain a particular physical or emotional result from the Services and/or Products. You understand and accept that results differ for each individual or group. Results may vary and are based on many factors; therefore, no guarantees are made to you. You are solely responsible for the success or failure of your individual, or group’s decisions or any other result of any kind that you may have because of the information presented to you through the Website, Services and/or Products.

 

Testimonials. Company may present real world experiences, testimonials, and insights about another individual’s experience for purposes of illustration only. The testimonials, examples, and/or photos used are of actual clients and results they personally achieved, or from individuals who can speak to Company’s character and/or to the quality of the Services and/or Products offered by Company. Each individual has approved these testimonials, examples, and photos for use by Company, but they are not intended to represent or guarantee that current or future individuals will achieve the same or similar results. Each of these unique stories and any reported results are the culmination of numerous variables, some of which Company cannot control.

Assumption of Risk. There may be unknown risks or circumstances that arise during your use of the Website Services and/or Products that are unforeseen and may affect Company’s work or your results. Company is not responsible for your personal choices or actions before, during, or after using the Website, Services, and/or Products. You agree and understand that any mention of any recommendation provided by or associated with Company is to be taken at your own risk, with no liability on Company’s part. You accept full responsibility for the consequences of your use, or any non-use of any information provided by Company or from any person acting on behalf of Company. Using the information provided is done at your own risk and Company is absolved of any liability or loss that you, your organization, business, or any other person may incur from your use or non-use of the information provided. 

 

Limitation of Liability.  Company will not be held liable or responsible in any manner for the information or products that you obtain, request, or receive through the Website, Services and/or Products. You acknowledge and agree to the fullest extent allowed by applicable law that under no circumstances and in no event will you hold Company or any affiliated representative liable to you, or to any other party, for any type of damages, including, but not limited to, direct, indirect, incidental, special, consequential, or equitable damages for any use of or any reliance on the Website, Services and/or Products. Company does not assume liability for any loss, damage, accidents, personal or business interruptions, injuries, or any type of loss or damage or otherwise, due to any act or default by Company or any affiliated representative or sub-contractor, or any person acting on behalf of Company. 

 

Risk of Injury. Company is not responsible for any injuries, damages, or losses that occur from engaging with the Services and/or Products. You are advised to exercise caution, follow safety guidelines, and use proper equipment to minimize risk of harm, if applicable. By engaging with the Services and/or Products, you acknowledge and accept the inherent risks involved and agree to hold Company harmless from all liabilities.  

 

Data Collection. When you access or use the Website, Company may need to collect, use, and otherwise process your information. Company strives to only collect the minimum amount of personal data that is needed. Company is committed to respecting your privacy and aims for full transparency on how it uses the collected information to comply with lawful or other legal purposes. Company may process communication data, customer data, user data, technical data, and/or marketing data to deliver the Website and its content. Company may also use such data to send certain marketing communications to you. Please review Company’s Privacy Policy for additional information.

 

Indemnification and Release of Claims. You hereby agree to fully and completely indemnify, release, and hold Company harmless from all liability, damages, claims, including, but not limited, to those related to lost profits, business or personal interruptions, personal injuries, accidents, misapplication of information or any type of loss or damage. You hereby agree to fully and completely indemnify and release Company from all causes of action, allegations, suits, claims, demands, in law or equity that may arise from any past, present, or future activity or that arises from your participation in, use or relation to the Website, Services and/or Products. When you access the Website or engage with the Services and/or Products, you agree that you are solely liable and responsible for any issues, errors, omissions, actions, or consequences resulting therefrom.

 

Errors and Omissions. Company takes vigilant efforts to ensure that the information conveyed on the Website or provided through the Services and/or Products are accurate, however, the information may inadvertently contain errors, including, but not limited to, technological errors or other inaccuracies. Company is not responsible for the opinions, views, or accuracy of facts referenced on or through the Website, Services, and/or Products.  

 

No Warranties. Company makes no express or implied representations or warranties of any kind, including, but not limited to, the operation of the Website, Services and/or Products, or information, content, and materials included therein, to the fullest extent permissible by applicable law. Company disclaims all warranties of merchantability and fitness for a particular purpose. Company will not be liable for any damages of any kind arising from the use of the Website, Services, and/or Products.
Affiliates. Company may from time to time promote or partner as an affiliate with other individuals or companies whose services or programs align with Company’s. For purposes of transparency, Company wants you to be aware that there may be circumstances where Company promotes or markets for partners and in exchange, will receive financial compensation in the form of affiliate fees and/or other forms of rewards. In these instances, note that Company is highly selective as to the people, programs, products, and services of whom promotions may involve. Additionally, any promotion or marketing does not serve as any form of endorsement by Company. You are required still to use your own judgement when using or purchasing any such affiliation program, product, or service that is appropriate for you as Company waives all liability as related to any of these affiliation programs that you may engage in.

 

No Endorsement. References or links incorporated on the Website, Services and/or Products to any other individual’s business or organization’s information, advice, products, services, or programs do not always constitute Company’s formal endorsement.

 

Contact Us. By using Company’s Website, Services and/or Products, you implicitly signify that you agree to all parts of this Disclaimer. If you have any further questions regarding this Disclaimer, please contact Company directly.