TERMS AND CONDITIONS

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY. 


The following terms ("Terms of Use") constitute an agreement between Blackmaven LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the "Website"), located at https://www.stauber.me & https://www.blackmaven.com/. Company, owner and operator of the Website, is a corporation formed under the laws of the state of Connecticut, United States. 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made. 


PURCHASE POLICIES 

On the Website, you may purchase courses teaching use of certain software programs that you complete at your own pace (the “Products”). 

You represent and warrant that if you are purchasing any Product from Company, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.


REGISTRATION & RESTRICTED ACCESS 

Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion. 

Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password ("User Account"). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use. 

When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to Company is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion. 

Company may disable your username and password at its sole discretion, refuse to register a user for the Products or use of the Website, remove, or edit any content contributed to the Website or Products or cancel any User Account. Company may, without notice, refuse access to its Website or Products, in whole or part, to any person that fails to comply with these Terms of Use. 

Company reserves the right to modify methods for registration and access levels of registered users from time to time. 


LICENSE FOR USE OF PRODUCTS 

All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to [email protected]. Company reserves the right to seek equitable and compensatory relief for any violation of this term.


GENERAL DISCLAIMER 

Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company. Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. 


BUSINESS INFORMATION DISCLAIMER 

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only. 


INCOME OR EARNINGS INFORMATION DISCLAIMER 

Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.


YOUR RESPONSIBILITY 

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website. 


USE OF THE WEBSITE 

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 


The following uses are not permitted: 

  • Republication of content from the Website or Products, unless content is specifically and expressly made available for republication; 
  • Sale, rental or sub-license of any content from the Website or Products; 
  • Reproduction or duplication of any content on the Website or in the Products for commercial purposes; 
  • Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification; 
  • Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included. Furthermore, you may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request. 
  • Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws. 


You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software. 

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company's express written permission. 

You must not use the Website or Products to transmit or send any unsolicited commercial communications. 

You must not use the Website or Products for any third-party marketing without Company's express written permission. 


INTELLECTUAL PROPERTY 

All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. 

Certain of the names, logos, and other materials displayed on the Website or in the Products constitute Company's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company's express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party's ownership of Company IP. 


REFUND POLICY

If within 14 days of your course purchase, you decide that our course isn't the perfect fit for you, we're happy to offer a full refund. Please note that refunds will be processed for the amount paid at the time of purchase, regardless of any subsequent exchange rate changes.


EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction. 


COPYRIGHT 

Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 


TRADEMARKS 

From time to time, the Website will legally utilize trademarks owned by third parties related to Company's services. These trademarks are the respective property of their owners. 


FTC DISCLOSURE 

From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC's requirements, all such advertisements on the Website or in the Products are clearly and conspicuously disclosed.

Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website or in the Products are those of 5 the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question. 


GRANT OF RIGHTS 

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company and Company’s sublicensees. 


CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS

Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. 


Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company's servers; or, (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party. 


Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content. 


COMMENT POLICY 

The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted: 

  • harassment directed toward any content creator or Company;
  • spam; 
  • hate speech; 
  • defamatory to Company or any third party; 
  • reference illegal acts; or, 
  • violate the legal rights of a third party. 

Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. 


LEGAL COMPLIANCE 

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.  


TAKEDOWN REQUESTS 

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours. 


COMMUNICATION 

If you send Company an email, register to use the Website or Products or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice. 


THIRD PARTIES 

The Website and Products may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website. 


Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or Products, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s Products or services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, Products, or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or Products, you expressly hold Company harmless from any and all liability in any dispute. 


CHILDREN'S INFORMATION 


The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 13 in its database, please contact Company immediately at [email protected] and we will use our best efforts to promptly remove such information from our records. 


NO WARRANTIES 

The Website and Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein.

Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 


LIMITATION OF LIABILITY 

TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 


INDEMNITY 

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder. 


ARBITRATION 

The Terms of Use will be governed and construed in accordance with the laws of the state of Connecticut without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Website, Products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Fairfield County, Connecticut. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, Products or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. 

PERSONAL INFORMATION 

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Company’s collection, use and disclosure of your Personal Information and Non-Personal Information.


MISCELLANEOUS PROVISIONS 

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision. 

The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. 

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company. 

The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company. 

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address. 


Last updated: August 2, 2024

PRIVACY POLICY

Last Updated: August 2, 2024

This is the Privacy Policy of Blackmaven LLC dba Failed Inc., which applies to the website located at  https://failedinc.com/ and associated websites, subdomains, mobile versions, applications and services (collectively, the “Services”), which are operated by Blackmaven LLC (“Company,” “we” or “us”).

Company is strongly committed to your right to privacy and to taking steps designed to secure your personal information. The intent of this policy is to fully disclose our privacy practices to you. We will use your information only in accordance with this Privacy Policy.

By using the Services, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time.  If you use the Services after we have published such changes, you will be agreeing to be bound by those changes.  If you do not agree to be bound by this Privacy Policy at any time, you should not use the Services.

1. Minors

Users must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to register with us. While individuals under the age of 18 (but not younger than 13) may use the Services, they must do so only with the consent and involvement of a parent or legal guardian, under such person’s account and otherwise subject to our Terms and Conditions. Company does not seek through its Services to gather personal information from or about persons under the age of 13 .  NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

2. Introduction

This Privacy Policy explains the following:

1. What information we collect about you and why;

2. How we use information about you;

3. How your information may be shared;

4. How we store and process information about you;

5. How long we will hold Personal Information about you;

6. How you can opt-out from receiving communications from us;

7. Cookies and our analysis tools;

8. Information over the Internet and other websites;

9. Links;

10. SMS Policy;

11. Legal disclaimer; 

12. Shine the Light law; and

13. How to contact us.


1. What information we collect about you and why

We may collect two types of information: information by which you may be personally identified, such as your name, email address, and telephone number (“Personal Information”), and information that is about you but individually does not identify you (“Non-Personal Information”). We collect this information directly from you when you provide it to us, or automatically as you navigate through the Services. Please note that we do not sell your Personal Information to anyone.

What Personal Information Do We Collect?

- When you use Company’s services. We collect Personal Information such as your name, email address, postal code, billing information and other information provided to Company when you create an account with us. We also acquire your Internet Protocol address (“IP address”) and/or mobile device identification, cookies and related tracking technologies, and website usage details, which certain jurisdictions consider to be Personal Information because this information could be used to identify an individual or device if combined with other identifying information.  This information helps us to improve our Services and deliver a better and more personalized service.

- Customer Service Inquiries. We may capture Personal Information when you send us questions or comments regarding the Services and other inquiries. Information collected in this manner will only be used to contact you and/or respond to your inquiry/issue. 

- Payment Information. All transactions are facilitated by a third-party payment processor. We do not collect or store financial or billing information and we are not responsible for the collection or storage of such information by third-parties.

- Third-Parties. We may also obtain Personal Information about you through third-party sources such as public databases, social media platforms and or affiliates.

- Careers and Internship Opportunities. When you submit your resume via email, we may keep a record of your contact information and resume. We may use such information to respond to you.

- Press and Media. We may capture your Personal Information when you contact us about press inquiries or opportunities to collaborate with us.

- We do not request on or through the Services other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), or government-issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your billing information.

- We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry-recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.

 

What Non-Personal Information Do We Collect?

Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered Personal Information when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.

 If your Personal Information changes, or if you no longer choose to use the Services, you can contact us via email at [email protected] to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

 

2. How we use information about you

 We may use the Personal Information we collect in the following ways:

- to provide our Services;

 - to provide you with updates and relevant information about the Services, offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from you to receive marketing emails or similar communications. If you would no longer like to receive promotional emails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;

 - to quickly process your requests for information and to allow us to respond efficiently to user questions;

 - to monitor the statistics in connection with the Services;

 - to respond to or satisfy legal requirements, such as a court order, a subpoena or a law enforcement agency’s or other public agency’s request;

 - to access third-party services if you connect your account with such third-party services;

 - to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability;

 - to provide information to service providers or such companies who provide support for the operations of the Services and who do not use or disclose the information for any other purpose; and

 - to allow us to disclose your information to the extent permitted by law.

 3. How your information may be shared:

 Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ Personal Information unless we receive their consent. That being said, in the following situations, we may share Personal Information with outside parties:

 - Partners, Consultants and Service Providers. We may disclose Personal Information to our partners, third-party consultants and service providers to the extent that they require access to our databases, or the information contained in our databases, to service us;

 - Third-Party Service Providers. Functionalities (called plugins) of different social networks operated by third-party providers (Facebook, LinkedIn, Google) are integrated with our Services and allow you to connect your accounts with the Services. Should you connect your social network account(s) with the Services, Personal Information may be communicated to the third-party providers. Company has no control over the transmission of Personal Information to the third-party providers and takes no responsibility for any processing of your Personal Information by these third-party providers. Please refer to the privacy policies of these third-party services before connecting your social network accounts with the Services.

 - Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other user agreements;

 - Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;

 - To Help Protect Minor Users of the Services. In the event that the safety of our users is threatened, and we are able to do something about that by sharing Personal Information with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability;

 - Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;

 - For any other purpose disclosed by us when you provide the information;

 - With your express consent.

In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity.

In addition, Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

 4. How we store and process information about you

The Services are provided in the United States. To communicate with you about offers and opportunities, the information that we collect from you may be transferred to, stored, used and processed by Company in the United States or one of our service providers based in the United States or outside of the United States.  Such entities may be engaged in, among other things: (i) preparing and sending notifications; (ii) the processing of payment details; and (iii) the provision of support services.

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union.  By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy.  When you provide Personal Information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Services are offered from the United States.  We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF OUR SERVICES.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

5. How long we will hold Personal Information about you

We will hold Personal Information about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration, once an account is deleted, we will not use the Personal Information about you other than for administrative purposes.

6. How you can opt-out from receiving communications from us

If you do not wish to have your information used by Company to promote our products or Services or share other relevant information, you can opt-out by clicking on the “Unsubscribe” link located on the bottom of any Company marketing newsletter and following the instructions found on the page to which the link takes you, or by sending us an email stating your request [email protected]. We will endeavor to comply with your request as soon as reasonably practicable. This opt out does not apply to information provided to us as a result of a product purchase.

7. Cookies and our analysis tools

We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Services, and to and enhance certain activities available via the Services. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the Services. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Services, or any part thereof, may be impaired or unavailable.

We use one or more third-party analytics services to evaluate your use of the Services, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections you visit, number of links clicked, search terms and other similar usage data), and to analyze performance metrics.

8. Information over the Internet and other websites

The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure.  If you provide us with information over the Internet, this will be at your own risk.  By using the Services, you agree and authorize us to process information in this way.  However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.

9. Links 

The Services may contain links to third-party websites or pages, such as TikTok, LinkedIn, Instagram or Youtube. Such third-party websites and pages do not operate under this Privacy Policy. We do not exercise control over or take any responsibility for third-party websites and therefore recommend that you examine the privacy policies posted on these other websites and pages to understand their policies and practices relating to the collection, use, and disclosure of Personal Information. 

10. SMS Policy

If you opt-in to receive SMS messaging, please note the following:

  • You may cancel the SMS service at any time by texting "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again;
  • If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected];
  • Carriers are not liable for delayed or undelivered messages;
  • As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

11. Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control with respect to the terms herein. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee, nor do we represent that our Services will be error-free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your Personal Information.

12. Shine the Light law

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, which allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, Personal Information submitted at the time of registration or submission will not be shared with third parties. If our policy changes, Personal Information will only be used for marketing and promotional purposes with your permission; and whenever a user agrees to allow us to collect Personal Information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to [email protected].

Because we include a comprehensive privacy policy and provide you with details on how you may opt-in or opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

13. How to contact us

For all general, customer service, legal, or press-related inquiries, or if you have any questions about this Privacy Policy, please contact us at [email protected].