Privacy Policy and Terms of Use

PRIVACY POLICY STATEMENT

This Website is operated by Old Harvest Way LLC (“we/our/us”). “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

WE TAKE PRECAUTIONS WITH USER INFORMATION AND PERSONAL DATA. We value our users and respect your privacy. We collect information about you through the Website in an effort to improve your online experience and to communicate with you about our products, services and promotions. Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with businesses with whom we work to help the Website function. This Privacy Policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.

By accessing this Website, you acknowledge this Website Privacy Policy and agree to be bound by the terms hereof and the Terms of Use set forth on the Website. If there is anything you do not understand please email any inquiry to [email protected]. If at any time you do not agree to this Privacy Policy, please do not use this Website.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1. Types of Personal Information Collected

We will ask you for certain kinds of personal information, such as your name, email address, street address, telephone number, and other information that identifies you as an individual (“Personal Information”) to provide the services you request.

When you send us an email or your fill out our contact form, you will be added to our email list. Whether or not you select this option, your Personal Information will never be shared with or sold to third parties. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at [email protected] and include your name and email address in the message, or click the “unsubscribe” button found at the bottom of the emails we send you.

2. Use of Your Personal Information

We use the Personal Information we collect for various purposes, including:

• to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
• to notify you of product recalls or provide other information concerning products you have purchased
• to improve our service, merchandise selections, customer service, and overall Website experience
• to communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, or other information that we believe may be of interest to you

3. Sharing Personal Information With Third Parties

3.1 We do not share, sell or trade your Personal Information with any third parties, except with your consent or as described herein. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.

3.2 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of this Website or the public.

3.3 We may also disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; and (g) provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.

3.4 In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.

3.5 Our Website may allow users to post comments and other content to our Website. Any Personal Information that you post to our Website will become public information and will be accessible by other users of the Website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to our Website.
4. Mobile Privacy
4.1 We offer mobile applications (commonly known as “apps”) and mobile-optimized experiences that allow you to use our services through your mobile device. All Personal Information collected by us via our mobile applications is protected by this Privacy Policy.
4.2 Although you do not have to provide your location information to us to use our mobile applications, some of our specific services may require a zip code to function. You may manually enter a zip code and we will save your zip code for future reference. Alternatively, when you download our mobile application, you may choose to allow it to obtain your precise location from your mobile device. In this case, we will determine your zip code from the precise location data received from your mobile device. We do not store precise location data; we only store the zip code associated with the location, which contains no Personal Information. We may also offer automatic (or “push”) notifications through our mobile applications. We will provide push notifications only to those users who opt-in to receive such notifications from us. If you have questions about location and notification privacy, please contact your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
4.3 In the future, we may offer updated or enhanced versions of our mobile applications that include additional features created by us or using third party functionality. Our mobile applications or the third party may automatically collect information about your precise location from your device, but only if you allow it.
5. Non-Personally Identifiable Information

5.1 Through your use of this Website, we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.

5.2 The Website may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather website statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website. The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Website as they move from page to page) to enable us to better serve our users by revealing which portions of the Website are the most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.

5.3 We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Website. Pixel tags help us analyze Users’ online behavior and measure the effectiveness of the Website and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.

5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to the Website. We do not otherwise track any information about your use of other websites.

5.5 Cookies, pixel tags, and/or other analytical tools in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

5.6 We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications, but no Personal Information is shared with them.

5.7 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.

5.8 We use Google Analytics in order to gather statistics on our Website. We will use the information gathered to improve the quality of our services. Google Analytics employs cookies to define user sessions, which allows for the collection of important data about how our visitors use our website. Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to our Website, and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior on our Website. According to Google, the data collected cannot be altered or retrieved by services from other domains. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information on Google Analytics, please visit Google’s website.

6. Your Security

6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email.

6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit through the Website, we cannot guarantee that such information will not be intercepted by third parties. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

7. Links to Other Websites

7.1 While visiting the Website, you may link to websites operated by third parties or you may have come to the Website using a link found in another website. In addition, we currently use third parties for our payment processing, and when you make a purchase, you will be directed to a third-party payment processor to complete your purchase. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website, including those of our payment processors. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities.

7.2 In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing Personal Information.

8. Opt-Out

You will receive emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

9. “Spoofing” And “Phishing”

A common Internet scam is known as “spoofing” or “phishing.” This occurs when you receive an email from what appears to be a legitimate source requesting Personal Information from you. Please be aware that we will not send you any emails requesting you to verify credit card, bank information, or any other Personal Information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email.

10. Children and Privacy

The Website is not meant for children, and we will not knowingly collect any Personal Information from children under the age of 13 without verified parental consent. We will remove from our files any Personal Information of anyone we discover to be under 13 years old.

11. Remarketing
11.1 This Website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous users who have not provided us with any Personal Information or completed a task on our Website, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely using cookie settings or permanently by using a browser plugin.
11.2 Other than through Google AdWords, we do not currently track our users over time and across third party websites to provide targeted advertising.
12. Your California Privacy Rights

12.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: [email protected]. Please allow 30 days for a response. We do not currently share any Personal Information with any third parties or corporate affiliates for direct marketing purposes
12.2 In addition, please note the following:
(a) Users can visit our Website anonymously;
(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering our Website;
(c) Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
(d) Users will be notified of any privacy policy changes on our Privacy Policy page;
(e) Users are able to change their Personal Information by emailing us or by calling us;
(f) Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not currently have the ability to recognize “Do Not Track” signals; thus, we may track, plant cookies, or use advertising even when a Do Not Track browser mechanism is in place; and [OR, if accurate, use this: We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place]; and
(g) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Website by third parties.
13. Disclosure for Legal Purposes

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

14. Non-Confidential Information

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

15. Assignment

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

16. Contact

If you have any questions about your privacy or security at the Website, please send an email to [email protected] and include your name and email address in the message. If you do not receive a response from us to any emails you send to us within 7 business days, please send us another email as your original email may not have been received.

DATE LAST MODIFIED: September 2018

TERMS OF USE

This website is operated by Old Harvest Way, LLC, the owner of The Pollan Family Table and Mostly Plants trademarks, logos and trade dress (“Marks”). “Website” means the website located at www.pollanfamilytable.com, any subsequent URL which may replace it, and all associated websites, URLs and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

By accessing this Website, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand, please email any inquiry to [email protected]. If at any time you do not agree to these Terms of Use, please do not use this Website.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

1. Intellectual Property Ownership and Use

1.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2 We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our Marks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

1.3 You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission.

1.4 All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Infringement Notice

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: [email protected].

2.2 In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated;

c. Information reasonably sufficient to locate the material in question on the Website;

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

4. Changes to Website or These Terms of Use

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Website.

4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. External Sites and Resources

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

6. Online Services

6.1 The Website contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Website (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

6.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to [email protected]. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

6.3 By using this Website, you agree that:

a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.

d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

6.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

6.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

6.6 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

6.7 If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

6.8 This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

7. Disclaimers

7.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

7.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

7.3 AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

8. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

9. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

10. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

11. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at [email protected].

12. Resolution Of Claims or Disputes.

12.1 We hope to make you a happy customer, and most customer concerns can be resolved quickly and to the customer’s satisfaction by e-mailing us at [email protected]. If, however, there is an issue that needs to be resolved, this Agreement describes how both of us will proceed. Any claim or dispute between you and us (or any of our affiliates) arising out of or relating in any way to the products we sell or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including but not limited to, complaints concerning unsolicited text messages, emails, and telemarketing calls.

12.2 We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

12.3 A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address: [email protected]. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, we further agree that any hearings may be held by telephone and that we will not seek attorney’s fees in the event we prevail. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses in any arbitration proceeding.

13. Miscellaneous

13.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.
13.2 These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of New York and the courts located in the City and County of New York will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

14. Contact Information

You may send us notices or communicate with us by email to [email protected]. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

DATE LAST MODIFIED September 2018