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Terms of Sale and Use
Updated: February, 9 2024
Introduction:
Welcome to the SONG COOPERATIVE family of products. Through our Songcoop.com website (“Website”) we provide products, services, and information (collectively, the “Services”). The Website is owned and operated by SONG COOPERATIVE, Inc., (“SONG COOPERATIVE”, “we”, “us” or “our”).
Your use of our Website, and the purchase of our products (“Products”), including but not limited to SongStock@ equity in songs, co-op,ownership members products and our Services (whether through our Website, SONG COOPERATIVE mobile app (“Mobile App”) phone, or other method) are governed by these Terms of Sale and Use, and by our privacy policy (as modified from time to time and which may be found on our privacy policy here, and which is incorporated by reference herein) (“Privacy Policy”) (collectively, these “Terms”). References to “User”, “Customer”, “you” or “your” mean you as a casual visitor, someone who has created a user account for receiving information from us, or as a customer. The Terms apply to you as applicable to the type of user you are.
IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR WEBSITE AND THE SALE, PURCHASE, AND USE OF OUR PRODUCTS AND SERVICES (WHETHER THROUGH OUR WEBSITE OR OTHER METHOD OF DELIVERY OR USE). BY CLICKING THE “I ACCEPT” OR “CHECKOUT” (OR SIMILAR CLICK-THROUGH) BOX, BY ACCESSING OR USING THE WEBSITE OR OUR SERVICES, OR PURCHASING OUR PRODUCTS OR SERVICES (WHETHER THROUGH OUR WEBSITE OR OTHER METHOD), YOU ARE ACCEPTING THESE TERMS AND AGREE THAT THESE TERMS AND OUR PRIVACY POLICY FORM A BINDING AGREEMENT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICES OR PURCHASE OR USE OUR PRODUCTS. IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Please carefully review these sections of these Terms for more information.
Changes to the Terms:
We regularly update and improve our Website, Products, and Services, and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website or our Products or Services, or purchase our Products or Services following any such change, you accept and agree to be bound by such modified Terms.
Customer Support:
At SONG COOPERATIVE, our goal is 100% customer satisfaction. We take pride in providing exceptional customer service and support. In the event you have a problem with your order, it is our objective to make sure you are satisfied. If you have any issues with your order, please contact our knowledgeable Customer Support team to resolve your issue. SONG COOPERATIVE’s Customer Support team is available to assist you with any questions. You can reach our Customer Support team by calling 1-877-860-7859, or via email at [email protected]. Please note: Our Customer Support representatives are not trained medical professionals and therefore cannot provide medical advice.
Shipping:
SONG COOPERATIVE ships to addresses in the continental United States only. We offer free shipping on all orders to all US addresses.
Products:
We reserve the right to change the prices for our Products, or to change or discontinue any Product, without prior notice. All prices are in U.S. dollars. We are not responsible for typographical errors.
You agree not to resell or offer for resale any of our Products (in original or other packaging, whether in whole or in part), or link to our Website for any purpose related to resale of our Products or Services, without our prior express written permission.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Services:
We offer to our customers SONG COOPERATIVE support services related to the SONG COOPERATIVE family of products and their experience with them. You can reach Customer Support at 1-887-860-7859 or sending an email to [email protected]. We have the right at our sole discretion to refuse to accept a customer for support services, or to discontinue services for any reason. We encourage feedback regarding our support services you may submit your comments by emailing us at [email protected]. SONG COOPERATIVE support services are subject to SONG COOPERATIVE’s Health Disclaimer, which is set forth below. Please see that section for further details.
Telephone Calls and Call Recording:
When you place an order with SONG COOPERATIVE, you will be asked to provide us with a telephone number where we can reach you. Your telephone number is required so that SONG COOPERATIVE can reach you with informational calls related to your orders. All calls to and from SONG COOPERATIVE may be monitored or recorded.
Sales Tax:
SONG COOPERATIVE is required to collect sales tax where applicable by law.
Payment Plans:
SONG COOPERATIVE may offers its customers the use of third-party payment solution providers, such as Shopify or Afterpay, and such third-party payment providers are not otherwise associated with SONG COOPERATIVE. You agree to and do hereby release SONG COOPERATIVE from any liability for actions or conduct of these third-party payment vendors. You further agree to hold SONG COOPERATIVE harmless for any liability to SONG COOPERATIVE as result of your use of such third-party payment vendor.
Promo Codes:
We occasionally offer sales which will have a promo code issued. Promo code purchases are valid only for a one-time use per customer and cannot be combined with any other offers or promotions, and are not valid on previously purchased product. Promo code coupons have no cash value, and may have an expiration date, and are void where prohibited or restricted by law. You are responsible for any applicable sales tax related to the use of a promo code coupon. The coupon offer is offered for a limited time and, for products, if product is available. We have the right to modify or cancel a coupon at any time. The coupon applies only to qualifying items displaying the coupon offer on the item detail page.
Return Policy and 30 Day Money Back Guarantee:
All SONG COOPERATIVE Products come with a 30-day money back guarantee. This money back guarantee is good for first time orders of a Product only and is limited to one return per customer per Product. The 30-day period begins on the day you receive the Product. If the Product you receive is damaged in shipping, you may return it for a full refund, or we will ship you a replacement Product.
Return Authorization Process: If you wish to make a return within the allotted timeframe, please send an email to [email protected], for a return authorization number and return instructions. It is important that you contact us before returning any Product to ensure that you are eligible for a refund; returned items that are not eligible for a refund will not be processed and replacement product will not be shipped (or refund given) back to you. We reserve the right to forfeit the guarantee if we suspect any abuse of our money back guarantee offer.
Please note: In order to receive a full refund, all items returned must be complete. For example, if you are returning a KneeCap™ therapeutic compression wrap, all instructions must be included in your return along with any remaining supplements or any unopened items. If your return package is missing items, you still may receive a partial refund. However, if nothing is returned, a refund will not be issued. Your return must be postmarked within the time allotted on the return authorizations instructions that are issued to you.
Please note: SONG COOPERATIVE does not pay for return shipping fees and does not refund any return shipping costs paid. Packages that are returned within the 30-day timeframe but without a return authorization number and/or packages refused by the customer at the time of delivery will have a return fee deducted from the refund. To ensure proper credit to your account, SONG COOPERATIVE recommends that you obtain tracking information on your return package. Please save your shipping receipt until your refund has been received. Refunds are processed within 7 – 10 business days of receipt. Shipping costs are nonrefundable. Credits may take 48-72 hours to appear in your account once they have been processed. This timeframe is determined by your financial institution. Please refer to your financial institution for questions regarding this time frame. SONG COOPERATIVE is not responsible for any bank or credit card fees that you may incur. Refunds issued by paper check will be sent via US mail. If you have further questions, please contact Customer Support by calling 1-877-860-7859 or send an email to [email protected].
If you purchased through an authorized third party such as Amazon, and are requesting a return, you must contact that entity for a return.
Address Changes and/or Order Cancellation Requests:
All orders are processed in our warehouse immediately after order placement and therefore requests for address changes and/or order cancellation may not always be accommodated. Order cancellation requests – if we are not able to accommodate your request to cancel an order, the standard return procedure as noted above should be followed in order to receive a refund. Please contact Customer Support by sending an email to [email protected] to arrange a new shipment.
Products Are Not for Resale:
Our Products are only sold directly by us or by us through our authorized online sales partner website on Amazon. The resale and/or repackaging of our Products is unauthorized, strictly prohibited and constitutes a breach of these Terms. Please be aware that there may be unauthorized resellers on Amazon or other internet sites that may attempt to resell our Products. Authorized offers for sale on Amazon.com are distinguished by the seller being identified as SONG COOPERATIVE, Inc. If any other seller name is listed, that offer for sale is not authorized by us. We will not be liable for any product or use thereof purchased from unauthorized sellers and we will not accept any returns and we will not be liable for any claims or damages of any kind arising out of or in any way related to your purchase or use of Products from any unauthorized sellers. If you have any question whether a seller is authorized, please contact us.
Content:
The content, information, designs, materials, functions and data included in and contained on our Website and other media (the “Content“), are protected by intellectual property and other laws. The Website and the selection and arrangement thereof, and the Products and Services marketed for sale on our Website and elsewhere are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Website. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are our property, or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Website will terminate any permissions granted herein and may violate applicable law.
By submitting any ideas, comments, suggestions or other information to us (through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means), including, but not limited to, those related to improvements to the Website or services related to the Website; (collectively, the “Feedback”), you agree that such Feedback shall be deemed to be, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial, or otherwise, without compensation or further notice to you, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback to us.
The Website may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content that you or other Users submit or post. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Website. You are solely responsible for any User Content that you create, transmit, or display while using the Website.
You agree to not submit, upload or post any User Content to the Website that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.
All User Content you post or submit for posting to the Website is deemed nonconfidential.
User Content License from You:
You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Services. When you post or submit for posting User Content to the Website, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Website or the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use of such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.
You agree that this License includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships for the provision of services, and to use such User Content in connection with the provision of those services.
You understand that we, in operating the Website and/or in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.
User Content Submission and Posting Guidelines:
You are responsible for all User Content that you submit to us. You may not submit or post User Content that:
Removal of User Content. We reserve the right (but have no obligation) to remove, block, edit, move, or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
You understand that your User Content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
DMCA Notice: If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:
Attn: Support/DMCAAddress: SONG COOPERATIVE, Inc., 36 Water St., Newburyport, MA 01950
Email: [email protected]
We have the right to terminate the user account of any user who submits User Content that violates our policies or submission guidelines.
Purchasing a Product:
When you purchase a product on our websites, you agree to provide accurate and complete information about yourself. In order to purchase a SONG COOPERATIVE product, you must do so in accordance with instructions throughout this Website. When you purchase a product, SONG COOPERATIVE will send emails regarding news, product information, and offers. You may opt out of these by selecting opt out on any electronic communication, calling customer service at 1-877-860-7859, or emailing us at [email protected].
You must be 18 or older to use the Website or purchase products. If you are under 18 you will need to use the assistance of a parent or legal guardian, who is at least 18 years of age.
Termination:
We reserve the right to stop providing the Website or the Service to you or access to the Website at any time for any reason and without prior notice. We reserve the right to delete data provided to us through the Website.
Disclaimer:
OTHER THAN AS EXPRESSLY STATED HEREIN OR IN ANY PACKAGE INSERTS ACCOMPANYING OUR PRODUCTS, THE PLAN, SERVICES, AND THE WEBSITE AND ITS CONTENT ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR RELATED TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Health Disclaimer:
SONG COOPERATIVE is not a medical organization. The SONG COOPERATIVE staff cannot give you medical advice or diagnosis. Nothing contained in our Website, in the materials provided by SONG COOPERATIVE, or the Services we provide, should be construed as a diagnosis or treatment. The information and reports generated by SONG COOPERATIVE should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. Our Website and Services are intended for use only by healthy adult individuals. It is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to utilizing any of our products. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Users.
You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. We expressly disclaim all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Users. You bear sole responsibility for your own health and diet research and decisions. Additionally, our Products are not intended for use by persons under 18 years of age unless expressly stated on the Product label, and then only under adult supervision.
Limitation of Liability:
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, ENHANCED, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THESE TERMS OR OUR BREACH THEREOF, OR YOUR USE OR INABILITY TO USE OUR PRODUCTS, SERVICES, OR WEBSITE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF ACCESS TO THE WEBSITE OR ANY OF OUR ONLINE SERVICES, THE USE OF THE WEBSITE, OR OUR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR OUR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE OUR CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO (A) OUR PRODUCTS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE PURCHASED FROM US, AND (B) OUR SERVICES SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE ISSUE GIVING RISE TO THE POTENTIAL LIABILITY, OR (C) THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE.
Exceptions by Some States on Non-Allowance of Exclusion:
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF YOU ARE A VISITOR TO OUR WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO PRODUCTS AND SERVICES USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
Indemnification:
By using the Website or the Service our purchasing or using our Products you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of our Products, Services or Website, or your posting or submission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
THE LIMITATION OF LIABILITY AND INDEMNIFICATION SECTIONS ABOVE APPLY TO YOUR USE OF OUR WEBSITE, AND THE PURCHASE AND USE OF OUR PRODUCTS AND SERVICES, WHETHER PURCHASED OR USED THROUGH OUR WEBSITE, BY PHONE, MAIL, OR OTHER METHOD.
Goods Not for Resale or Export:
You represent and warrant that you are buying products or services from us for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures:
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website and our Services; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
Disputes; Resolution:
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
Arbitration:
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification, or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we will go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or (b) your violation of our User Content Posting Guidelines.
Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Waiver of Jury Trial: Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Location of Operation: Our Website is operated in the State of Massachussetts, United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
General:
Governing Law. For all legal proceedings arising out of use of the Website, the Products, or our Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Massachusetts. Subject to the Arbitration clause set forth above, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Massachusetts, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties’ consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
Entire Agreement. These Terms, including, the Privacy Policy, and any other terms agreed to by way of your express consent or your use of our Website, your purchase or use of our Products, or Services shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
Waiver. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to us in your account data. Our address for notices is set forth below.
Contact Us. Our contact information is SONG COOPERATIVE,, New Zealand Rd. Seabrook, New Hampshire, Attn: Customer Support; Email: [email protected]; or Phone: 1-877-792-1056.
Effective Date: February 9, 2024
Version 1.0
Introduction and Scope
Song Cooperative (“SONG COOPERATIVE”, “we”, “us” or “our”) respects the privacy of our visitors, users, customers, and members (referred to as “you” or “your”). This privacy policy (and as amended from time to time as posted on our website) (“Privacy Policy”) describes the types of information we may or do collect from you or that you may provide when you visit or use our Songcoop.com website (“Website”), purchase or use our products (by any method), which also includes our mobile app (“Mobile App”) (“Products”), or use our services (“Services”), and our practices for collecting, using, maintaining, protecting, disclosing, retaining, and transferring that information. By “visitors” we mean visitors to our Website who are not yet customers, customers who purchase off our Website (or by other method) or download and use our Mobile App, as well as those who do not become customers; whether you upload information to our Website, download it, or are merely visiting our Website. By “customers” we mean the persons who purchase our Products or Services. This Privacy Policy applies to you as applicable to the category to which you belong. This Privacy Policy applies to the data collected by us, or those working on our behalf, through information you enter or from the data imported from authorized and approved sources. It does not apply to data collected through other websites, products, or services not approved by us.
Acknowledgement and Consent
By visiting our Website or by purchasing or using our Products or Services, you acknowledge that you accept the terms, practices and policies described in this Privacy Policy (and as updated from time to time), and you hereby consent that we may collect, use, and share your information as described herein. If you do not agree with our policies and practices, your choice is not to use our Website or our Products or Services. Your use of the Website and our Products and Services is at all times subject to our Terms of Use (available on our Terms of Use page here) and as updated from time to time (the “Terms”)), which incorporates this Privacy Policy. Any capitalized terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms.
What Information Does This Privacy Policy Cover?
This Privacy Policy covers our treatment of personally identifiable information. Such information is information which identifies, relates to, describes, or is reasonably capable of being associated or linked to a particular person, and may include name, mailing address, email address, telephone number, and other information (“Personal Information”). Please see additional information below on the information we collect. For this Privacy Policy the definition of “Personal Information” is the definition under the state, country, or other law applicable to the person whose data is collected; however, for California residents only, “Personal Information” shall have the definition as set forth in the California Privacy Rights Act of 2020 (“CPRA”). Please see the section below entitled “Privacy Notice for California Residents” for more information.
We may also collect Personal Information from you through means other than our Website. This may include offline collection, such as if you submit a paper application, make a payment by check, money order or other method, or call or visit our office. It may also include emails, text messages, or other electronic communications that you send to us separate from our Website or by way of our third party service providers. However, if we combine the Personal Information we collect from you outside of our Website with Personal Information that is collected through our Website or by another means as described above, the Privacy Policy will apply to the combined information, unless specifically disclosed otherwise.
Personal Information does not include your Personal Information that has been deidentified, pseudonymized, anonymized, aggregated, and/or otherwise processed so as to be unidentifiable in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (collectively, all of the foregoing in this sentence being referred to as “De-Identified Personal Information”).
Individuals under the Age of 18
We do not knowingly collect, solicit or maintain Personal Information from anyone under the age of 18 or knowingly allow such persons to register for our Services. If you are under 18, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. No one under age 18 should provide any Personal Information to us. In the event that we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns.
California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see the section below entitled “Privacy Notice for California Residents” for more information.
Changes to Our Privacy Policy
We are constantly working to improve our Website and Services, and we may need to change this Privacy Policy from time to time as well. Our current Privacy Policy will always be on our Website and any updates will be effective upon posting. You are responsible for periodically checking our Website for updates.
Please note that if you have opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Website, purchase Products, or use our Mobile App or Services after any changes to the Privacy Policy have been posted, that means you agree to the new Privacy Policy, including all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.
Personal Information We Collect
We collect several categories of Personal Information from and about you as summarized in the following table:
|
Category |
Specific Items of Personal Information |
|
Identifiers |
first and last name, user name (which may include first and last name), email address, postal address, unique personal identifier, e.g., device identifier (e.g., mobile device ID), IP address, customer/account name or number, phone number, cookies, beacons, pixel tags, mobile ad identifiers |
|
Demographic |
Gender, birth date, height, waist measurement, current and goal weight, goals |
|
Commercial Information |
products/services purchased, purchasing/consuming history or tendencies |
|
Internet or other electronic network activity |
browsing, session, interaction, and search history related to our Website |
|
Geolocation |
physical location |
|
Audio, electronic, visual, thermal, olfactory, or similar information |
voice recording |
|
Inferences drawn from any of the above to create a profile of a consumer |
a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
How We Collect Personal Information and from What Sources
Information You Provide Us. The Personal Information we collect through our Website, Mobile App, phone calls, texts, emails, mail, user Content posts and social media plugins (both as described below), or from our resellers, business partners, or service providers may include, but is not limited to:
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website or Mobile App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically is statistical data and may include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website, Mobile App, Products, and Services, and to deliver a better and more personalized service, including, but not limited to, by enabling us to: (a) estimate our audience/visitor size and usage patterns; (b) store information about your preferences, allowing us to customize and improve our Website and Mobile App; (c) speed up your searches; and/or, (d) recognize you when you return to our Website.
Cookie Notice/Policy
The technologies we use for this automatic data collection may include cookies, local storage cookies, web beacons, pixel tracking, GIF, and/or IP address. Each of these is discussed below.
Cookies (or browser cookies)
A cookie is a small file placed on the hard drive of your computer or mobile device. It may contain certain data, including, but not limited to: the name of the server that has placed it there, an identifier in the form of a unique number, and, an expiration date (some cookies only). Cookies are managed by the web browser on your computer or mobile device (e.g., Internet Explorer, Firefox, Safari, Google Chrome, etc.).
Different types of cookies which have different purposes are used on our Website.
Essential Cookies
These cookies are essential to allow you to browse our Website and use its functions. Without them, services such as shopping baskets and electronic invoicing would not be able to work.
Performance Cookies
These cookies collect information on the use of our Website, such as which pages are consulted most often. This information enables us to optimize our Website and simplify browsing. Performance cookies also enable our affiliates and partners to find out whether you have accessed one of our Websites from their site and whether your visit has led to the use or purchase of a product or Service from our Website, including the references for the product or Service purchased. These cookies do not collect any information which could be used to identify you. All the information collected is aggregated, and therefore anonymous.
Functionality Cookies
These cookies enable our Website to remember the choices you have made when browsing. For example, we can store your geographical location in a cookie so that the Website corresponding to your area is shown. We can also remember your preferences, such as the text size, font and other customizable aspects of the Website. Functionality cookies may also be able to keep track of the products or videos consulted to avoid repetition. The information collected by these cookies cannot be used to identify you and cannot monitor your browsing activity on sites which do not belong to us.
It is possible that you will come across third-party cookies on some pages of sites that are not under our control.
We also use cookies to implement tracking technology on our Website. This allows us to display advertising that is tailored to you on our Website which parts of our content interest you the most and which Service categories you request. This tracking uses De-Identified Personal Information data). We will not combine this data with your other Personal Information without your express permission. Some of our service providers are allowed to place cookies on our Website. Those companies may also provide you with the option of preventing the use of cookies in the future. For more information, contact the relevant third-party provider.
At any time, you can prevent the use of cookies in the future. You may activate the appropriate setting in your browser to refuse to accept browser cookies. However, if you do, your experience on our Website may be affected; e.g., you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Local Storage Cookies. Certain features of our Website may use local stored objects (or Adobe Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Local storage cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Pixel Tracking. In addition to using Cookies, the Website may employ “pixel tracking”, a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our products, services, and offers with your interests and needs. For example, if you visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought you to the Website. If you visit our Website, and we link you to another website, we may also be able to determine that you were sent to and/or transacted with a third-party website. This data is collected for use in our marketing, research, and other activities.
GIF. We may use tiny images known as clear GIFs to track behavior of users, including statistics on who opens our emails.
IP Address. Our servers (or those of our service providers) may automatically record certain log file information reported from your browser when you access the Website. These server logs may include information such as which pages of the Website you visited, your internet protocol (“IP”) address, browser type, and other information on how you interact with the Website. These log files are generally deleted periodically.
Information We Collect from Third Parties
We may collect information that others provide about you when you use the Website or Mobile App, or obtain information from other sources and combine that with information we collect through the Website and Mobile App.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website or Mobile App are served by third parties, including advertisers, ad networks and servers, content providers and application providers. First party or third-party cookies may be used alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website or Mobile App. A first-party cookie is a cookie set by the domain name that appears in the browser address bar. A third-party cookie is a cookie set by (and on) a domain name that is not the domain name that appears in the browser address bar. It might be set as part of a side resource load (image, JS, iframe, etc., from a different hostname) or an AJAX HTTP request to a third-party server. The information that first party and third-party cookies collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services (i.e., tracking such activities). They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Posting Content
You also may submit information, such as comments, reviews, testimonials, etc., to be published or displayed (“posted”) on public areas of the Website or Mobile App, or transmitted to other users of the Website or third parties (collectively, “Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website or Mobile App with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. By posting any Content you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed (“Right to Use”).
The Right to Use you grant us also extends to any Content that you have posted to our Facebook or other social media account pages, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc. The term “Use” includes, but is not limited to, use, reproduce, modify, publish, list information regarding, edit, delete, translate, distribute, publicly display, publicly perform, and make derivative works of the content.
If we permit you to post Content, by posting any Content, or submitting Content for posting, you agree to with the following “User Content Posting Guidelines”:
To the extent our Website or Mobile App contains areas where you can post or submit to be posted such as comments, product reviews, testimonials, etc., you agree to post or submit Content that is proper and related to the general theme of our business, Products, Services and the use thereof and results obtained. Content also includes that which you send to us by email, text, mail, or other means. You agree not to post any Content that:
You may not attempt to gain unauthorized access to our computer systems or those of any our service providers or third parties, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website, Mobile App, or our Services. We reserve the right, but do not undertake the obligation, to refuse to post or remove any posted Content for violation of these rules or for any other reason, to refuse to accept any future postings by you, or to cancel your membership.
DMCA Notice. If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”). In the case of an alleged infringement, please provide the following information:
Song Cooperative.
Attn: Support/DMCA
Address: 37 Water St., Newburyport, MA 01950
Email: [email protected]
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, for one or more of the following purposes:
We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Services and the use of the Mobile App; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and, (f) help you efficiently access your information after you sign in.
Social Media Plugins
We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Google+, LinkedIn, Xing, Twitter, Instagram, Tumblr, Pinterest and/or possibly other companies, into the Website or Mobile App. In order to register as a user with us, you may have the option to sign in using your Facebook or other social media site login.
For example, when you visit our Website, the plugin creates a direct connection between your browser and the Facebook server. This allows Facebook to receive information about your visit to our Website with your IP address. If you click the Facebook “Like” button while you are logged on to your Facebook account, you can link the contents of our Website to your Facebook profile. This allows Facebook to assign your visit to our Website to your user account. Please note that as provider of the Website, we receive no notification about the contents of the transmitted data or their use by Facebook. If you do not want Facebook to assign your visit to our Website to your Facebook user account, please log out of your Facebook user account.
If you do so, you authorize us to access certain social media site account information, such as your public social media profile (consistent with your privacy settings in the social media site), your email address, interests, likes, gender, birthday, education history, relationships, interests, current city, photos, personal description, friend list, and information about and photos of your social media site friends who might be common social media site friends with other users. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Privacy Policy. You can find the privacy policy for a platform on their website.
How We Disclose Your Personal Information
We may or do disclose your Personal Information, in whole or in part, to the following types of third parties, and for one or more the following purposes:
Disclosures to Service Providers: We may share your Personal Information with third parties for the purpose of providing or improving the Products and Services. We may share your Personal Information with third party service providers which perform services on our behalf (“Service Providers”). This includes, without limitation, Service Providers which provide services relating to: outbound and/or inbound communications, analyze data, credit checks, screening checks, collection services, marketing assistance, managing customer information, creating, hosting, and/or providing customer or support services on our behalf, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing search results and links (including paid listings and links), processing credit card payments, and software development. These Service Providers may have access to your Personal Information in order to provide these services to us or on our behalf. If we engage Service Providers for any of the foregoing, use of your Personal Information will be bound by obligations of confidentiality and their use of Personal Information will be restricted to providing their services to us. We may store Personal Information in locations outside our direct control (for instance, on servers or databases located or co-located with hosting Service Providers).
Event-Related Disclosures: From time to time, we may run contests, special offers, or other events or activities (“Events”), possibly together with a third party vendor. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use to which you consent. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with such third parties, you can choose not to participate in these Events.
Required Disclosures: Except as otherwise described in this Privacy Policy, we will not disclose your Personal Information to any third party unless required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe that such action is necessary to: (a) comply with the law, comply with legal process served on us or our affiliates, subsidiaries, contracted vendors, or affinity partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) enforce our Terms or customer agreement (including for billing and collection purposes); (c) take precautions against liability; (d) investigate and defend ourselves against any third-party claims or allegations; (e) assist government enforcement agencies or to meet national security requirements; (f) to protect the security or integrity of our Website, Mobile App, Products, and our Services; or, (g) exercise or protect the rights, property, or personal safety of us, our users or others.
We will attempt to notify you about these requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon us, our users, our Website, Mobile App, or our Services. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no risk scenarios described in this paragraph apply.
It is likely that the identity and categories of such third parties will change during the life of your account. We require that our third-party service providers only use your Personal Information as necessary to provide the requested services to us and each service provider is subject to a set of terms consistent with the applicable portions of this Privacy Policy.
We do not disclose or share your Personal Information with any third parties for which we receive any monetary or other valuable consideration. In other words, we do not sell your Personal Information, period.
Disclosure of De-Identified Personal Information: We may share De-Identified Personal Information with third parties for any purpose. De-Identified Personal Information or non-Personal Information may be aggregated for system administration and to monitor usage of the Website or Mobile App. It may be utilized to measure the number of visits to our Website, average time spent, number of pages viewed and to monitor various other Website statistics. This monitoring helps us evaluate how visitors use and navigate our Website and Mobile App so we can improve the content and experience. We may share De-Identified Personal Information or anonymous information (including, but not limited to, anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) with interested third parties in any way we choose and for any purpose. We may disclose, sell, rent, etc., your De-Identified Personal Information to third parties and we may receive valuable consideration for doing so.
Your Consent to Disclosure/Transfer of Your Personal Information: You consent to our disclosure of your Personal Information and other information to a potential or actual buyer of our company or other successor for the purpose of considering a merger, divestiture, restructuring, reorganization, dissolution, change in control, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or other court proceeding, in which Personal Information held by us is among the assets transferred. You agree to and do hereby consent to (and shall not object to) our assignment, conveyance, transfer, and/or license (whether by contract, merger or operation of law) of any or all of our rights to your Personal Information and your consents, in whole or in part, and other information, with or without notice to you and without your further consent.
Data Transfer/Access Outside of the United States
We have our headquarters in the United States. The Personal Information we or our service providers collect may be stored and processed in servers within or outside of the United States and wherever we and our service providers have facilities around the globe, and certain information may be accessible by persons or companies outside of the United States who provide services for us. As such, we and our service providers may transfer your Personal Information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take reasonable steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it.
If you are a resident of a country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your Personal Information out of the country in which you reside.
Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Your Personal Information is contained behind secured networks and a firewall and is only accessible by our personnel and by a limited number of service providers who have special access rights to our systems, and who are required to keep the information confidential. Our Website software is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Website safer.
Any payment transactions will be performed using our third party payment processors or gateways, who will use appropriate security procedures designed to protect your information.
Our agents, contractors, service providers, and partners who require access to your Personal Information in order to provide services to us or to you on our behalf are also required to keep the information confidential in a manner consistent with this Privacy Policy and are not permitted to disclose the information to third parties or use the information for any purpose other than to carry out the services they are performing for us, or as permitted pursuant to our agreement with them.
The safety and security of your information also depends on you. You should maintain good internet security practices. Where you have password-protected access to an account or certain parts of the Website or Services, or to the Mobile App, you are responsible for keeping this password confidential. You should not share your password with anyone. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or mobile device and browser by signing off after you have finished accessing your account. If your email account or Facebook account is compromised this could allow access to your account with us if you have given up those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. If you think that any of your accounts have been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. The information you share in public areas may be viewed by other users. We will never email you to ask for your password or other account login information. If you receive such an email, please send it to us so we can investigate.
Data Retention
The time periods for which we retain your Personal Information depend on the purposes for which we use it. We will keep your Personal Information for as long as your account is active, or as long as you are an account holder or user of our Services, as long as you use our Mobile App, or for as long as we have another business purpose to do so (such as, but not limited to, for business, tax, or legal purposes) and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration.
Following termination or deactivation of your user account, we may retain your profile information and all information posted to public areas of the Website or to the Mobile App. Following termination or deactivation of your user account, we may retain your Personal Information and other data, but will maintain it as confidential according to the Terms, this Privacy Policy, and as required by applicable law. We have the right to delete all of your Personal Information and other data after termination of your user account without notice to you.
We may retain De-Identified Personal Information for as long as we deem appropriate.
Even if you delete your account, keep in mind that the deletion by our Service Providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. We may retain De-Identified Personal Information for as long as we deem appropriate.
What Information You Can Access, Change, or Delete
Through your user account settings page, you may access and, in some cases, edit, or delete certain information you have provided to us, such as name and password, email address, address, user profile information, etc. The information that you can view, update, and delete may change as the Products, Website, Mobile App, Services or our practices change. If you have any questions about viewing or updating information we have on file about you, please contact us.
Privacy Notice for California Residents
The following in this section applies only to California residents.
California Online Privacy Protection Act (“CalOPPA”; Calif. Bus. & Prof. Code § 22575-22578:
CalOPPA applies only to companies which collect Personal Information of California residents.
How We Respond to Do Not Track Signals. CalOPPA requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, see www.donottrack.us. Because there currently isn’t an industry or legal standard recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take. Visitors can visit our Website anonymously by adjusting the settings in your browser.
Third-Party Behavioral Tracking. We do not allow third-party behavioral tracking of Personal Information, though we may use De-Identified Personal Information to track users’ click or browsing patterns.
California Consumer Privacy Act of 2018 (“CCPA”, available offsite on the California Legislature website here) and its successor, the California Privacy Rights Act of 2020 (available offsite in PDF form here): If you are a California resident (occasionally referred to as “Consumer”), California law provides you with additional rights regarding our use of your Personal Information. For purposes of this California Consumer Privacy Notice and only for California residents, the term Personal Information means “personal information” as defined under CCPA.
This “Privacy Notice for California Residents” section does not apply (at least until January 1, 2023) to the Personal Information of California residents that we collect:
California residents have the right to (a) access a copy of their Personal Information held by us, (b) request deletion of their Personal Information held by us, and (c) opt-out of the sale of their Personal Information (but which is inapplicable to us because we do not sell your Personal Information). These rights can be exercised by completing and submitting the webform available here.
The categories of your Personal Information we collect are listed above in the section entitled “Personal Information We Collect.” The purposes for which the categories of Personal Information are or may be used is described above in the section entitled “How We Use Your Information” and in other sections of this Privacy Policy.
No Sale of Personal Information
WE DO NOT SELL (AS THAT TERM IS DEFINED IN THE CCPA) YOUR PERSONAL INFORMATION, PERIOD.
Data Access and Portability Right
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:
Deletion Request Right
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies (as described below).
As permitted by CCPA we may delete your Personal Information by (a) permanently and completely erasing the Personal Information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Information; or, (c) aggregating the Personal Information.
We may deny your deletion request if retaining the information is necessary for us or our Service Provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by sending an email to us at [email protected], or call us at 1-877-860-7859. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You may also make a verifiable Consumer request on behalf of your minor child. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. The verifiable Consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.
Verification Process
Upon receiving a data access or deletion request from you we will send an email to you at the email address we have for you on file. The email will ask you to respond to verify you as the Consumer making the request. Upon receipt of your verification we will match your information to that which is in our file. Upon verification of your identity we will proceed to process your request (subject to the exceptions stated above).
Response Timing and Format
We will confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Please note that this right does not apply to business-to-business customers, employment applicants, or independent contractors to us, or if the disclosure of Personal Information is for purposes consistent with the California resident’s reasonable expectations, when considering the submission’s circumstances.
Non-Discrimination
We will not discriminate against you simply for your exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Notices; Opting Out
By providing us with your email address (including by “following,” “liking,” linking your account to our Website or Service or other services, etc., on a third party website or network), you consent to our using the email address to send you Product or Service-related notices by email, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity regarding our Products, Services, Website, and Mobile App to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, newsletters, additions or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your opt-out request or, where available, by clicking “unsubscribe” at the bottom of our e-newsletter. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Product or Service-related emails.
You can add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us. It is your responsibility to maintain your current email address with us.
Privacy Outside of the United States
If you are a citizen or resident of the UK, European Economic Area (“EEA”), Switzerland, or other regions with laws governing data collection and use that may differ from the laws in the United States, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. We may do so to process your information by staff operating outside these countries who works for us or for one of our service providers.
Contact Information
If you have any questions about this Privacy Policy, our privacy practices, or for any other purposes, please contact us: by email at [email protected]; or by phone at 1-877-792-1056
If you are trying to reach customer service regarding an order, please contact at [email protected] or call 1-877-792-105