Thank You for purchasing the Accelerated Unshakable Wealth (“Program”) Larilu, LLC (hereinafter referred to as “Company” or “We” or “Us” or “Our”). All sales are final for this course/membership. By clicking “I Agree,” “Buy Now,” “Complete Order,” "Pay Now," "Submit Payment,"or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) indicate that you have read and understood this Agreement and You will be bound by its Terms and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”).
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE & DISCLAIMER BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.UNSHAKABLEWEALTH.COM. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
By purchasing any product You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, PURCHASING OR SUBSCRIBING OR PLACING AN ORDER FOR ANY DIGITAL OR PHYSICAL PRODUCTS ON ANY WEBSITES CREATED & OWNED BY THE COMPANY. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 8, 13, and 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of Company sites www.unshakablewealth.com (hereafter “Websites”), which is owned and maintained by Larilu, LLC (“Company,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Websites, including all information, tools, and services available from the Websites to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Websites, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Websites in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND THE COMPANY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITES AND THE SERVICES PROVIDED BY THE COMPANY, ANY ORDER YOU PLACE THROUGH THE WEBSITES, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITES.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14.
Company reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at our Websites under Terms & Conditions. Use of the Websites after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Websites shall also be subject to the Terms.
SECTION 1 – WEBSITES USE
The Websites is intended for adults. If you use the Websites, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITES USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Websites are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Company trademark and logo are proprietary marks of Company, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Company.
Subject to your continued strict compliance with all Terms, Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Websites. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Company software over the Websites, Company provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Company; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Company; and (5) in the event of any permitted copying (e.g., from the Websites to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Websites or any software provided by Company, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Company. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Websites or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Company’ reputation; hacking and other digital or physical attacks on the Websites; and the violation of the rights of Company or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Company’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any Websites operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any Websites, software, or other electronic service hosted, provided by or connected to Company, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL ACTIVITY. Any promotion of illegal activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, Company requires you to follow these best practices when sending electronic communications:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., firstname.lastname@example.org or email@example.com).
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Company or otherwise.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Company user, you will be required to create an account with Company. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Company user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Company’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Company user account or enhanced pricing for your Company user account, at Company’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Company under your user account. You agree to immediately notify Company of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Company is not liable, and you will hold Company harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 17 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at firstname.lastname@example.org in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
PLEASE NOTE THE ACCELERATED UNSHAKABLE WEALTH MEMBERSHIP IS AN ANNUAL MEMBERSHIP AND YOUR CARD WILL BE CHARGED 12 MONTHS AFTER YOUR ORIGINAL DATE OF PURCHASE. CURRENTLY WE DON'T OFFER A MONTHLY SUBSCRIPTION PAYMENT, IF A MONTHLY SUBSCRIPTION PAYMENT OPTION IS OFFERED THE ACCELERATED UNSHAKABLE WEALTH MEMBERSHIP HAS A 3 MONTH MINIMUM ON THE MONTHLY PAYMENT OPTION. YOU CAN CANCEL YOUR MEMBERSHIP EASILY AT ANY TIME BEFORE RENEWAL BUT YOU MUST GIVE 30 DAYS CANCELLATION NOTICE BY EMAIL TO SUPPORT@UNSHAKABLEWEALTH.COM TO BE CANCELLED ON THE NEXT PAYMENT CYCLE. ACCELERATED UNSHAKABLE WEALTH MEMBERSHIP MIGHT BE OCCASIONALLY OFFERED THROUGH A 12-MONTH PAYMENT PLAN, IF STUDENT CHOOSES THIS PAYMENT OPTION, ALL PAYMENTS MUST BE MADE AND THE STUDENT IS RESPOSIBLE FOR THE FULL PROGRAM AMOUNT, EVEN IF THE STUDENT CANCELS BEFORE THE 12 MONTHS.
SECTION 6 – REFUNDS POLICY
1. The Company believes in its product and also believes the methods work, but only if the Client is dedicated to the process. Nevertheless, the Company offers a conditional 14-day refund under the following circumstances:
In the event Client desires a refund, Client must contact the support team at email@example.com within the first fourteen (14) days from the date the program was purchased. Within this 14 day window, a representative from the Company will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a the Comapny customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the Company team and within the companye’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement fourteen (14) days after cancellation of Program in the same manner in which payment was made, less a $0 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full Accelerated Unshakable Wealth course, Client has no further recourse regarding refunds.
If Client requests a refund and does not include all required coursework within fourteen (14) days of enrollment, Client’s refund will not be accepted. All refunds are under the sole discretion of the Company. We are about honesty, fairness, and customer satisfaction.
Example of No Refund. An example of a situation where we wouldn’t grant a refund is if a student doesn’t put in any effort, doesn’t try at our courses/modules/lessons, doesn’t take full responsibility for their own success, and then asks for their money back. We also do not offer refunds for the following: (1) attempts to use the refund policy as a way to opt-out of any existing financial obligation and/or payment plan already committed to us upon signing up for our program, (2) change of personal direction after purchasing the course, and/or (3) inability to complete the program.
Example of Granted Refund. An example of a situation where Company would give a refund is if Client completes the entire course, tries their best, shares with us what they learned, and then provides an objectively fair reason why Client wants their money back. This means Company expects the following documents and tasks to completed before requesting a refund:
Proof of a worksheet completion rate of at least 60%;
Proof of active participation, initiative, and responsiveness in the private AUW student Facebook and/or Slack and/or Discord community;
A progress rate of at least 60% within the Kartra member’s portal;
Screenshots and proof that Client has made an effort to ask questions when experiencing challenges during the program;
A minimum one-page write up on the top 3 lessons Client learned from the program and a fair reason for why Client thinks the program didn’t work for Client’s particular needs.
Disclaimer: Due to the digital nature of our course, Company does not offer refunds for those who do not do their due diligence to ensure the program is the right fit for them. It is the Client’s responsibility to carefully review our sales page and terms and conditions before purchasing, using, or accessing any of our products and Program. Please note, we do not offer partial refunds for our programs and our exclusive optional Add-On Bonuses are non-refundable under any circumstances. Company follows a refund, as outlined above.
2. Client understands he/she will be forfeiting any and all access to Program and benefits if refund is issued, including but not limited to Facebook and/or Slack and/or Discord access, group calls, modules, and all other information included within Program.
3. Due to the subjective nature of the Program provided by The Company, and The Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, The Company is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if Accelerated Unshakable Wealth is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.
THE MEMBERSHIP HAS A 3 MONTH MINIMUM ON THE MONTHLY PAYMENT OPTION. YOU MUST GIVE 30 DAYS CANCELLATION NOTICE BY EMAIL TO SUPPORT@UNSHAKABLEWEALTH.COM TO BE CANCELLED ON THE NEXT PAYMENT CYCLE.
The 14-Day Money Back Guarantee begins on the date the purchase was made.
4. You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will contact the Company to resolve the issue. We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as $99. You agree that you will pay any outstanding balance you have with the Company within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $120 (whichever is higher) will be added to the amount that you owe. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the chargeback dispute.
The Company will periodically make updates to the core programs, and you will have access to updated materials for as long as the Company continues to offer the Program Area to its customers, which is what is referred to as “Lifetime Access” in our marketing materials.
SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITES
Products, services, and prices are generally posted on our websites, but are subject to change:
At times, Company may also offer services, such as its Coaching program which will be described when offered but nonetheless governed by this Agreement and these Terms. Company reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Websites, you authorize Company to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Company services, and unless you terminate your subscription as provided herein, you agree that Company may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Company takes reasonable steps in an effort to ensure that the prices set forth on the Websites are correct, and to accurately describe and display the items available on the Websites. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Company does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final. Company’ descriptions of, or references to, products or services not owned by Company are not intended to imply endorsement of that product or service, or constitute a warranty by Company.
SECTION 8 – DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY
A. Websites- The material appearing on every website under Larilu, LLC (“this Site”), is provided as either information about events, people, the Program or stories & is a platform for online connection and community. The Company, owners and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.
B. No Guarantees- Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses/memberships, such as Program, or any of our free offers. Client understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional practices. Through the Program, the Company might provide guidance regarding wealth decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company, owners, employees, directors or anyone associated with the Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with lucrative wealth. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.
Ultimately, we will not be responsible or make any promises for what will happen in your life and business. Even if you’ve worked with us as a client before and achieved certain results, we make no guarantee that they will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make you any specific amount of money, and it is possible that you will not earn your investment back. We do not sell wealth opportunity, “get rich quick” program, guaranteed system, franchise system, or wealth in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, Larisa Olteanu is not a CPA, attorney, insurance, tax or financial advisor and the information, courses, memberships, website content, videos shall not be construed as tax, legal, insurance, or financial advice. If you need such advice, please contact a qualified CPA, attorney, insurance agent, or financial advisor. Linked items may create a financial benefit for Larilu, LLC. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 9 – YOUR RESPONSIBILITIES
You represent and warrant that you are in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Company’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Company if any investigation or lawsuit is threatened or filed against you, whereupon Company shall have the right to terminate this Agreement without liability. Company shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 10 below). Company shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Company as set out in Section 17 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Company as a result.
SECTION 10 – COMMISSIONS PROGRAM AND INDEPENDENT COMPANY AFFILIATE PROGRAM
Company may offer you an opportunity to become an independent Company Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Company accounts that you sell to other users. Company reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Company Affiliate Agreement.
For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Company. Affiliates have no authority to act on behalf of or bind Company. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 14 and 16 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Company and each Affiliate.
Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 12 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Company.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.
SECTION 11 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Company is pleased to hear from users and customers and welcomes your comments regarding our services and products. Company may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Company’ services or products, in printed and online media, as Company determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and/or your business may have using our services or products. As set forth above in Section 8, your business’ results will vary depending upon a variety of factors unique to you, your personal financial situation, your business and market forces beyond Company’ control. Note that testimonials,
photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Company a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company that reference the Company or the program, and to identify you as a member of the program by name, email address, or screen name, for any purposes, including commercial purposes and advertising. Company shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 12 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a Company user and/or Affiliate, whether or not you display the Company’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Company from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Company relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Company. You further understand and agree that Company has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
Company DOES NOT WARRANT THAT ANY COMPANY MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITES. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITES OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITES, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (F) THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Company, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Company for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 14 – LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL COMPANY’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF TWO (2) TIMES THE PAYMENTS PAID BY YOU TO COMPANY FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST COMPANY OCCURRED OR ONE-HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Company agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Company expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 16 – COMPANY’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Company or a third-party, Company shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Williamson County, Texas restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Company from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Williamson County, Texas for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Websites, software, products, or services, (2) information you submit or transmit through the Websites, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Websites infringes any copyright you own, you or your agent may send Company a notice requesting that Company remove the materials or content from the Websites.
SECTION 19 – THIRD-PARTY LINKS
SECTION 20 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Websites, respond to a request for information, begin installing, accessing, or using the Websites, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Company or otherwise, we may terminate the Agreement or suspend your access to the Websites at any time without notice to you. Sections 8, 9, 10, 15 through 11, and 20 through 29 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Company.
Upon termination, you remain responsible for any outstanding payments to Company.
SECTION 21 – NO WAIVER
No failure or delay on the part of Company in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Company.
SECTION 22 – GOVERNING LAW AND VENUE
SECTION 23 – FORCE MAJEURE
Company will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 24 – ASSIGNMENT
Company may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Company’ (or its assigns’) express written consent.
SECTION 25 – ELECTRONIC SIGNATURE
All information communicated on the Websites is considered an electronic communication. When you communicate with Company through or on the Websites or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 26 – CHANGES TO THE AGREEMENT
SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Websites; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Websites. You further represent that Company has the right to rely upon all information provided to Company by you, and Company may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Websites.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Company of the same within 24 hours. Company, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Company without incurring any obligation or liability to you.
SECTION 28 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 29 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Websites or in respect to the Websites constitutes the entire agreement and understanding between you and your business and Company and governs your access to and use of the Websites and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Company. We may also, in the future, offer new services and/or features through the Websites. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Websites. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 30 - NON-DISPARAGEMENT
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
SECTION 31 - CONSENT
SECTION 32 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to firstname.lastname@example.org
If you have any questions or inquiries concerning any of the Terms, you may contact Company by email at email@example.com
Terms & Conditions
WEBSITE TERMS & CONDITIONS AGREEMENT
Larilu, LLC (“Company”) welcomes you. Please READ carefully. Your access and use of this Site (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.
The material appearing all of our websites (“this Site”), is provided as either information about Company’s events, people, courses & trainings (“the Program”) and stories as a platform for online connection and community. The owner of this Site (Company) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
This page highlights some of the key elements of our online privacy statement. Both this page and our online privacy statement apply to all online and mobile resources published by Larilu, LLC (hereinafter referred to as “Websites”). For more information, please read our complete online privacy statement with our Terms of Service.
There are two types of information that we obtain from you online and then store and use:
non-personal information that’s collected automatically from each visitor, such as your device operating system; and
personal information that you voluntarily provide to us or that is collected automatically.
Uses of Information
We use non-personal information to administer our online and mobile resources, make them better, and to make business decisions about what programs our customers might like.
We use voluntarily provided personal information to respond to your inquiries and provide you with the services you have requested, amongst other uses as further described below. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we disclose your information when required by law.
You do not have to provide personal information to enjoy most of the features of our online and mobile resources. You also can opt out of certain activities like newsletters and announcements by using the unsubscribe link in the email or via the online and mobile resources. You can also access, amend, or delete the personal information we have collected about you by contacting us using the contact information listed in this privacy statement.
Notice of Privacy Rights
Certain of our business activities in California implicate obligations under the California Consumer Privacy Act. We comply with those obligations by, among other things, providing certain notices which you can learn more about these notices below.
Questions about this highlights page or our online privacy statement may be sent to:
COMPANY ONLINE PRIVACY STATEMENT
Thank you for visiting our online and mobile resources, and for viewing this privacy statement. We use this statement to tell you about the types of information we collect when you visit any Company owned online and mobile resources that link to this statement. More specifically, this statement tells you:
the types of information we collect and how we collect it;
the ways in which we use, share, and protect that information;
the choices you have in controlling the collection of your information; and
your ability to access and update your information.
By using our online and mobile resources, you are signifying to us that you agree with this privacy statement and that we may use and disclose your information in the manner it describes. Although our online and mobile resources may contain links to other websites controlled by third parties, you should be aware that we are not responsible for the privacy practices of those, or any other, sites or online resources. If you have questions about how those sites collect and use data, you should carefully read their privacy policies.
This privacy statement is effective January 1, 2022.
Some Important Vocabulary
This privacy statement is a legal document, so clarity is important. We’ll use this section to let you know about some words that have special meanings whenever you see them in this statement. Let’s start with the word “statement” itself: when we reference “this statement”, “this privacy statement”, and “our statement”, we mean this Company online privacy statement you are reading now. Wherever we say “Larilu, LLC”, or “we”, “us”, or “our”, we mean “Company”. We use the words “you” and “your” to mean you, the reader, and other visitors to our online and mobile resources who are, in all cases, over the age of 13. This age requirement is discussed in more detail later in this statement.
When we talk about our “online and mobile resources”, we mean all websites and other internet features we own that allow you to interact with our websites, as well apps we’ve created and distributed to let our customers and followers view our online and mobile resources or otherwise interact with the content we provide. Finally, when we refer to “personal information”, we generally mean information that can be used to identify you or that can be easily linked to you. Thus, a fairly comprehensive list of personal information would include such things as your name, address, telephone number, email address, social security number and date of birth. The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act, our use of the phrase “personal information” includes the unique elements required by such laws. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt.
What Information Are We Collecting and How Are We Using It?
Voluntarily Submitted Information
If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations includes identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information).
For example, if you choose to send us an email or fill out an online form, you are voluntarily providing personal information to us. In doing so, you agree that we have a reasonable and lawful basis (such as to provide, maintain, and enhance the online and mobile resources and our product and service offerings, create reports on usage of the online and mobile resources, perform our contract obligations, inform our marketing efforts, comply with law, or satisfy our legitimate business interests) on which to collect, use, and disclose that information for the purpose it is requested and for other reasonable internal business purposes. We do not sell, rent, or trade voluntarily submitted personal information with third parties.
If you don’t want us to collect this type of personal information, please don’t provide it. This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the online and mobile resources, but it will not affect your ability to access certain information available to the general public on the online and mobile resources.
Here are some of the ways you voluntarily give us your personal information and how we use it:
Emails and Online Forms
When you send us an email or fill out an online form, such as to contact us, your email address and any other personal information (e.g., home address or phone number) that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you and to process your request. Depending on the personal information provided, communications from us may be in the form of emails, telephone calls, and/or text messages. We may also send you information about any of our products or services we think may be of interest to you.
Registering for an Account
When you register for an account, you submit personal information to us such as your name and email address which we then retain. We use that information to create and manage your account and in some cases establish a password and profile to communicate with you via email.
Becoming a Subscriber to Our Service
Automatically Collected Information
When you visit our online and mobile resources, basic information is passively collected through your web browser via use of tracking technologies, such as a “cookie” which is a small text file that is downloaded onto your computer or mobile device when you access the online and mobile resources. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions. Additional information about cookies and tracking technologies is available here.
For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You can learn more about how to opt out of Google Analytics by going to www.google.com/policies/privacy/partners/.
The internet activity information collected through cookies and other similar means includes such things as:
the domain name and IP address from which you accessed our online and mobile resources;
the type of browser and operating system you use;
the date and time and length of your visit;
the specific page visited, graphics viewed and any documents downloaded;
the specific links to other sites you accessed from our online and mobile resources; and
the specific links from other sites you used to access our online and mobile resources.
Additionally, if you access our online and mobile resources from a phone or other mobile device the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use information about your geographical location, disable location services through your device settings.
Regardless, we use both automatically collected information and mobile device information to compile generic reports about popular pages on our online and mobile resources, and to see how our customers and followers are accessing our online and mobile resources. We then use that data to administer the online and mobile resources and make them better, make your activities more convenient and efficient and to enhance the functionality of our online and mobile resources, such as by remembering certain of your information in order to save you time.
Do Not Track Disclosure
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser “do not track” signals.
Sharing Information with Others: Who and Why
We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. Examples of the categories of third parties with whom we share your information with and why include the vendors from whom we obtain technology and infrastructure services to host our online and mobile resources, perform credit card processing, API integration, and data analytics services. We may also share your information, including personal information, with vendors who provide third party software services that you have chosen to assist you with your sales funnels. We do our best to disclose only the information each of those parties need.
In addition to those third parties set forth above, we may share your information, including personal information, with our corporate affiliates who will use such information in the same way as we can under this privacy statement.
Legally Compelled Disclosures
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas. We also may disclose such information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities.
If Company or its affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets.
Choices You Can Make: Opt-Out and Account Changes
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email], and you decide you don’t want to receive such materials, you may opt out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period of time to remove your name from our lists after your request and due to such latency you may still receive materials for a period of time after you opt out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below.
Things Happen: We Do What We Can to Ensure Information Security
We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted, implemented and maintain an enterprise-wide corporate information security program that includes technical, organizational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. You should also note that third party companies we engage to provide us with services either to help us in our business, or to perform functions we would otherwise perform ourselves, will have access to your information, including your personal information, as part of the work they perform. We require that they enter into confidentiality and such other agreements as required by the laws of certain jurisdictions but cannot guarantee their compliance.
User Age Requirements and Children’s Privacy
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for our online and mobile resources to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to our online and mobile resources, we will delete that information and will not use it for any purpose whatsoever. If you believe that someone under the age of 18 has submitted personal information to our online and mobile resources, please contact us at firstname.lastname@example.org. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
The California Consumer Privacy Act
When we collect personal information from California residents we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents.
What did we collect from California Residents?
We collected the following categories of personal information within the last 12 months:
identifiers such as name, address, IP address, and other similar identifiers
personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number
commercial information such as products or services purchased
internet/electronic activity such as browsing history and search history
geolocation data including geographic coordinates/physical location
audio, video, electronic or other similar information
We may have disclosed this information for one or more business purposes permitted by the CCPA. Please re-review this privacy statement to understand the scope of purposes and the sources from which we collect it. Similarly, we urge you to re-read the statement above where we describe the categories of third parties with which we may share your personal information and why. We do not sell, and within the last 12 months have not sold personal information to third parties.
Rights of California Residents
You have the following rights under the CCPA. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights.
Disclosure – the right to request that we disclose to you, specifically beyond the general statement immediately above, the categories and specific elements of personal information collected including the source of the information, our use of it and, if the information was disclosed or sold to third parties, the categories so disclosed or sold as well as the categories of third party who received or purchased it.
Access – the right to receive a copy of the categories and specific elements of personal information we collected about you in the preceding 12 months.
Delete – the right to request that we delete the personal information we collected about you under certain circumstances.
You can exercise these rights up to two different times every 12 months. To do so, just contact us at email@example.com . We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.
What if you Submit Information From Outside the United States?
We control and operate our online and mobile resources from within the United States of America (the “USA”). Personal information collected through our online and mobile resources may be stored and processed in the United States or any other country in which we or our affiliates or third-party vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the online and mobile resources, as well as our products and services, are directed principally at visitors and customers from the USA. To the best our knowledge, we do not engage in activities that subject us to the data protection and privacy laws of other jurisdictions, such as the General Data Protection Regulation (“GDPR”) under European law. We have, however, as described here, adopted and implemented a Security Program that, by its nature, is compliant with the material provisions of the GDPR and similar laws. We also commit to abiding by the Standard Contractual Clauses promulgated by the European Commission if we should find ourselves transferring personal information outside the group of jurisdictions known as the European Economic Area which currently includes the United Kingdom (the “EEA”). A websites’s obligations under the GDPR are similar to our obligations under the CCPA. Likewise, the rights California residents have under the CCPA are very similar to the rights afforded EEA-based data subjects under the GDPR. As such, if you believe we collected personal information from you while you were in the EEA, we further commit to affording those rights to you as described here.
Changes to this Privacy Statement
We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this statement. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new statement.
If you have questions about our privacy statement or privacy practices, please contact us at:
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