Terms & Conditions
The Official Stan Lee Box
EXCELSIOR! Welcome to the Terms & Conditions for The Official Stan Lee Box – the only subscription box created and personally curated by Stan Lee. Powered by Stan Lee’s POW! Entertainment.
You agree to use our Site only for purposes that are lawful and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and are legally capable of entering into a binding contract.
You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems or any of our data.
The term "Site," when used herein, is deemed to refer to using the Site by means of a computer, a mobile device, a mobile application or through any other means.
Your License To Use Site:
Unless your access has been revoked to the Site, you have a personal, non-transferable, non-exclusive license to access and use the Site. We reserve the right to impose rules for, and limits on, use of the Site or to restrict your access to part or all of the Site and/or to restrict your ability to purchase items and/or subscription plans indicated as available on the Site, all without notice or penalty. We reserve the right to revoke your access at any time without notice for any reason, including as a result of a violation of these Terms.
We also reserve the right, in our sole discretion and without notice to you, to revise the products, services and/or subscriptions available on the Site, and the pricing of such products, services and/or subscriptions and/or any other charges in connection with such products and services, and to change, suspend or discontinue any aspect of the Site. We will not be liable to you or to any third party for engaging in any or all of such actions. Your continued use of the Site will constitute your unconditional acceptance of any such changes.
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to your using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site, is strictly prohibited unless authorized in writing by us. You agree not to change or delete any proprietary notices from materials downloaded from this Site or to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from using this Site. This restriction means, among other things, that you may not duplicate or reproduce, in whole or in part, on your own website or otherwise in any medium whatsoever any of the content, materials, elements, assets, properties (intellectual or physical), components or portions of this Site and you may not display through your own website any results pages or other information from this Site without our express written permission in each instance. Any use of the Site or any Site content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of our rights and/or the rights of third parties. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the names, likenesses, images, signatures, biographical information or any other rights of publicity or intellectual property of any public or private individuals who are referenced on the Site (either explicitly or implicitly), or any of our officers, directors, shareholders, employees, independent contractors or other visitors to the Site.
You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally created or assigned to you, or modified or changed subsequent to such original creation or such assignment, as provided above whether or not such access to and use of the this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. Without limiting the effect of the preceding sentence, please immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Only individuals eighteen (18) years of age or older may use the Site and you acknowledge that you are at least eighteen (18) years of age.
You may receive emails regarding your Account or promotions for special offers, including third party offers. You may change your email preferences at any time in your Account settings. You can cancel your Account at any time without charge by contacting us at the email addresses and/or telephone numbers set out below.
We may suspend or terminate your Account at any time, for any reason, and without advance notice at our sole discretion. We may also deny you access to all or parts of the Site without prior notice at our sole discretion including, without limitation, if you engage in any conduct or activities that we determine violates these Terms, any of our rights or the rights of any third party.
Use of the Site is limited to the contemplated functionality. The Site shall not be used in any way that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair our servers or networks;
- attempts to gain unauthorized access to our computer network;
- attempts to gain unauthorized access to our user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
We reserve the right, in our sole discretion, to terminate any User License, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to use of the Site, that we reasonably believe is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Your Billing and Payments:
Box Information & Limitation on Quantities:
We strive to ensure that the information on the Site is complete and reliable (excluding any content, which may be submitted from time to time by visitors to this Site). Certain information may contain typographical errors and other errors or inaccuracies (including pricing errors), which we may correct from time to time without liability. We have made efforts to ensure the color and design and, when applicable, the functionality of our products are displayed as accurately as possible on the Site but do not guaranty the accuracy of such color, design or functionality. We also reserve the right to revise, suspend availability, or terminate any special events, promotions or offers at any time and without advance notice, at our sole discretion.
Your Box Purchase and Delivery Policy:
(a) General Information.
All purchases through the Site are subject to product availability. Once boxes are announced as Sold Out, we do not guarantee that the products described on our Site will be available for your purchase. We may, in our sole discretion, limit or cancel the quantities offered on the Site or limit the sales of offered products or services to any person, household, geographic region or jurisdiction. If, for any reason, an item is no longer in stock at the time you place an order, we will notify you and refund you any charges imposed by us upon you in connection with such order using the original method of payment as the means of issuing such credit. We reserve the right to not fulfill any order even if that order has been submitted and/or acknowledged and/or otherwise confirmed by us. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on the Site are quoted in United States Dollars.
(b) Delivery Time. An estimated delivery time will be provided to you once your order is placed. Shipments of items under any subscription plans are generally set out in the FAQ section of the Site. Our estimates of delivery times are approximations based on our experience with the carriers we use to effect delivery. Estimated delivery times are to be used as a guideline only. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. You will be deemed to have acknowledged your acceptance of these delivery policies when you place your order. We will have no liability by reason of the delivery of any items you have ordered that might arrive after our estimated delivery date.
(c) Sales Tax. The total price for your activity on this Site will include the price of the membership (if applicable) or product (if applicable) plus any applicable state and local sales taxes in effect at the time you confirm your purchase through the checkout process, and in connection with any subscriptions for which you have subscribed. Such state and local sales taxes to be charged will be based on the shipping address and the sales tax rate applicable at the time of your purchase or, if applicable, at the time your subscription package is sent to you. We will charge sales tax only in states and other geographical designations where the goods sold over the Internet is taxable.
(d) Shipping Costs. Shipping costs are based on the weight of each product and/or box, and the delivery method. For individual purchases of merchandise on the Site, you will learn the total cost of your order (including estimated shipping charges), when you have proceeded to the checkout page, confirmed the items you are ordering, confirmed the delivery address and have taken the steps necessary indicated on the Site to confirm and place your order. You may receive an estimate of all charges relating to your order prior to confirming your purchase. To find out how much your individual order will cost, simply add the items you would like to purchase to your cart and enter the checkout page. Once at the checkout screen, your shipping charges will be displayed. Additional shipping charges may apply to remote areas, certain states inside the United States, military bases, or for large or heavy items. Your confirmation of your purchase will be deemed to be your acceptance of all charges (including any estimated charges and actual charges which differ from such estimates to a reasonable degree). Shipping costs applicable to subscription plans will also be based on the package being delivered, the delivery method and the delivery destination, and will be added to the cost of your subscription when shipments are made. If you have questions about shipping charges either before you subscribe or at any time thereafter, please contact our customer support team at firstname.lastname@example.org. Your completion of our subscription procedures will constitute your acknowledgement that you have approved of our shipping cost terms and procedures.
(e) Returns. We do not accept returns or exchanges unless the item you purchased is proven to be defective other than as a result of your mishandling or improperly using the item, which must be proven by you as the customer. If you receive a defective item, please contact us at email@example.com with details of the product and the defect, photos, and any other necessary information and we will use our reasonable commercial efforts to determine a workable solution. Upon receipt of the returned product, if necessary, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product (if it is still available) or refund the purchase price, using the original method of payment. Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. We do not guarantee that we will receive your returned item and will not be responsible if your returned product is not received by us. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping. Damage to packaging materials or the box itself will not be considered as part of a damaged item. Refunds will be given for returned purchases at the discretion of our customer support representatives.
(f) Risk of Loss from Shipments. A third-party carrier will ship merchandise purchased from our Site. Accordingly, title and risk of loss or damage for such merchandise will pass to you upon our placing that merchandise within the custody and control of the carrier. All missing or damaged shipments of items must be reported within fifteen (15) days of shipping to qualify for consideration for replacement (subject to product availability) or refund. If the product is available, a replacement will be shipped and a refund will not be issued.
(g) Questions. If you have any questions about the delivery and shipment or your order, please contact us at firstname.lastname@example.org.
Your Subscription Agreement:
As mentioned above, we may offer to visitors to the Site the right to purchase a subscription plan if available. By purchasing any such offered subscription, you acknowledge that your subscription plan has an initial and a recurring payment feature. Your subscription will automatically be extended for successive periods at the then-current subscription rate until cancelled as provided herein. If you purchase a subscription, any applicable sales taxes which pertain to the subscription purchase price, as well as all applicable shipping charges for the articles provided under your subscription plan, will be added to the amounts you are billed. You unconditionally accept responsibility for all recurring charges (including taxes and shipping charges) prior to your cancellation of the subscription plan.
To cancel a subscription which you have ordered, you must do one of the following at least five (5) business days prior to the next scheduled renewal date to avoid charge: Update your User Account by visiting our website at StanLeeBox.com, adjusting your profile status, and by making such other adjustments as you are prompted while visiting the Site. We will endeavor to implement the termination of your subscription promptly, it being agreed that for administrative reasons, subscription terminations completed after the 1st day of a particular month may not be effective until the end of the month following the month in which you complete the information necessary to cancel your subscription. If you do cancel your subscription, you may use your subscription until the end of the then-current subscription term. If you cancel your subscription as provided herein, you will not be eligible for a pro-rated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time in our discretion.
Our Copyright & Trademarks:
The technology underlying, and the entire content included in, this Site, including, without limitation, all text, graphics, artwork, photographs, images, designs, code and all information published on or used in connection with the Site (all, collectively, the "Site Assets") are our property and the property of our successors and assigns. Copyright laws and applicable treaties around the world protect all Site Assets, and we expressly reserve all rights in and to the Site Assets. Accordingly, only we (and such successors and assigns) shall have the right to own all copyrights and trademarks therein and thereto, and any and all renewals and extensions thereof, throughout the world, free of any claims whatsoever by you, or any person, firm or corporation claiming rights from or through you. Any use of the Site Assets not expressly permitted by these Terms is expressly and completely forbidden.
By visiting the Site and therefore agreeing to these Terms, you acknowledge that you have no rights to, nor any rights to use, any of the following trademarks: "Stan Lee Box”, “Stan Lee”, “POW! Entertainment”, "Box Boulevard", “Box Blvd” (collectively, the "Trademarks"). Any use of any of the Trademarks not expressly permitted by these Terms is expressly and completely forbidden.
If you breach any provision of these Terms or make any use of the Site Assets, copyrights or Trademarks not permitted by these Terms, and in addition to any other rights and remedies available to us, we may automatically terminate and cancel your authorization to visit and/or use and/or purchase items from the Site and your subscription (if applicable). In such event, you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site.
Submitting User-Generated Content:
(a) By submitting and uploading onto this Site any content, materials, data or other properties including, without limitation, any photographs, images, video, music, art, opinions, messages, comments and other properties (collectively, "User Assets"), you grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display, publicly present and perform such User Assets for our benefit and/or the benefit of our licensees, designees and assigns. You acknowledge and agree that you are solely responsible for all User Assets that you post, distribute or share on or through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant to us the required rights, without being required to procure permissions from you or any third parties to present, transmit, reproduce, publicly perform and/or otherwise disseminate or use any and all such User Assets, (2) no element or part of the User Assets, nor your posting, uploading, publication, submission or transmittal of such User Assets by us or our licensees, designees and assigns on the Site, through us or by means facilitated by us or such third parties will infringe, or violate the patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy of any third party or any other rights whatsoever or result in the violation of any applicable laws or regulations or subject us or our licensees, designees or assigns to any costs, damage, liability or expense of any kind.
(b) You agree that you will not post, distribute or share any User Assets on the Site that are protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary rights. You further agree that we are under no obligation to maintain any User Assets in confidence, to pay compensation for the use of any User Assets or to respond to any User Assets; You will be solely responsible for any fees, royalties, payments or other compensation payable to any and all third parties for our use of any and all of the User Assets. You further agree that your User Assets will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect the Site’s operations. You will be solely liable for any User Assets that you post, distribute or share on the Site and its accuracy. We have no responsibility and assume no liability for any User Assets posted by you or any third-party. You agree that any User Assets submitted by you may be edited, adapted, modified, recreated, published, or distributed by us.
(c) We reserve the right to terminate your ability to post on the Site and to remove and/or delete any User Assets that we deem objectionable in our sole judgment. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of any User Assets.
You agree to defend, indemnify and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, employees, licensees, designees, representatives and assigns harmless from and against any losses, liabilities, claims, expenses (including legal fees and disbursements) in any way arising from, related to or in connection with your use of the Site, your violation of any of the Terms, your posting or transmission of any User Assets, on or through the Site, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party rights of any kind, nature or description. We will give you prompt notice of any claim to which this indemnification may relate. In the event we determine that you (or your legal counsel, if applicable) are not handling the defense of any such claim in a manner, which we determine to be professional and appropriate under the circumstances, we will have the right to engage counsel to take over the defense of such claim. Our actions in doing so shall not in any manner reduce or eliminate the scope of your indemnity under this Section.
Disclaimer and Limitation of Liability:
(a) Your use of the Site is at your sole risk and you assume full responsibility for any costs associated with such use. We will not be liable for any damages of any kind related to the use of the Site. The Site and all of its features are provided "as is" without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Site, including without limitation, all content and materials, and functions and services provided on the Site. Furthermore, no warranties or representations are made concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, or the non-infringement of any goods or services provided on or from the Site. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose and non-infringement. We do not warrant that the Site or its functioning or the services or merchandise available on the Site will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components. The applicable law from jurisdiction to jurisdiction may result in some restrictions as to the applicability of certain of the provisions set out in this subparagraph. When applicable to the jurisdiction in which you reside, some of those limitations may not apply to you.
(b) In no event will we, or our affiliates, or our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, representatives, celebrity spokespersons, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the Site or the content or material or functionality through the Site even if we are advised of the possibility of such damages.
(c) In the event a product is listed on the Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we will have the right to refuse or cancel any orders placed for products listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the charge. We have no liability as a result of any injury or damage caused by products purchased by you while visiting the Site. You sole remedies with respect to any such injuries or damages shall be to pursue available claims against the manufacturer of such product. We do not undertake to update, modify or clarify information on our Site, except as required by law.
(d) Without limiting any provision in the previous section, we will not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of our obligations in relation to products offered on the Site if the delay or failure was due to any cause beyond our reasonable control. Causes beyond our reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving our employees or those of a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
(e) We also disclaim any warranties regarding the accuracy, security, reliability, timeliness, availability, compatibility and performance of the Site and any information on the Site, and any information or advice obtained through any content on the Site (including any links provided on the Site). You hereby irrevocably waive any claims against us, our affiliates, our directors, officers, employees, representatives and agents with respect to the Site, any content on the Site, any products or services offered on the Site, as well as any content you provide to third parties (including, without limitation, credit card and other personal information).
(f) We will not be liable under any theory of law, for any and all damages, claims, or causes of action (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if we may have been advised of the possibility of such damages. If you are dissatisfied with the Site or any element or component of the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these Terms or the Site, then your sole and exclusive remedy is to discontinue using the Site and/or cancel your subscription(s), if applicable. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) any other cause of action.
(g) In no event will our liability to you for your use of the Site and your purchase of any subscriptions, products or merchandise, or for any violation by us of these Term (including any warranties or representations made by us), exceed the amounts you have paid to us in connection with your having visited and your use of the Site. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by the applicable law pertaining to such jurisdictions.
We control and operate this Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States and, in fact, we might not have the right to sell to consumers outside of the United States certain of the merchandise available for purchase on the Site. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
As part of our efforts to enhance your experience when visiting the Site, we may provide easy links to third party websites. You acknowledge that we have no control over those third party linked websites, all of which have separate privacy and data collection practices which are not within our control. These linked websites are only for your convenience and therefore you access them at your own risk. You understand that we do not review, endorse, inspect, approve or control any websites linked from or to this Site, the content of such other websites, third parties named therein, or their products and services. We accept no responsibility for them or for any losses or damages that may arise from your use of such third party websites.
We may now, or in the future, allow advertisers and corporate partners to post content on the Site and provide links to Sites and content of third parties (collectively the "Advertiser Content") as a service to those interested in this information. Advertiser Content may be targeted to users based on information they provide through use of the Site or other information. We do not control, endorse or adopt any Advertiser Content and we make no representation or warranties of any kind regarding the Advertiser Content. The types and extent of advertising on the Site are subject to change.
You further acknowledge that: (a) links to downloadable software websites are for convenience only and we are not responsible or liable for any difficulties, damages, difficulties, problems or consequences associated with downloading such software; (b) use of any software downloaded by you is governed solely the terms of the license agreement (if any) of the provider of such software. We are not responsible for providing, reviewing, inspecting or being responsible for any such license agreements or for the performance of any obligations undertaken under such license agreement by the provider of such software. Nonetheless, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site but for websites this Site links to as well (including if a specific link does not operate properly).
From time to time, we may (but are not obligated to) organize and conduct contests and/or sweepstakes for visitors to the Site and/or for Account holders. At such time as we decide to conduct any such contest or sweepstakes, we will provide information on the Site advising you as to the rules pertaining to entering such contests or sweepstakes, how to enter such contests or sweepstakes, how winners are selected and notified, what prizes will be awarded, and all other terms and conditions pertaining to such contests or sweepstakes.
We may deliver notices to you by means of e-mail, a general notice on this Site, or by other reliable methods we reasonably select.
Customer Access/Customer Complaints/Infringement Claims:
By email to: support@stanlee box.com
By mail to: Box Boulevard. 2150 Park Place. Suite 100. El Segundo, CA 90245
(b) Copyright Claims: If you believe that anything on the Site infringes upon any copyright or other property right that you own or control, please file a notification of such infringement with our Designated Agent whose contact information is as follows: Box Boulevard, Inc. Attn: Box Boulevard Legal. Email Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification to us concerning claims that we have violated any copyrights which you assert belong to you or are under your control. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
(i) Use your information to provide services or merchandise you've requested or provide you with offers, promotions (e.g., a sweepstakes, subscription to goods or services, etc.) or content or add you to our postal mail list;
(ii) Use your information to send you electronic communications, including emails about matters related to your interactions with our Site, and about products, services, sponsors, partners and affiliates when you make a purchase, agree to rules or terms, or otherwise engage with our Site, to the extent the sending of such electronic communication is permissible under applicable law;
(iii) Share your information with certain third parties, including service providers, sponsors and promotional partners, so they may help us provide services, offers, promotions or content you’ve requested or otherwise in accordance with the applicable rules of a promotion or terms presented at the time you submit personal information, so the third party can administer the promotion and/or send you offers or content or add you to their postal mailing list;
(iv) Share your information upon notice posted on an applicable location of our Site where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party;
(v) Use and share your information with our third-party survey partners to send you periodic surveys to help improve our services or your Site experience; and
(vi) Use and share your information with permission from you.
(c) Additional Information About Collection of Location Data. When you use our Site, we may solicit your permission to collect your location data. Be aware that for some features within our Site applications to function, we must confirm your current location and therefore some features will not be available if you choose not to provide your location data to us. The specificity of the requested location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone, tablet) and how you are connected online (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for any of our applications, we may collect location data (e.g. zip code) periodically as you use or leave open our applications. We may also use this data internally or in conjunction with our third party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access our applications (e.g., Apple’s iOS, Google’s Android, Windows, etc.) you may be able to control from within the settings on your wireless device or the application(s) whether location data is collected.
(d) Other Information Collected And Shared Within Our Services.
(i) Our Cookies and Web Beacons. We use and permit automatic methods such as cookies (small amounts of data which include a unique string of characters sent to your browser or application from a website's computers and stored on your computer's or device's hard drive), web beacons (technology used to track activity, also known as pixel tags) or similar technologies, alone or in combination with personally identifiable information you choose to provide us. Examples of the information we collect and analyze using such methods include, but is not limited to: personal information as authorized by you, the Internet protocol address used to connect your computer or device to the Internet; email address; login name and password; operating system type, version and computer or device platform; purchase history; the full Uniform Resource Locator clickstream to, on and from our services, including date and time; and products you viewed or searched. We use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from a page. We use and may allow certain third parties, such as those who provide services associated with our products and services, to access these automatic data collection methods to enable you to use a "shopping cart" while using our Site, to store your preferences and to improve, deliver and customize our Site’s content and offerings.
(e) Other Circumstances When Your Data May Be Shared
(i) Aggregated Demographic Information. We may share aggregated demographic information with third parties. This information is not linked to personal information that can identify you or another individual person.
(ii) Business Transfers. As time passes, we may be sold along with our assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.
(f) Managing Your Information:
(i) You may choose and control what information you provide about yourself and certain information which is automatically collected by our Site. If you do not wish to provide certain information necessary for full and/or enhanced functionality or content on our Site, please do not use such functionality or content. If you have registered for an account through the Site, you may review and revise certain of your account information by logging in and then navigating through all available menu options. You may modify any subscription for which you have signed up by reviewing these Terms and/or by contacting us.
(iii) If you want to review or revise the personal information you provided during registration or in connection with a purchase or other activity while using our Site or to change the promotional email communications you receive from us, please review these Terms for methods by which you can contact us. If you want to close your Site account and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you should email us as set out in these Terms.
(iv) Please remember that when you share information publicly online, it may be indexed by search engines or recorded by others, and any search engine index or record of your information may persist after you delete the information at the original source.
(g) Other Information
(i) There is no Spyware or Adware. We do not install any spyware or adware in connection with our Site, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to or installed on an Internet user's computer or device, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
(ii) Our Security Practices. The account information associated with our Site is password protected for your privacy and security. Choose your password so the strength of that password is determined by you. We recommend that you choose a unique password and that you do not share your password with anyone else.
Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute or controversy between you and us no matter what the legal theory is that forms the basis of the applicable claim, dispute or controversy (the "Claim") and regardless of the remedy sought (e. g. damages, injunctions, fines, penalties). "Claims" include disputes over the applicability, enforceability or interpretation of these arbitration provisions. If a party hereto elects arbitration, such arbitration shall commence by that party’s filing of a demand for arbitration with JAMS, which shall be governed by the JAMS Streamlined Arbitration Rules & Procedures, available at WWW.JAMSADR.COM/FILES/UPLOADS/DOCUMENTS/JAMS-RULES/JAMS_STREAMLINED_ARBITRATION_RULES-2009.PDF. Claims initiated by you must be brought in your and our names only and not on or as part of any class action, representative, or private attorney general basis. No arbitrator or court will be able to consolidate multiple parties’ claims or award relief for or against anyone who is not a party to the action. You agree to use your best efforts to prevent any other person to bring any claim or seek any recovery in your name. Claims will be governed by the law of the State of California. If you believe you have a Claim, you must notify us within one (1) year of the Claim accruing by sending an e-mail to firstname.lastname@example.org. This arbitration provision is to be interpreted under the Federal Arbitration Act.
(a) The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in agreeing to these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party, in whole or in part, at any time without notice to you.
(b) Any headings and titles herein are for convenience only and shall have no meaning in interpreting the Terms.
(c) If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable.
(d) The provisions relating to copyrights, trademark, disclaimers, limitations of liability, indemnification and the provisions of this Section shall survive any termination of these Terms and your use of the Site.
(e) These Terms and the relationship between you and us shall be subject to the internal laws of the State of California without giving effect to its principles on conflict of laws.
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