Last Updated April 20, 2020

TERMS AND CONDITIONS AND USE

Welcome to the Cross Formed Kids website (the “Platform”). These Terms and Conditions of Use (the “Terms of Use”) apply to your use of the platform hosted on the website and software applications of Cross Formed Kids, P.O. Box 140167, Nashville, TN 37214 (hereinafter “Company”), its subsidiaries and affiliates, and all related tools and services you utilize from Company through your use of the Platform (the “Services”). If you continue to browse and/or use the Platform, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Company’s relationship with you. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM. 

These Terms of Use set forth the terms and conditions of Company applicable to your use of the Services offered through the Platform. We encourage you to read these Terms of Use carefully. Company may revise, modify and/or supplement these Terms of Use at any time (the “Revised Terms of Use”). When changes are made, we will make the revised version available on the Platform and/or software application, and will indicate at the top of this page the date that revisions were last made. If you do not agree to the Revised Terms of Use, you must stop using the Services, close your account and stop using the Platform. By continuing to use the Services following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Services is valid consideration for the Revised Terms of Use. 

PART 1 – ALL USERS

Use of Information and Services. This Terms of Use shall govern your (“you”, “your” or “User”) access and ability to use www.crossformedkids.com, a website (the “Website”) controlled by Company. If you do not agree to abide by these terms of use, you may not use this site. 

Privacy Policy. Company’s Privacy Policy applies to use of this Platform, and its terms are made a part of these Terms of Use by this reference. To view Company’s Privacy Policy, click HERE. Please refer to our Privacy Policy for information on how Company collects, uses and discloses personally identifiable information. Additionally, by using the Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Eligibility.  You represent and warrant that you meet and will continue to meet the following eligibility requirements for as long as you use the all services offered by Company: (a) you are at least thirteen (13) years old to use the Platform; (b) if you are under eighteen (18) years old, you have first secured your parent or legal guardian’s consent to complete any purchases or transactions through the Platform; (c) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Platform, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; and (d) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use and the applicable Terms of Sale. By using the Service, you understand and agree that Company may rely on the above representations and warranties as true. You understand and agree that Company may revise the eligibility requirements from time to time and require new conditions and certifications and that you will abide by such revised eligibility requirements or discontinue using the Service. If Company becomes aware of or believes that there are violations of the eligibility requirements by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

Ownership of Site Content. Unless otherwise indicated on our Website or Platform, the Website, the Platform and all content and materials therein, including but not limited to the Cross Formed Kids logo and all designs, text, graphics, pictures, information, data, software, sound files, videos, pdf files, and other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of the Platform, the Website or Company’s affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws. You are granted a limited, nonexclusive, non-sublicensable license to access and use the Platform and Website and electronically copy (except where prohibited without a license) and print hard copy portions of the Website Content for your informational, noncommercial and personal use. Such license is subject to these Terms of Use and excludes: (a) any resale of the Website or Website Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Content; (d) modifying or otherwise making any derivative uses of the Website, the Platform and the Website Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Platform or Website, the Website Content or any information contained therein, except as expressly permitted on the Website or pursuant to separate terms; or (g) any use of the Platform, the Website or the Website Content other than for its intended purpose.

Use of Services. You agree to use the Services in a manner that is lawful, relevant and proper. Any use of the Services that Company, in its sole discretion, determines to be inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Company reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after termination or during suspension.  You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Services: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) defaming, abusing, harassing, harming, stalking, threatening or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others; (c) attempting to probe, scan, or test the vulnerability of the Services, the Platform, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Platform or the Services to send unsolicited e-mail, including, without limitation, illegal promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Platform or the Services; (h) uploading files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity; (i) harvesting or otherwise collecting information about Users without their consent; (j) impersonating another person or allowing any other person or entity to use your user name, password or membership; (k) reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Services; (l) selling, renting, sublicensing or leasing of any part of the Service or the Content; (m) circumventing any territorial restrictions applied by Company or it licensors; (n) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content or User Content); (n) providing your password to any other person or using any other person’s username and password; and (o) copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Content, or otherwise making any use of Company or the Content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in Company or the Content or any part of it. Enforcement of these Terms of Use is solely at Company’s discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.  

Copyright. If you believe that anything on the Platform or Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent at [email protected]. Your notification of infringement must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;

Information reasonably sufficient to permit the Website to contact the complaining party such as address, telephone number and/or electronic mail address;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please see 17 U.S.C. §512(c)(3) for further information regarding the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including 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. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.

Links to Other Sites. You are granted a limited, non-exclusive right to create a text hyperlink to the Websites for noncommercial purposes, provided such link does not portray the Website or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Website logo or other proprietary graphic of the Website to link to the Website without the express written permission of the Website. Further, you may not use, frame or utilize framing techniques to enclose any Website trademark, logo or other proprietary information, including the images found at the Platform or Website, the content of any text or the layout/design of any page or form contained on a page on the Website without the Company’s express written consent. Company makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of Company, and the Website provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave our Website or Platform, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Non-Circumvention Programs.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Company reserves the right to bar any such activity.  You may not attempt to gain unauthorized access to any portion or feature of the Platform, the Website or any other systems or networks connected to the Platform, the Website or to any Company server, or to any of the services offered on or through the Platform or the Website, by hacking, password “mining” or any other illegitimate means.  You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer or member of Company, including any Company account not owned by you, to its source, or exploit the Platform or any Services or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems or networks, or any systems or networks connected to the Platform or to Company.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Platform or any Services offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.  You may not use the Platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY ITS AFFILIATES, SUBSIDIARIES, PRINCIPALS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES THAT WE DO NOT OWN OR CONTROL), YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER WEBSITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN THE WEBSITE PARTY’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WEBSITE AND THIRD PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE WEBSITE FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE THE WEBSITE’S LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

DISCLAIMER OF WARRANTIES. COMPANY DOES NOT PROMISE THAT THE PLATFORM, THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, USE AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. The Website Content, including, but not limited to, THE WEBSITE videos and “Expert Advice” articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced IN PERSON INSTRUCTION. COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED WEBSITES.  COMPANY hereby expressly disclaims, and you hereby expressly release COMPANY from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.  This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Indemnity. You agree to indemnify and hold harmless Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees and court costs), made against Company by any third party due to or arising out of or in connection with (a) your use of the Platform and/or Services, (b) your violation of this Terms of Use, (c) the infringement of any intellectual property or any other right of any person or entity by you, or any other user of the Platform using your computer; (d) disputes between you and other Users; (e) your use and/or misuse of the Service; (f) your violation of any applicable law, rule or regulation; and/or (g) the inclusion by you of any inaccurate, misleading, false or deceptive statements within your User Content.  Company hereby reserves the right to assume the control and defense, at its own expense, of any matter otherwise subject to indemnification by you.  Regardless, you shall provide reasonable cooperation to Company as requested by Company in defense of all such claims.  

Arbitration and Choice of Law. Use of the Platform, and any dispute arising out of such use of the Platform, the Website or the Services, shall be construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction) which would cause the application of the laws of any other jurisdiction other than the State of Tennessee.  If a dispute arises out of or in connection with your use of the Platform, the Parties shall first try to resolve the dispute with the help of a mutually agreed upon mediator, preferably one familiar with the Entertainment Industry, in Davidson County, Tennessee associated with the American Arbitration Association and according to the AAA Commercial Arbitration Rules, or any other dispute resolution service agreed to by the Parties.  Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties shall submit the dispute to binding arbitration in Davidson County, Tennessee, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and this Paragraph, and that Company and Content Provider are each waiving the right to a trial by jury or to participate in a class action. This provision shall survive termination of this Agreement and the termination of the Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 

Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Recovery of Costs and Fees.  If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.

Modifications and/or Termination of Platform or Services. Company reserves the right to do any of the following, at any time, in its sole discretion, for any reason or no reason, with or without notice: (1) to modify, suspend or terminate operation of or access to the Platform, the Website and/or Services, or any portion of the Platform and/or Services; (2) to modify or change the Platform, the Website and/or Services, or any portion of the Platform and/or Services, and any applicable policies or terms, including those concerning artist compensation; and (3) to interrupt the operation of the Platform, the Website and/or Services, or any portion of the Platform, the Website and/or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Your continued use of the Platform and/or Services following the posting of changes will mean that you accept and agree to the changes.  You agree that Company shall not be liable to you or any third party for any modification or discontinuance of the Service or Platform, or any portion thereof. 

Termination of Subscription and/or Account. Company may, in its sole discretion, for any reason or no reason, with or without notice, terminate or suspend your subscription and/or your account and your access to the Platform. If your account has been terminated by Company, you may not re-register without Company’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available). You may terminate your account or subscription at any time through the cancellation option found on your account page. Your cancellation will be effective at the end of your then current subscription term. You may re-register your account or subscription at any time, but your previous information and activity, including any fee credits or previously offered “grandfather” pricing you may have received, may no longer be available. If your account automatically renews on a monthly basis, your ability to terminate your account must in done in accordance with these Terms of Use. Upon the termination of your account, you will no longer have access to the portions of the Platform and Services that require account registration. Upon termination of your account, all provisions of this Terms of Use that survive termination will continue in full force and effect. 

Severability. If any of the provisions of these Terms of Use are held by a tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Platform, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded. Company’s failure to enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use.  

Part 2 – USERS WHO MAKE PURCHASES FROM THE PLATFORM/WEBSITE

Pricing and Availability. You agree that all of your transactions with or through the Platform and the Website may, at our option, will be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms of Use unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. 

Fees, Automatic Renewal and Cancellation. Where indicated on the Platform, fees are charged to access and use certain Services on the Website or Platform. For example, you may purchase monthly and/or annual subscriptions to use and access Services. Services and fees are subject to change or termination by Company from time to time without notice. If there is any change to the Services and/or fees, they will be updated on the Platform and Website. Users who use these subscription-based Services agree to pay Company the applicable fees then in effect. In addition, Users authorize Company to charge their chosen payment provider for use of the Platform.  Monthly or annual subscriptions purchased by you shall automatically continue month-to-month or year-to-year, respectively, unless and until you cancel your membership or we terminate it. By starting a monthly or annual subscription and providing a payment method, you authorize us to charge you a monthly or annual subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Service to your designated method of payment.  You will not be eligible for a refund of any portion of a payment made for the then-current membership period, except as expressly provided in these Terms of Use. Company is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Company. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including any unused period of time remaining in a monthly or annual subscription purchased by a User.

Online Payment Service. Company may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service.  Company may also offer an online payment service to facilitate payments between Users, which may be subject to availability based on geographic area, subscription enrollment or other basis, as determined by Company. Company hereby expressly disclaims, and you hereby expressly release Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Company’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Company’s use of payment processing services, please contact Company by email at [email protected]. 

Errors. Company attempts to be as accurate as possible and eliminate errors on the Platform and the Website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Platform, the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, Company reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Shipping and Handling. If Company ships physical products to you or per your directions, you agree to pay the shipping and any handling charges shown on the Website when your order is placed, if any. Company reserves the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All physical orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

Payment. Only valid credit cards or other payment method acceptable to Company may be used and all refunds will be credited to the same card or, in Company’s discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize Company to charge your order (including taxes, shipping, handling and any other amounts described on the Platform or Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current and that Company may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order