Legal

Conditions

Last Revised on June 2nd, 2021.

 

Our Commitment to Online Privacy

At Channeled by Chloe, LLC (“we,” “us,” “our”), we care about our users’ online privacy (“you,” “your,” “user”). That is why we have this Privacy Policy (the “Policy”) to ensure that you understand what we are doing with your personal information and to remind you that you have rights when it comes to controlling what is shared online.

 

Please note that this Policy is subject to our Terms of Use Agreement (“ToU”). There are terms in the ToU that materially affect your right to bring a lawsuit against us and other rights in regards to this Policy, as such you should read the ToU in addition to this Policy.

 

We know these privacy policies can be tedious to get through. However, by continuing to use our Online Services (as defined below), you agree to let us use your information in the ways discussed in this Policy. For this reason, it is very important that you read this entire Policy.

 

Services This Policy Covers

This Policy applies to the online services owned by us, including our website, social media accounts and any future online services we develop (the “Online Services”).

 

Services This Policy Doesn’t Cover

At times we may link to other websites and services. When you click on one of these links, you are leaving our Online Services, and this Policy no longer applies. The way our partners or other third-parties not owned by us do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Additionally, when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to comply with their service policies, and this Policy is in addition not in lieu of such agreements.

 

What is Personal Information?

Personal Information is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address and credit card details are all considered personal information. Other information, such as your interests, economic status, customer number, IP address, geolocation, education, and job title may also be considered personal information if that information, when combined with other information, is used to reveal your identity.

 

Personal Information that We Collect

We only collect personal information from you when you voluntarily consent for us to collect and use it. You voluntarily consent for us to collect and use your personal information by:

 

  • Directly providing the information to us: In some circumstances, when interacting with our Online Services, you may be asked to provide specific personal information so that we can help you with a particular inquiry or render our Online Services to you, or you may give information to us on your own accord. When providing such information, you permit us to use such information to fulfill your requests and for our legitimate business purposes. Such information may include personal information such as your name, email address, phone number, or residential address. For example, you consent for us to use the information you have provided when you reach out to us by email or our social media accounts, when you make a service booking, when you sign up for a member account, when you participate in our Online Services, when you use any “contact us” form, when you sign up for any email newsletter, when you interact with our support or customer service teams, or when you comment on our social media posts or in any group community forum. If you have decided to share sensitive information with us during our private Online Services, we always treat this information as confidential and do all in our power to ensure that this information is stored and processed securely. It is also wise to remember that our group community forum, group Online Services, and social media accounts are accessible to others, and any information posted by you on such “Social Services” are therefore accessible to others.
  • Interacting with our Online Services: You also permit us to collect information such as your IP address, browser type, geolocation, device type, click activity, frequency of visits to our Online Services and network connection type while you use our Online Services. We may also receive interest-based information about you (such as your age, gender, location, and likes) when you interact with our social media pages, groups, accounts or posts on social media platforms. We may use cookies and third-party services, such as Google Analytics and Facebook, to help us collect this information. We only receive this type of information in anonymized and aggregated forms; this means you are not personally identifiable to us unless such information is already publicly available (such as social media engagement data and public social media profiles). However, you should be aware that in some circumstances we may be legally required to hand over aggregate data information to law enforcement or regulatory authorities, who may then use this information to reveal your identity.

 

What About my Credit Card Information?

All purchases made through our Online Services are processed directly through PCI compliant third-party vendors; this means we do not see your credit card information unless we require you to provide it to us directly in the event of technological issues.

 

What About My Passwords?

There may be times where a password is required to access certain Online Services such as when making a booking or interacting via our social media platforms. These passwords are completely administered by the third-party vendor/platforms and we do not have access to your passwords.

 

Cookie Policy

Cookies are small files that we transfer to your computer’s hard drive through your browser when you use and interact with our Online Services.

 

  • Types of cookies we use: We use both session cookies, that are erased once you exit your browser, and persistent cookies, that stay on your device for a set period of time or until you manually delete them.

 

  • Why do we use cookies? We mainly use cookies to help ensure you have the best user experience possible and give us insight into how we can improve our Online Services. We also use cookies to provide us with insight into things like the number of visitors to our website, the type of devices being used to access our website, how visitors ended up on our website, and the general geographic area they are located. As you have probably heard, cookies may also be used to ensure that you see advertisements relevant to your interests. Currently, we do not use targeted advertising on our website or sell any advertising space on our website for third-party use. However, we may, at times, use targeted advertising through Google, Instagram, and Facebook. Google, Instagram, and Facebook use cookies on their platforms to collect information about your interests. When we advertise our Online Services through their platforms, we can select a targeted audience that we hope may be interested in our Online Services. That is why you may see some paid or sponsored advertisements from us while using these platforms.
  • Can I block cookies? Most browsers have an option to stop your computer from accepting cookies altogether or to stop certain types of cookies. If you decide to block cookies, our Online Services may operate a little strangely, since we rely on some cookies for our Online Services’ functionality. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going the following links:

 

Facebook – https://www.facebook.com/settings/?tab=ads
Google – https://adssettings.google.com

Digital Advertising Alliance – http://optout.aboutads.info/

 

You can learn more about cookies at www.allaboutcookies.org.

 

Reasons We Collect Personal Information

We NEVER collect your information for the purpose of selling, renting, trading or otherwise abusing it. We only use your personal information for our legitimate business purposes including but not limited to the following reasons:

  • To personalize our online features and content;
  • To fulfill or enforce a contract that you have entered into with us;
  • To help you efficiently access your information;
  • To allow non-affiliated third parties to provide additional services to you;
  • To improve, monitor, and test our Online Services and new products or features;
  • To prevent, investigate and address the misuse of our Online Services;
  • To learn about the types of people that are using our Online Services and how we can better market to those people;
  • To allow you to contact us;
  • To allow you to participate in social sharing;
  • To allow you to schedule services using our online booking system;
  • To allow you to access and participate in our Online Services;
  • To respond to your inquiries and fulfill your requests;
  • To comply with law enforcement and other regulatory authorities; and
  • To communicate with you about our Online Services and features.

 

Sharing of Personal Information with Third Parties

Although we try to limit who we share your information with, there are situations where sharing is necessary for our legitimate business purposes. We share your information with third parties in the following ways:

 

  • Agents: Sometimes we need to use other trusted companies and individuals to help us provide our Online Services. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your personal information for a particular task, but they do not have the right to use your personal information beyond what is necessary and must comply with our privacy practices.

 

  • New Owners: In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

 

  • Third-Party Software and Apps: We use a number of third-party software and apps to make our jobs a little easier. Some personal information may be stored, processed, or shared with these apps.

 

  • Law Enforcement: We may sometimes be required to share your personal information with law enforcement. We will only share your information when we believe, in good faith, that sharing your information is necessary to protect our business or our clients or we are obligated under the law to provide such information. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Online Services has occurred, or where our property or safety, or a client’s property or safety, is at risk. In fraud cases, we may also be required to share your information with investigatory authorities and banks.

 

Email Policy

  • Emails you can opt out of: We may at times send you emails to keep you updated on what is happening with our business and new Online Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt-out of these emails by simply clicking “unsubscribe”.

 

  • Emails you will not be able to opt out of: There are some important emails from us that you will not be able to opt out of. For example, we may notify you that updates have been made to this Policy or in the unlikely event that our security safeguards have been breached.

 

Personal Information Retention and Your Rights

We only keep your information for as long as necessary to provide our Online Services and in accordance with our legal obligations. Depending on your residency, under the law (such as the California Consumer Privacy Act and General Data Protection Regulation, you may also have the right to request at any time for us to:

 

  • Give you access to any personal information that we have processed;
  • Disclose the details of third parties we have shared your personal information with;
  • Correct any personal information that may have been incorrectly processed;
  • Delete your personal information from our storage systems;
  • Transfer your personal information to another service, when technically feasible; and
  • Stop using your personal information in specific ways, by withdrawing the consent you have given us.

 

Regardless of whether we are obligated under the law or not, if you would like for us to do any of the above, you can contact us using the information provided at the end of this Policy. We will make best efforts try to fulfill your requests. However, sometimes we may be required to retain your information in order to comply with our administrative, legal and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some information for law enforcement purposes such as fraud monitoring, detection, and prevention. Additionally, we reserve the right to de-identify your data by removing identifying details, rather than delete it completely.

 

Where Your Information is Processed and Stored

We are a business that is formed and operated in the United States. However, in addition to storing information directly onto our hard drives, we also use some third-party cloud storage systems and apps to ensure that your information isn’t lost. These third parties may store and transfer your information outside of the United States. In certain situations, the courts, law enforcement agencies, regulatory agencies or security authorities in those countries might be entitled to access your personal information.

Liability for Third-Party Software, Apps & Services

We always use our best efforts to pick reputable third-party software, platforms, services and apps. However, we do not control such third parties and are not liable for any breach of privacy or data security that occurs due to the fault of these third parties or any breach of you of such third-parties privacy policies or terms of use.

 

Keeping Your Information Safe

We are committed to protecting your personal information and have physical, electronic and managerial systems and procedures in place to help safeguard your information. Unfortunately, no system can guarantee complete security. Third-party viruses or security failures may result in your personal information being compromised. You can help prevent unauthorized access of your information by using antivirus software, creating strong passwords and limiting access to your personal computer. In the unlikely event that your personal information is compromised due to a security breach on our end, we will notify in accordance with the law as soon as reasonably possible.

 

Protection of Children

Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 – 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. We do not knowingly collect personal information from anyone under the age of 13 and delete this information as soon as we become aware of it. To make a booking for paid Online Services you must be over the age of 18.

 

Changes Made to This Policy

We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our Online Services after the policy changes, you allow us to use your information in the way we describe in our updated policy.

 

Dispute Resolution

We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot come to an agreement, by using our Online Services, you agree to binding arbitration, rather than formal court proceedings, to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US, PLEASE READ THESE TERMS CAREFULLY.

Additional ToU Terms

This Privacy Policy is subject to terms stated within our ToU. Specifically, this agreement is subject to all clauses in our ToU regarding warranties, limitation of liability, indemnification, assignment, waiver, severability, applicable law, jurisdiction and any other ToU provisions that logically ought to apply to this Policy.

Entire Agreement

This Policy and our ToU represents the entire and exclusive agreement between us and our users. All previous written and oral agreements and communications related to the subject matter of this Policy and our ToU are superseded.

 

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this Policy, our ToU or our Online Services in general, just reach out! We would be more than happy to explain.

 

Channeled by Chloe, LLC

magic@channeledbychloe.com

 

 

Last Revised on June 2nd, 2021

 

This Terms of Use Agreement (“ToU”) is made between Channeled by Chloe, LLC (“we,” “us,” “our”) and you, the individual choosing to use our online services (“you,” “your,” “user”).

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

Services this ToU Covers

We provide psychic, intuitive and spiritual services, which are booked, purchased and conducted online. This ToU applies to such services as well as other online services offered via our our website and social media accounts, and any future online service we develop (the “Online Services”).

 

Services This ToU Doesn’t Cover

At times we may link to other websites and service, when you click on one of these links, you are leaving our Online Services and this ToU no longer applies. The way our partners or other third-parties not owned by us do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Additionally, when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to comply with their service policies, and this ToU is in addition not in lieu of such agreements.

Acceptance of ToU

We know these ToU’s can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

 

Conditions Before You Access Our Online Services

Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 – 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. Additionally, you must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company and to make a booking for paid Online Services you must be over the age of 18.

 

 

User Accounts

Simply here to browse our Online Services or website? Go right ahead – no account is needed directly with us. However, if you wish to purchase and make a booking for specific Online Services offered by us, you will be required to create an account with us. Additionally, if you wish to communicate via social media or interact with any of our other Online Services hosted by another third-party, you may be required to provide personal information and, in some cases, create an account with such third parties. In such instances, we do not control or have access to this information. To register for an account, you will be required to provide us with personal information such as your email address, address, name, and password. Any personal information you provide to us will be treated according to our Privacy Policy.

 

Suspension and Termination of Your Account

  • Involuntary Suspension or Termination of Your Account

We will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your account, and prevent access to our Online Services at any time.

 

  • Voluntary Termination of Your Account

You are free to delete your account at any time voluntarily. Your account may be terminated by requesting via email for us to terminate your account manually. To delete any account created through third-parties such as Facebook, you will need to reach out to them directly. Deleting your account will mean that you may no longer be able to access some of our Online Services. We cannot guarantee that all information that you have previously provided to us will be deleted along with your account. We will be sad to see you leave!

 

Pricing and Billing

You can find the cost of our Online Services clearly marked on the Online Service that you are looking at on our website. There may be times when we need to make changes to our pricing; as such advertised prices are not guaranteed until a purchase has been made. We use PCI compliant systems to process credit cards used to purchase our Online Services and are currently using PayPal; this means we never personally see or store your credit card information unless we need to manually enter it due to technological issues. Discounts and coupons are only valid for the specific time period stated at the time of their issuance.

 

Scheduling, Rescheduling, and Cancelling Services

Once a purchase for an Online Service has been made, the purchase is final, and we will not issue refunds for cancellations unless we decide to do so in our sole discretion. All bookings for Online Services are made using our online scheduling system. If you need to reschedule a specific booking, please give us at least forty-eight (48) hours’ notice, or we reserve the right to deem the Online Services canceled or charge an additional rescheduling fee. All rescheduled consults must occur within ninety (90) business days of the initially scheduled date, or we reserve the right to deem the consult canceled. If you have not arrived for an appointment fifteen (15) minutes after the start time, we will deem the appointment cancelled.

 

Service Availability

We cannot give any assurance that any particular Online Service will be available or remain available for purchase. We reserve the right to remove Online Services, change Online Service content, cap the number of users permitted to access an Online Service, and refuse to offer Online Services to you at any time without notice.

 

Delivery of Services

All of our paid Online Services are delivered via the online platform Zoom and you will be provided with a link to access the paid Online Services before the scheduled appointment. We reserve the right to record our Online Services for our own administrative and business purpose. All group Online Services will be recorded to allow for group members to watch the content in the event that they cannot make a session.

 

Disclaimer

We make every effort to provide you with helpful and insightful information based on what is communicated to us by you and what we are seeing, sensing and hearing. However, the information we offer to you should not be used in place of any recommendations by medical, legal, financial or other professional counselors. We cannot guarantee predictions or accuracy of any statement made by us. You understand that you may receive information from us that you may consider emotionally difficult and are engaging with our Online Services assuming such a risk. How you choose to accept, deny or use any information provided by us is solely at your discretion and you are solely responsible for your own actions.

 

Group Online Service Guidelines

We allow users of our group Online Services to access to a private community forum host on Facebook and private group classes (the “Social Services”). The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow. We will not be liable for any content posted or communicated on these Social Services, but we may, as an administrator, delete content or remove users that, in our discretion, we find inappropriate (remember, the internet is forever). 

  • Please don’t:
  • Use the Social Services to spam or send unsolicited commercial posts;
  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
  • Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
  • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
  • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation.

 

  • Please do:
  • Share tips and experiences on how to optimize our Online Services;
  • Give constructive feedback on how we can improve our Online Services;
  • Ask questions about our Online Services;
  • Be respectful and open-minded;
  • Network and make friends; and
  • Be a nice human!

 

Confidentiality & Sensitive Information

  • Private Online Services: During private appointments with us, we will treat all sensitive and private information as confidential and agree not to share such information with third parties outside of our company unless necessary under the law or to protect you or others.

 

  • Group Online Services: We encourage all participants in our group Online Services and using our Social Services to treat other people’s information in the same way that you would like for their own information to be treated, and not to share another’s sensitive or personal information with any third party outside of the group. However, we cannot and do not guarantee that information provided during such group Online Services will be kept confidential. As such, you understand that any information provided may be subsequently shared with other third-parties.

Any information collected during Online Services such as notes and client information is subject to limitations in our Privacy Policy.

 

General Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as our company name and logo, our website design, our website code, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content without entering into their own third-party licensing agreement with the owner of such content. We do not grant or transfer any other rights, title, or interest to you other than the following limited license: We grants to you a limited, non-exclusive, non-transferable, revocable license to access and use our Online Services for non-commercial personal purposes only. We reserve the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.

 

Publicity

You grant to us a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or commentary posted on any third-party platform (including Instagram, Facebook and Google Reviews) that you make about us for our publicity and marketing purposes.

 

Copyright Policy

We respect the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to the address identified at the end of this ToU, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed or a copy of the copyrighted work;
  • identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Representations and Warranties

  • Our Representations and Warranties

OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” WE MAY BUT ARE IN NO WAY OBLIGATED TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES AS THEY ARE BROUGHT TO OUR ATTENTION. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. WE DO NOT WARRANT THAT USE OF OUR ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. WE ARE NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. OUR SERVICES ARE INFORMATIONAL ONLY, AND YOU ACKNOWLEDGE THAT WE HAVE NOT AND WILL NOT RENDER ANY MEDICAL, LEGAL, BUSINESS, OR FINANCIAL SERVICES TO YOU.

 

  • User Representations and Warranties

By using our Online Services, you represent and warrant that:

  • You will seek third-party professional advice before taking any life changing actions based on information provided by us to you;
  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
  • You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
  • You have read and agree to this ToU and will not use our Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
  • You will not try to reverse engineer our site or software to circumvent access to our services;
  • You will not circumvent or hack any technology used by us to protect our services and our users;
  • You will not transmit any worms or viruses or any code of a destructive nature; and
  • You will not copy or fraudulently reproduce our content or violate our intellectual property rights or any third parties intellectual property rights.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS OR THIS TOU. WE WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO US FOR OUR ONLINE SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND US.

 

Indemnification

You agree to indemnify and hold us harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:

  • any Services provided by us;
  • any breach by you of this ToU;
  • any third-party claim arising from content that you have posted on our Social Services, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity; and
  • any activity related to your accounts.

 

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

 

International Users

Our Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access our Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU, OUR PRIVACY POLICY AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY US.

 

  • Letting Us Know About Complaints

We hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about our Online Services, please reach out to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute. 

 

  • Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to services provided under this ToU, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court.

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. A prevailing party has the right to collect all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.

 

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against us will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of our Online Services.

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of us. We reserve the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the our business or assets.

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

 

Waiver and Severability

Waiver by us of terms in this ToU, in any one or more instances, will in no way be construed as a waiver of any subsequent breach of this ToU or any other agreement (whether or not of a similar nature). If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced in accordance with the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

 

Entire Agreement

This ToU and our Privacy Policy represents the entire and exclusive agreement between us and our users. All previous written and oral agreements and communications related to our Online Services are superseded.

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy or our Online Services in general, just reach out! We would be more than happy to explain.

 

Channeled by Chloe, LLC

magic@channeledbychloe.com

 

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