Terms & Conditions

Terms of Service & Privacy Policy
How to Use this Site
Last Updated, January 31, 2023.

Welcome to the Seed and Sew course located on Kajabi (the “Site”). Seed & Sew provides the Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.” By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

 

We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services, as they are binding on you.  If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore, ya silly goose. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.


NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE.

Seed & Sew provides the www.seedandsew.org website to promote broad consumer understanding and knowledge of various health topics, including family and child sleep practices. All the information on this website is published in good faith and for general information and educational purpose only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

 

Seed & Sew does not provide medical advice, mental health advice or religious advice. Seed & Sew does not hold itself out to be or provide the advice of a  doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietitian or licensed nutritionist, or member of the clergy.  Seed & Sew will not attempt to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through the site is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that Seed & Sew is not providing medical advice, mental health advice, or religious advice. You should consult your Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about medical or mental health from the site. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.


Privacy Policy

Please refer to our Privacy Policy https://www.seedandsew.org/privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.


Other Sites

From our website, you can visit other websites by clicking on links from our website to theirs. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites, and the links to other websites do not imply recommendations or endorsements for the websites or the content found on them.

Please be also aware that when you leave our site, other sites may have different privacy policies and terms that are beyond our control.

Online Purchases and Payments

When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

 

Customer Satisfaction & Return Policy

At Seed & Sew we are committed to providing our customers with great quality products and resources. Our products are sold online for download. We have done our best to display our items as accurately as possible via our Services. If you are not satisfied with your purchase, please contact us via email and we will do our best to address your concerns. Returns are accepted on a case-by-case basis.



Seed & Sew Intellectual Property

 

(a) Our Content

 

All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Seed & Sew (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, Seed & Sew grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Seed & Sew gives you permission to download and temporarily store one or more of the pages on our website for viewing on a personal computer or mobile device for non-commercial use; however, your use of the Site does not grant you any intellectual property rights thereof. You may link to our Content or repost our Content only with attribution and link to the Seed & Sew Site. The Content, including the Seed & Sew brand features and service marks, are protected by copyright under international conventions and other worldwide intellectual property laws. Apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of Seed & Sew.

 

 

If you purchase any resources in our online store, you are purchasing a limited, non-exclusive, non-transferable, non-sublicensable license to view and make one copy of the purchased materials for your own non-commercial use. You understand and acknowledge that the Services have been developed by us and have involved a significant investment of time and expense and that the Services are original content that have value and that need to be protected from improper and unauthorized use.



User-Generated Content

“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

 

By submitting, posting, or displaying any content on the Site you automatically grant Seed & Sew a worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, sublicense, modify, adapt, transmit, distribute, publicly perform or display such materials on the Site and in all other forms of media. All rights in this paragraph are granted without compensation of any sort to you.

You represent to Seed & Sew that you own all materials you provide and/or have the unencumbered legal rights to grant the above-referenced license with respect to all materials you provide. You further represent and warrant that such materials do not infringe any third party copyrights or other third party intellectual property rights. You understand that Seed & Sew is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Seed & Sew may remove any content or suspend any user from its website in its sole discretion, including but not limited to a user’s interference with others’ use of the site, or obscene or inappropriate comments. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 


Seed & Sew-Tagged Media

The Site includes the Seed and Sew page located at www.seedandsew.org, which extracts content from our users and customers who share photos and videos on Instagram using Seed & Sew’s brand hashtags, including #tinyhumansbigemotions, #voicesofyourvillage and #cepmethod or tagging the Seed & Sew Instagram account @seed.and.sew (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Seed & Sew’s social media, public presentations, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

DMCA/Copyright Policy

Seed & Sew respects copyright law and expects its users to do the same. It is Seed & Sew’s policy to terminate in Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please contact us for a copy of our copyright policy.

Use of the Services

We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, Seed & Sew’s name, any Seed & Sew’s trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Seed & Sew or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to interfere in any way with the Services or Seed & Sew’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other third party or individual to do anything listed above.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 


DISCLAIMER AND LIMITATION OF LIABILITY

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Seed & Sew does not warrant that the sites or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the sites or servers that make services available, are free of viruses or other harmful components. You assume the entire cost of all necessary maintenance, repair, or correction. NEITHER SEED & SEW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEED & SEW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Seed & Sew does not warrant or make any representations regarding the use or the results of the use of the Site or materials on the Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Seed & Sew assumes no liability for the content of the sites, does not represent or warrant that use of the Content will not infringe rights of third parties and has no responsibility or liability of actions of third parties or for content provided by others.  

 

IN NO EVENT SHALL SEED & SEW, ITS AFFILIATES EMPLOYEES, AGENTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SEED & SEW IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEED & SEW AND YOU.

Dispute Resolution

BY USING THE SERVICES YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THESE TERMS UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS OR ANOTHER EXCEPTION AS PROVIDED FOR BELOW. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that: (a) a Claim may be brought in small claims court if it qualifies for it, (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights and (c) constitutional or civil rights questions as provided for by law.

What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

  •    Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
  •    What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”) applying Vermont law as appropriate. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
  •    How will the arbitration be conducted? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
  •    How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to [email protected]. If we request arbitration against you, we will give you notice at the email address or street address you provided.
  •    INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at [email protected]. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

 

 


Feedback

 

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Correction of Site Errors

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.

Third Party Links

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.



Indemnification

You agree to indemnify, defend, and hold harmless Seed & Sew and its partners, affiliates, suppliers, licensors, employees, representatives, contractors, agents, and content providers from any and all claims, including but not limited to attorneys fees, arising from or related to 1) content or information you provide; 2) Seed & Sew use of information you provide; and 3) your breach of this Agreement.



Termination

Seed & Sew may terminate or restrict your use of the website or any part of the site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such termination or restriction.



Miscellaneous

This Agreement constitutes the entire agreement between Seed & Sew and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Site not otherwise required to be resolved by arbitration must be filed in the state or federal courts located in Chittenden County, Vermont. Seed & Sew may transfer its rights and obligations under the Agreement at any time without notice. If any provision of this Agreement shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure of Seed & Sew to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect. In the event of termination of this Agreement for any reason, the provisions entitled User Generated Content, Disclaimers And Limitation Of Liability, Dispute Resolution, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.

This Policy was last Updated on January 19, 2021.

We at Seed & Sew (“Seed & Sew” “we” or “us”) are providing this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information that we receive through our Services. This Privacy Policy is incorporated by reference into the Seed & Sew Terms of Service (the “Terms”).

This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt out of, use, correct or change such information. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

 

Scope

This Privacy Policy applies to Personal Information that is Processed by Seed & Sew in the course of our business, including on our website (the “Site”), mobile applications, forums, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Seed, the “Services”). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. All individuals whose responsibilities include the Processing of Personal Information on behalf of Kestrel are expected to protect that data by adherence to this Privacy Policy.

 

 

We at Seed & Sew respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our Site, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.

 

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on the Site, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use the Site for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of the Site after the revised Privacy Policy is posted.

 

INFORMATION THAT WE COLLECT

 

We collect a variety of information from you when you visit the Site, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third-party processors as needed for our legitimate business interests. The information we collect may include:

 

Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to give us this information by providing it to us voluntarily on the Site or any mobile application. You provide some of this information when you register with or make purchases from the Site. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from the Site or from making purchases.

 

Derivative Data: Derivative data is information that our servers automatically collect about you when you access the Site, such as your IP address, browser type, the dates and times that you access the Site, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

 

Financial Data: Financial data is data that is related to your payment methods, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from the Site and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processors, Honeybook, Stripe, or Square, and You should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, Honeybook’s Privacy Policy can be found here, Stripe’s Privacy Policy can be found here, and Square’s Privacy Policy can be found here. We accept no responsibility for the validity or stated privacy policy of either Honeybook, Stripe or Square, and merely provide them to you as a courtesy.

 

Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

 

Mobile Device Data: If you use the Site via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

 

Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.

 

HOW WE USE YOUR INFORMATION

 

Your information allows us to offer you certain products and services, including the use of the Site, to fulfill our obligations to you, to customize your interaction with our company and the Site, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with the Site or mobile app).

 

Specifically, we may use the information and data described above to:

 

Create and administer your account; and

 

Deliver any products or services purchased by you to you; and

 

Correspond with you; and

 

Process payments or refunds; and

 

Contact you about new offerings that we think you will be interested in; and

 

Interact with you via social media; and

 

Send you a newsletter or other updates about our company or website; and

 

Deliver targeted advertising; and

 

Request feedback from you; and

 

Notify you of updates to our product and service offerings; and

 

Resolve disputes and troubleshoot any problems; and

 

Administer contests or giveaways; and

 

Generate a profile that is personalized to you, so that future interactions with the Site will be more personal; and

 

Compile anonymous statistical data for our own use or for a third party’s use; and

 

Assist law enforcement as necessary; and

 

Prevent fraudulent activity on the Site or mobile app; and

 

Analyze trends to improve the Site and offerings.

 

WHY WE DISCLOSE YOUR INFORMATION

 

We may share your information with third parties in certain situations. In particular, we may share your data with third-party processors as needed to serve our legitimate business interests, which include administration of the Site, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

 

The following are specific reasons why we may share your information.

 

Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. We may not always disclose these third party processors if not required by law.

 

By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

 

To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

 

Third Party Partners: In order to provide our services and administer our rewards and promotional programs, we may share your information (excluding Financial Data) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. With your permission, third-party applications or services may access your Personal Information. We may use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also may use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.

 

We may also employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer services, and marketing assistance. These other companies will have access to your data only as necessary to perform their functions and to the extent permitted by law.

 

Additionally, we may disclose your information to certain third parties (as listed on the Site) for the purpose of enabling them to contact you so that they can offer you relevant goods and services.

 

Advertisers: We may use third-party advertising companies to run and manage our ads to produce ads that appear when you visit the Site or mobile app. These companies may use information about your visit to the Site and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or websites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

 

Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.

 

Sale or Bankruptcy: In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business or enters bankruptcy.

 

Interaction with others: If you interact with others on the Site or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with the Site, such as prior comments or posts.

 

Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

 

External Links: The Site may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.

 

Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

 

TRACKING TECHNOLOGIES

 

Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

 

We also use cookies – small text files sent to us by your computer, not the delicious treat – and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto the Site, for personalization, for security, for targeted advertising, or for analysis of the performance of the Site and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use and to customize your interaction with the Site.

 

Most browsers are set to accept cookies by default. In addition, when you first encounter the Site, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from the Site. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies? By continuing to use the Site and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.    

 

In addition, we may use third-party software to post advertisements on the Site or mobile app to oversee marketing or email campaigns or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

WEBSITE ANALYTICS

 

We may partner with third-party analytic companies, including Google Analytics and Shopify Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of the Site or mobile app to determine the popularity of the content and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access the Site, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

PROCESSING YOUR INFORMATION

 

For the most part, we do not process your information in-house but give it to third-party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third-party processing is provided below.

 

However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve the Site and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:

 

Data associated with your account, such as your name, address, email address and payment information.

 

Data about your usage of the Site, such as your IP address, geographical information, and how long you accessed the Site and what you viewed.  

 

Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.

 

Data that you provide us in the course of using our services.

 

Data that you post on the Site, such as comments or responses to blogs.

 

Data that you submit to us when you make an inquiry regarding the Site or offerings.

 

Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.

 

Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.

 

Data that you submit to us via correspondence, such as when you email us with questions.

 

Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.

 

INTERNATIONAL DATA

 

the Site is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.

 

We use website hosting servers and third-party processors located in the United States and Canada, which have received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country.

 

DATA RETENTION

 

We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.  

 

You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.

 

SECURITY OF YOUR INFORMATION

 

We take reasonable administrative, physical, and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use, or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

 

 

CHILDREN

 

This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use the Site or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.

 

YOUR RIGHTS

 

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law. To exercise any of the rights outlined below, please contact us at [email protected].

 

Update Account Information: You have the right to update, change or delete any information you have provided to us.  

 

Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third-party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.  

 

Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, and you may not have full access to the Site.

 

Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

 

Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.

 

Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of the Site.

 

Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at [email protected].

 

Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at [email protected].

 

Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to the Site.

 

Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

 

Newsletter Privacy

 

We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not ever sell your information to third parties.

 

Severability

 

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

Entire Agreement

 

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

 

Law and Jurisdiction

 

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Vermont USA.

 

Contact Information

Email: [email protected]


Questions for us?

If you have read every single word and still have questions about these Terms or the Services, please contact us at [email protected].

 
 
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