Terms of Service PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY USE OF OUR WEBSITE OR PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print. These terms (“Terms”) apply to all uses you (“You”, “User”, “Customer”, “Customer Order”) may make of Company (“Company”, “Seller”, “SKATE or SPLIT”, “SKATE or SPLIT Skateboards”) website (the “Site”, “SKATE or SPLIT.com”) including, but not limited to any: the use of Company Site and/or product customization service/s (“Service”), use of the shopping cart and ordering service, as well as use of any of our products. By utilizing the Site and/or Services provided by Company, User agrees to all terms outlined in the Company Terms of Service. 1 Copyrighted Material, Software and Intellectual Property Rights All information, content, software and materials Company offers on the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials or provide proof of valid documentation verifying ownership of or granting permission to use the copyrighted content. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of Company or are being used with the rights secured by Company, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights. 2 Designs and Submissions to the Site User confirms the following statement via electronic confirmation during the design submission process: “I verify I have the rights to use any image(s) or logo(s) I’ve uploaded, if any.” User designs that User elects to mark as “public” will be visible on Site. Designs marked Public are searchable online which means they will show up in online searches or populate in advertisements which auto-populate User Public designs at random. 2.1 Unacceptable Designs, Orders, and/or Submissions While Company is not responsible or liable for the User design content and/or Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Any Designs, Orders, and/or Submissions containing any of the following are deemed “Unacceptable” and will not be processed: 2.1.1 Unacceptable Content Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law 2.1.2 Copyright or Trademark Content Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material 2.1.2.1 Design / Content Removal Please submit any design takedown notices or DMCA claims to the Company Support Portal 2.1.3 Invalid Address Any material sent from an anonymous or false address. User is responsible for providing a valid shipping address at the time of purchase. User is responsible for any costs incurred as a result of providing an Invalid shipping address for said order (including, but not limited to, the cost to ship the order back and forth, packaging fees, etc.) and the cost will be docked from store credit, if applicable, or invoiced to User if remaining store credit amount is less than incurred costs. 2.2 Email Notification of Orders containing Unacceptable Designs and/or Submissions If an order contains Unacceptable Design/s or Submissions, User will be notified via email that the order has been put on-hold until the Design/Submission can be corrected. User must respond via email and provide link to the updated and corrected design within 3 business days of the email notification date. If an email response is not received within 3 business days, the order will be cancelled and User will be issued store credit for the cancelled order. Store credit does not expire. Store Credit will be sent via email within 5-7 business days or later; additional delays may occur during peak seasons. Please check your spam/junk mailbox in case the email is filtered by your email settings. 2.2.1 Unacceptable Designs containing Copyright and/or Trademark protected content Seller may request valid documentation confirming ownership of the copyrighted or trademarked content. Seller reserves the right to cancel the order and/or suspend the shipping of any custom cover order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the cover until such dispute has been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission. User confirms the following statement via electronic confirmation during the design submission process: “I verify I have the rights to use any image(s) or logo(s) I’ve uploaded, if any.” Company will review each User order prior to submitting for processing to ensure order does not contain Copyright and/or Trademark protected content. If order has been flagged as containing Copyright and/or Trademark protected Content, User will be notified via email. 2.2.2 Supplemental Documentation Seller may request valid documentation confirming ownership of the copyrighted or trademarked content. User must respond via email and provide Supplemental Documentation Verifying Ownership of and/or Permission Granting Use of Copyright and/or Trademark protected Content within 3 business days of email notification date. If email response is not received within 3 business days, User order will be cancelled and User will be provided with store credit for the cancelled order. Store Credit will be sent to User email address on file within 5-7 business days or later; additional delays may occur during peak seasons. Please check your spam/junk mailbox in case the email is filtered by your email settings. Store credit does not expire. 2.2.3 Review and Verification of Supplemental Documentation Company reserves the right to review and request additional documentation or references until verified. User provided Supplemental Documentation Verifying Ownership of and/or Permission Granting Use of Copyright and/or Trademark protected Content and request additional information or documentation needed to verify Ownership of and/or Permission Granting Use of Copyright and/or Trademark protected Content. If User does not provide additional Information or Documentation via email within 3 business days, User’s order will be cancelled and User will be provided with store credit for the cancelled order. Store Credit will be sent to User email address on file within 5-7 business days or later; additional delays may occur during peak seasons. Please check your spam/junk mailbox in case the email is filtered by your email settings. Store credit does not expire. 2.3 Design’s Printed Color versus Color displayed on User Monitor/Computer Screen Although Company prints the exact User approved design, the printed colors can look different when viewed in person compared to when viewed on your computer monitor as it differs from monitor to monitor based on color settings, printer calibration, and product ink saturation levels vary from monitor to monitor. Our customer service department and design team is available to review your design before your purchase. 3 Processing Times Our processing times are estimates only; additional processing times and delays may occur based on peak seasons or due to natural disasters affecting production or supplies. Although our policy is that we print all designs exactly as they come through, we do our best to catch any orders that have major issues. In the event a Company representative reaches out to you about any issues regarding your design, you will have 3 business days to respond or else your design will be submitted as-is. Company contact regarding order issues will be done via email communication. User is responsible for checking User’s own email inbox. 3.1 Proof Review Company customer service team will email User regarding the print file needing confirmation. User must respond to Customer Service via email with any requested changes to the order or design within 3 business days. If no email response is received within 3 business days from the date of the original customer service email, the print file will be submitted for processing as-is. 3.2 Change/s to Order / Order Design We will do everything we can to update your order if it has not yet been produced. Once a custom product order has been sent to printed, we cannot make change/s to the order design. User must notify the Company via email within 2 hours of placing the order of User’s intent to make change/s to order design prior to the order being sent to production. Please check your design prior to submission to avoid needing to make change/s to your order. Our customer service team is available to answer your questions, please reach out via our Support Portal 4 Shipping 4.1 Shipping Time All shipping times are estimates based on information provided by shipping carriers; shipping estimates and times will vary based on various factors such as, but not limited to, peak season, inclimate weather, natural disasters, etc. As such, Company cannot guarantee an exact delivery arrival date so please order early and/or upgrade your selected shipping method to an expedited shipping method. 4.2 Shipping Carrier Delays All shipping times are estimates based on information provided by shipping carriers; shipping estimates and times will vary based on various factors such as, but not limited to, peak season, inclimate weather, natural disasters, etc. As such, Company cannot guarantee an exact delivery arrival date so please order early and/or upgrade your selected shipping method to an expedited shipping method. 4.3 Refusal of Package/Delivery and/or Returned Package User is responsible for any costs incurred as a result of Refusal of Package/Delivery and/or Returned Package; including, but not limited to, the cost to ship the order back and forth until delivered to User, additional packaging fees, etc. and the cost will be docked from store credit, if applicable, or invoiced to User if remaining store credit balance is less than the incurred costs related to the Refusal of Package/Delivery and/or Returned Package. Reship fee must be paid by User within 60 days of the date of the returned shipment/s, package/s, and/or order/s. Payment of reship fee must be confirmed prior to Company reshipping package. If reship fee is not paid within 60 days, the User’s returned package/s will be disposed of and will no longer be eligible to be reshipped. 4.4 Invalid and/or PO Box Addresses User is responsible for providing a valid and non-PO Box shipping address at the time of purchase. User is responsible for any costs incurred as a result of providing an Invalid and/or PO Box shipping address for said order (including, but not limited to, the cost to ship the order back and forth, packaging fees, etc.) and the cost will be docked from store credit, if applicable, or invoiced to User if remaining store credit amount is less than incurred costs. 4.5 Return Shipping User is responsible for any applicable return shipping cost and the cost will be docked from store credit, if applicable, or invoiced to User if remaining store credit amount is less than incurred costs. 4.6 Shipping Charges, Taxes, and Fees User is responsible for all Shipping Charges, Taxes, and Fees to ship order to User provided shipping address. User will be invoiced for any additional and/or remaining charges to ship to User provided address. Company reserves the right to not ship the User order until the remaining shipping costs payment has been verified by Company. 4.7 International Shipping and Customs Charges, Taxes, and Fees We are not responsible for any miscellaneous international customs fees or taxes. Some orders may incur additional customs or import duty tax charge beyond what User has already paid for through the Company Site. We are unable to control additional International customs charges and they will vary based on country and location. The customer is solely responsible for all additional taxes and fees. Your order cannot be returned to the sender and Company will not pay custom fees on your behalf. User is responsible for all Shipping and Customs Charges, Taxes, and Fees to ship order to User’s international shipping address and will be invoiced for any additional charges. Company reserves the right to not ship the User order until the remaining shipping costs payment has been verified by the Company. If a package is held by customs, User is responsible for working with Customs to obtain the package; User is responsible for abandoned packages due to refusal of package/shipment or due to User’s failure to pay the related International Shipping and Customs Charges, Taxes, and Fees for the order. 4.8 Lost and/Or Stolen Package/s In the rare event of a lost or stolen package, Company is not liable. User is responsible for providing additional documentation as requested by shipping carrier to investigate the lost/stolen process claim. To prevent a lost or stolen package, please make sure you require a signature on all packages at your address; additional shipping costs/fees may apply. 4.9 Shipping Damage During processing, shipping, and customs, occasionally products will be damaged. We do inspect each order before it ships out to you. As soon as your order is received, please inspect it for damages. You have 5 days from when the order was delivered to report any damage. If you do find any damage, please take a photo of the damaged product and packaging and send it to Company using the Support Portal; we will review and work with shipping carrier as needed. User is responsible for providing additional documentation as requested by shipping carrier to process the shipping damage claim 5 Cancellations User must notify the Company via email of User’s intent to cancel order prior to the order being sent to production. We will do everything we can to cancel your order in time if it has not yet been produced. Once a custom order has printed, we cannot make changes to the order. Once an order has been sent to production, printed, and/or produced, we CANNOT cancel it. Company reserves the right to refuse an order cancellation if we are not able to stop processing or shipping. If there is an error in the design or typography on the User design and/or Submission, Company is not liable. 5.1 Unprocessed Orders If your order is delayed due to any reason and not processed, we can cancel your order and issue you store credit for the amount paid. All refunds will be in the form of store credit, not via original payment method. Store credit does not expire. Any delayed or unprocessed User order that has been “on hold” for more than 2 weeks from the date of initial Company email notification, will be cancelled and issued store credit. Store credit voucher codes will be sent via email. User is responsible for checking User’s own email inboxes. 5.2 Cancellation of Order due to User submitted Copyright Design User confirms the following statement via electronic confirmation during the design submission process: “I verify I have the rights to use any image(s) or logo(s) I’ve uploaded, if any.” User designs that User elects to mark as “public” will be visible on Site. Designs marked Public are searchable online which means they will show up in online searches or populate in advertisements which auto-populate User Public designs at random. Company screens customer order designs for copyright issues prior to submitting to production. User has the option to change their design or cancel their order. If User opts to cancel order, user will be issued store credit for the order to submit a new design that does not have copyright content 5.3 Cancellation Refund Method User orders that are eligible for cancellation will be issued issued a refund using 1 of the methods listed below: 5.3.1 Cancellation and Refund via Store Credit Eligible Refunds are issued in the form of store credit for the order amount, not via the original payment method. Store credit does not expire. 5.3.2 Cancellation and Refund via Original Payment Method Eligible Refunds via Original Payment Method will be for the order amount minus $10 processing fee. The $10 processing fee helps cover the customer service and administrative time and labor costs associated with processing your order cancellation as well as refund via the original payment method. 6 Returns We pride ourselves in customer satisfaction. However; all our products are custom orders and any custom order is your unique creative expression. Because they are one of a kind and unique to you, they are not returnable. We want you to be 100% satisfied with your order. We are available every step of the way to ensure you get the best possible quality. Make sure that the design you submit or the design you choose is up to your own standards and expectations. We cannot control the quality of the design you submit, but we are equipped to print at 300DPI if you can submit it. All of our custom products are custom printed using your User design. Because of this, we do not accept any returns for designs that are low resolution, have typos, or if you’ve changed your mind on the design after User order has been submitted for process, printed, and/or produced. If for any reason, you are not satisfied with your order, please contact us using our Support Portal to provide us with more information so our customer service team can better assist you. If you are not satisfied with the quality of your custom order, please reach out via our Support Portal with your order number, the reason you are not satisfied, and photo/s of your custom order. We must receive this within 5 days from when your product was delivered. Once received, our customer service team will review the issue and process accordingly based on Company policy and terms of service. 6.1 User’s Printed Custom Design Issue All of our custom products are custom printed using your User design. Because of this, we do not accept any returns for designs that are low resolution, have typos, or if you’ve changed your mind on the design after User order has been submitted for process, printed, and/or produced. If there is an error in the design or typography on the User design and/or Submission, Company is not liable. 6.1.1 Print Image If you are not satisfied with the quality of your custom print (ie banding, ink spits, or media flaws that exceed 1/8″ in size), please reach out via our Support Portal with your order number, the reason you are not satisfied, and a photo of your print. We must receive this within 5 days from when your product was delivered. Once received, our customer service team will review the issue and process accordingly based on Company policy and terms of service. Print area limitations (ie curved areas, raised edges, etc) are outlined in the product description and specifications. If User design has elements placed on the noted print area limitations, those elements/print image/s may be stretched, cut off completely, or appear blurry, etc. We do not accept any returns for Print Image issues on specified limitation print areas. Custom printed vinyl products may bubble due to temperatures during shipping, this is not a defect – our vinyl has microchannels and the bubble can be easily removed by smoothing it out with a credit card or clean squeegee. We do not accept any returns for bubbles on vinyl printed products. If there is an error in the design or typography on the User design and/or Submission, Company is not liable. 6.1.2 Print Color Company prints the exact User approved design, the printed colors can look different when viewed in person compared to when viewed on your computer monitor due to respective monitor color settings, etc. All of our custom products are custom printed using your User design. Different printing technologies and processes are used to enable the custom printing of your User design on your custom order. We do not change the color of your designs. Because of this, we do not accept any returns for print color. 6.1.3 Print Placement Different printing technologies and processes are used to enable the custom printing of your User design on your custom order. Print area limitations (ie curved areas, raised edges, etc) are outlined in the product description and specifications. Because of this, we do not accept any returns for Print Placement on specified limitation print areas as well as any placement within ¼” of the design. If you are not satisfied with the placement of your custom print (must exceed 1/4″ in size), please reach out via our Support Portal with your order number, the reason you are not satisfied, and a photo of your print. Please refer to product description and specifications for specific print area limitations. We must receive this within 5 days from when your product was delivered. Once received, our customer service team will review the issue and process accordingly based on Company policy and terms of service. Print area limitations (ie curved areas, raised edges, etc) are outlined in the product description and specifications. If User design has elements placed on the noted print area limitations, those elements/print image/s may be stretched, cut off completely, or appear blurry, etc. We do not accept any returns for Print Image issues on specified limitation print areas. 6.2 Eligible Return/s If User’s Order is eligible for return, the product/s must be shipped back to the Company. Company will provide customer with address to ship the returned order to. Returned order must be received before the refund can be processed. 7 Indemnification You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your User account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account. 8 Customer Support and Age Requirements You must be at least 13 years of age to use the Site. If you, your parent/s, or your guardian/s, have any concerns, please feel free to contact us using our Support Portal prior to making design/s or order/s. By using the website, you agree that you are at least 13 years of age. 9 Claims User agrees to first work with Company to reasonably resolve any issues or claims using Company Support Portal prior to taking further action. Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the State of California, and hereby consent to jurisdiction and venue in the courts of San Diego, California. Users who make fraudulent fraud claims will be banned from making future purchase/s and using Company site. 9.1. Bank / Payment Card Claims User agrees to first work with Company to reasonably resolve any issues or claims using Company Support Portal prior to submitting a claim or dispute with User’s bank / payment card provider. 9.2. Copyright Design Content Removal Please submit any design takedown notices or DMCA claims to the Company Support Portal 10 Privacy Policy This Privacy Policy (“Privacy Policy”) describes how Company collects, uses, discloses or otherwise processes your personal information (sometimes referred to as “PI”) in connection with our services, including when you visit our website (the “Site”), visit or talk to us on our targeted social media pages (“Social Media”), participate in a sweepstakes or contest (“Prize Promotions”), contact our customer service agents (“Customer Service”), open our ads, receive or open our e-mails or text messages, or otherwise interact or communicate with us related to any of these services, or when you interact or use one of our products or services that link to this Privacy Policy (all collectively referred to as the “Services”). Throughout this Privacy Policy, we refer to the Personal information we collect from you, about you, or which may be associated with you, interchangeably without any geographic or legal distinctions. When you create an account with Seller / Company, you need to provide some personal information, such as your name, e-mail address, and mailing address. Seller will protect and use this information as stated in our Privacy Policy. We may change or update this Privacy Policy from time to time to reflect new practices, better inform you, or to comply with changes in applicable laws. Please check back periodically to ensure you are familiar with all of our current practices. All changes shall be effective from the date of publication unless otherwise provided. 10.1 Additional California Privacy Disclosures These Additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California (“consumers” or “you”). These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA. For purposes of these CA Disclosures, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope. This section does not apply to information relating to our employees, contractors, and other personnel. As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law) You may submit your requests via the Company Support Portal. 10.2 Additional European Privacy Disclosures While we are primarily based in the United States, company may direct our Services to individuals located in the EEA, United Kingdom, and Switzerland, including through our Site (collectively, our “European Services”). The following disclosures (“European Privacy Disclosures”) apply to our processing of personal data in connection with our European Services. Company is the data controller responsible for the processing of personal data in connection with our European Services. This means that we determine and are responsible for how your personal data is used. When we use the term “personal data” in this section, we mean information relating to an identified or identifiable natural person. In connection with our European Services, we only collect, use, share or otherwise process your PI by obtaining your consent or by using other legal bases for processing your PI as set forth in more detail below: Consent. We may collect, use, share or otherwise process your PI by obtaining your consent. You are free to deny your consent and the denial will have no negative consequences for you. Your consent will be limited to our (or our vendors’) processing of your PI for the purposes for which we collect it, which purposes we can adequately demonstrate through notice. For example, we may obtain your consent at the point in time when you set up an account with us, or when you provide your consent for the use of Cookies, or when you sign up to receive marketing e-mails from us. If you sign up for our marketing e-mails, we will use your PI to send you e-mails containing promotional materials relating to our Services. You can always withdraw your consent. Contract. If you make a purchase through our Sites or if you contact us to request any other service, we will use your information to fulfill your order or otherwise provide you the features and functionality of the services you requested. Legitimate Interests. The use of your personal data may also be necessary for our own legitimate business interests. Our use of your personal data to perform a legitimate interest, takes into consideration your privacy rights, and the relative necessity we have to use your personal data to fulfill that interest. For example, we process your personal data based on the legitimate interests legal basis to analyze and improve the quality of our Services, such as providing you with Customer Service, and to understand you as a customer. This enables us to assess what may interest you, to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising. In addition, based on your use of our Services and the products you purchased, we may target you with ads or other marketing materials that are customized to your personal preferences and experiences, or conduct other direct marketing initiatives (to the extent we are permitted to process such personal data on the basis of legitimate interest; otherwise we will ask for your consent). We may also use your personal data for our other legitimate interests, such as to operate and expand our business activities, to administer our Services, to evaluate and review our business performance, to facilitate social sharing functionality, to generate aggregated statistics about the users of our products and Services, to facilitate our business operations, to operate company policies and procedures, to conduct fraud monitoring and prevention, to identify cyber threats, to enable us to enter into corporate transactions, or for other legitimate business purposes as permitted by applicable law. If necessary, we may also use your corporate transactions, to pursue or defend ourselves against legal claims. Legal Obligation or Claim.We may process your personal data when it is necessary to comply with a relevant legal or regulatory obligation that we have, such as to maintain appropriate business records according to tax and commercial law, to comply with lawful requests by public authorities, to comply with applicable laws and regulations, to respond to a legal claim, or as otherwise required by law. We will usually store the personal data we collect about you for no longer than necessary for the purposes as listed in our Privacy Policy,, in accordance with our legal obligations and legitimate business interests. The criteria used to determine the period for which personal data about you will be retained varies depending on the legal basis under which we process the personal data: Legitimate Interests. Where we are processing personal information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects. Consent. Where we are processing personal information based on your consent, we generally will retain the information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that personal information. Contract. Where we are processing personal information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship. Legal Obligation. Where we are processing personal information based on a legal obligation, we generally will retain the information for the period of time necessary to fulfil the legal obligation. Legal Claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved. In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal information, as well as the potential risk of harm from unauthorized use or disclosure of your personal information. We may share your personal information with the following: Service Providers and Advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services. Affiliates: Other companies owned by or under common ownership as Company, including our subsidiaries (i.e., any organization we own or control) and our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under these Privacy Disclosures. Purchasers and Third Parties in Connection with a Business Transaction:your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business. Law Enforcement, Regulators and Other Parties for Legal Reasons:we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (ⅰ) comply with the law and the reasonable requests of law enforcement; (ⅰ) detect and investigate illegal activities and breaches of agreements, including our terms of service,; and/or (ⅲ) exercise or protect the rights, property, or personal safety of Company, its users or others. From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Most marketing messages we send will be by email. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you. We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the “unsubscribe” link at the bottom of our marketing emails, by updating your preferences via your account on the Site, or by submitting a request through our Company Support Portal. Storing and Transferring your Personal Data: Security.We implement appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, change or damage. All personal data we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers. International Transfers of your Personal Data. The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations. If you are located in the EEA, United Kingdom or Switzerland, your personal data may be processed outside of those regions, including in the United States. In the event of such a transfer, we ensure that: (i) the personal data is transferred to countries recognized as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using our Company Support Portal. We may analyze personal data we have collected about you to create a profile of your interests and send product updates. We may also use personal data about you to detect and reduce fraud. In accordance with applicable privacy law, you have the following rights in respect of your personal data that we hold: Right of access. have the right to obtain: ─ confirmation of whether, and where, we are processing your personal information; ─ information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods; ─ information about the categories of recipients with whom we may share your personal information; and ─ a copy of the personal information we hold about you. Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person. Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay. Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified. Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you. Right to withdraw consent. There are certain circumstances where we require your consent to process your personal information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal. You have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason. You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner’s Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html). If you wish to exercise one of these rights, please contact us using the contact details at the end of these European Privacy Disclosures. Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document. Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you. Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display “remote images”, “remote content” or “images” by default. Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies. 11 Export You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service. 12 Disclaimer of Warranties for Covers THE COVERS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, COVERS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, COVERS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. 13 Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 13.1 Liability of Product Use Company urges all users of our product/s to use them safely and responsibly. Company encourages and suggests the use of protective gear when deemed applicable and/or necessary for the use of Company product/s. Company products are sold to User is responsible for User’s own actions and User uses product at User’s own risk. Company is not liable for any injuries that occur from using any of our product/s. 14 Company Pricing With respect to items sold by Company, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 15 User Purchases Seller may assign its rights and responsibilities under these Terms without notice to User. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you on our delivery to our carrier (ie, F.O.B. Seller’s facility). 16 Right to Update Provision/s If any part of these Terms is held to be invalid or unenforceable, Company reserves the right to update and superseded any provision/s using a corrected and enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. 17 Entirety These Terms constitute the entire agreement between you and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.