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Terms & Conditions

Updated at January 30, 2024

General Terms

Welcome to https://www.auntidote.com/, “auntieDirect™” and “auntieNote™” the website and online services brought to you by the Perkes, Mills, Marcy Partnership, d/b/a Auntidote™ (“Owners,” “we,” “us,” or “our”). This page explains the terms by which you may use our online website, blog, community, memberships, forms, and sub-domains on or in connection with the services we offer (collectively the “Service” as defined below). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy (incorporated as if set forth completely herein – LINK), whether or not you are a Visitor, or otherwise registered user of our Service. We reserve the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service. By accessing, viewing, continuing to use/view our website, “auntieNote™” and/or “auntieDirect™” or related content on our Website, you confirm that you are in agreement with and bound by the terms of service contained in the Terms of Service outlined below. These terms apply to the entire website and any email or other type of communication between you and us.

Under no circumstances shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Website team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

We will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

Restated Definitions of Key Terms

To help explain things as clearly as possible the following definitions of Key Terms is hereby incorporated herein. Every time any of these terms are referenced, they are strictly defined as follows:

Cookie: small amount of data generated by a website and saved by your web It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Owner/Owners: when this policy mentions “Owner,” “we,” “us,” or “our,” it refers to the Illinois general partnership comprised of Barbara Ann Perkes, Leigh Ann Mills, and Melanie Elizabeth Marcy, located at 66 Grove CT #201, Elgin, IL, 60121.
Country: where Owners are based, in this case is United States
Visitor: refers to anyone that is using the internet to access, view, use, browse, or otherwise interact with our website and site and/or makes use of our Services. It includes you if you are a Member Participant, and/or Visitor equally, and without limitation.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit the website and use the Services.
Member Participant: refers to any person/persons (over 14 years of age) who are a who registers to participate in any of our Services or otherwise make use of our offered Services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic An IP address can often be used to identify the location from which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by Owners or are under contract to perform a service on behalf of one of the parties, including but not limited to independent contractors (ie. so-called “1099 workers” pursuant to Form 1099 of the IRS) as well as employees that are employed by the owners under an employment agreement.
Personal Information: any information or data that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural
Non-Personal Information: any generic or technical information or data that is automatically collected which does not contain personally identifiable information and/or is not connected to the identity of any visitor or other person.
Service/Services: refers to the services provided by Owners as described in the relative terms on this This shall include the www.auntidote.com website, the “auntieNote”, “auntieDirect™” and associated social media pages affiliated with any of the foregoing.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest
Website: Our site, which can be accessed via this URL: https://www.auntidote.com/
You: a person or entity that using the Services, whether as a Visitor, or Member Participant.

Eligibility to use Website and/or Services

This is a contract between you and Owners. You must read and agree to these terms before using our Website and/or Services. If you do not agree, you may not use the Website and/or Service. You may use the Service only if you can form a binding contract with Owners, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.

All Visitors must be at least 14 years of age or older (and persons under 18, or the legal age of consent in their state, must have consent of an adult/guardian to use this website, and their use is subject to the minor’s supervision by that adult/guardian at all times). This website does not knowingly solicit nor target persons under the age of 14, nor minors under the age of 18 (or the age of consent) who do not have the permission and consent of an adult/guardian to use and view this website. By your continued use of the website and or affirmation that you meet the minimum age in any form submitted, you represent that you are 14 years of age or older, and hereby understand and acknowledge that we will rely on your representation of being 14 years or older; and that (if under 18 or the legal age of consent) you have the permission of an adult/guardian to view the website.

All Member Participants must be at least 18 years of age or older (or the legal age of consent in their jurisdiction) in order to use the Services and/or register an account for the Website/Services. Persons between the age of 14-17 years of age can only use the Services as an approved minor co-member added to an account opened by an adult/guardian. Such approved minor co-members may make use of the Services and post on the Services and will be copied on all communications with the Adult Member Participants Account. All Adult Member Participants shall affirm and represent that by adding an approved minor co-member, they shall have sole responsibility to undertake and to take efforts to monitor their use of said approved minor co-member account. By your continued use of the Services you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website/Services, as an approved minor co-member of your Member Participant account. An approved minor co-member account may be deleted at any time at the discretion of the Adult Member Participant.

Member Participant Registration and Information

Member Participants meeting the eligibility requirements above shall fill in the correct information requested in the User Registration form for the Website/Services. Member Participants shall be required to promptly update the User Information on the site in the event of any changes. Member Participant shall select a username and password during the User Registration process. Member Participant shall be responsible for: a) all use of the Site made by the Member Participant’s username and password (including use by approved minor co-members on the account), b) maintaining the confidentiality of the Member Participant’s username and password, and c) maintaining the confidentiality, and intellectual property of Owners’ content, and ensuring that your use is in accord with this Agreement. Membership account shall be for the sole and exclusive use of said Member Participant and any approved minor co-member and shall not be permitted to be used by any other party, and password sharing is strictly prohibited. This membership in the Website/Services is not transferable, and Member Participant may not sell, assign or transfer his/her membership in our Website/Services, and any such attempted sale, assignment or transfer shall be null and void. Member Participant may not loan his/her membership access to anyone. Anyone not complying with any of the above rules will automatically lose membership privileges.

Intellectual Property

It is understood and agreed by you that Owners are granting you a non-exclusive, non-transferable, non-assignable, revocable license to use our content, forms, documents and other creations (hereinafter referred to as “Licensed Materials”) that are offered as part Website/Services offered. Whether these Licensed Materials are provided via the Website, Unity Platform, blog , Offsite, or via any 3rd Party Platform (including any social media platform), the parties agree that Owners shall retain title to and all rights in the Owner provided content and related services. Including without limitation all intellectual property, know-how, or rights therein , including, without limitation any patent, copyright, trade secret trademark, and other proprietary rights, within Licensed Materials.

Member Participant’s use of Licensed Materials shall not claim ownership, authorship, nor other proprietary rights in said Licensed Materials and shall at all times comply with any additional Terms of Use as specified by Owner from time to time.

Member Participant’s use of Licensed Materials shall be undertaken with care by Member Participant so as to at all times be lawful and permitted in the said jurisdiction. The Licensed Materials shall not be used in any of the following manners, which shall be grounds for immediate and automatic termination of the license and membership:

a) Use of the Licensed Material to promote violence, sexually explicit materials, and/or discrimination based on race, sex, gender, identity, religion, nationality, disability, sexual orientation or wage.

b)Use of the Licensed Material to promote fraudulent schemes, or other illegitimate services or practices that harm Owners’ brand or reputation, or which offer no tangible business value.

c)Use of Licensed Material to promote any activity or language that we deem inappropriate or undesirable.

d)Use of the Licensed Material in any way that infringes or assists others to infringe on any copyright, trademark, or other intellectual property rights of Owners or any 3rd party or to otherwise violate the law.

e)Use of the Licensed Material in any manner intentionally or by implication that could lead customers to believe that Member is an agent or representative of Owners.

f)Use of the Licensed Material to create software or code that potentially enables diversions of business from Owners or other members of platform.

g)Use of the Licensed Material for resale to 3rd parties.

h)Use of the Licensed Material in any other way deemed unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable to Owners, in their sole discretion.

Any Member Participant’s use of Licensed Materials in a manner that does not comply with this Agreement, Guidelines or other Terms of Use specified by Owners at any time shall be grounds for immediate termination of this license to use Licensed Materials, and the Membership account of Member Participant.

Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Owners in connection with the Subscription-based Services will be the exclusive property of Owners, even if such Work Product are created at the request of and for the use of a Member Participant. Upon request, Member Participant will execute all documents necessary to confirm or perfect the exclusive ownership of Owners to the Work Product. Said Work Product will be treated as Intellectual Property and/or Licensed Material of Owners, as set forth in the preceding section of this Agreement.

Material and Content Submitted to us

Content includes messages, logos, videos, graphics, memes and other materials posted to forums, groups, or other locations on the Website/Services, or otherwise sent to us or linked from 3rd party platforms by our Member Participants (“User Generated Contributions”). Member Participants are deemed to grant us the nonexclusive right to post, display, copy, and modify the Content in connection with the operation of the Website/Services and Owners’ business and marketing. Further, the Member Participant is deemed to grant the Owners the nonexclusive right to post, display, copy, and distribute the Content within the limitations set by the Member Participant during the online publishing process and/or submission process. Member is also deemed to authorize the Owners to disclose his/her personal data when the Member Participant includes such personal data in the content. When you submit User Generated Contributions via the Website/Services or otherwise sent to us or linked from 3rd party platforms, you are deemed to have represented and warranted that all Content so submitted is either owned by you, or is submitted pursuant to a valid license/rights/permission from the Content’s owner to submit same to us. You hereby affirm that you will, upon request, provide any necessary documentation to us demonstrating any such ownership of Content or valid license/rights/permission from the Content’s owner to submit same to us.

License

We grant you a revocable, non-exclusive, non-transferable, limited license to download, view and use the Website/Services strictly in accordance with the terms of this Agreement and the Privacy Policy.

You acknowledge that these Terms of Service are a legally binding contract between you and us, subject to and to be interpreted in accord with the laws of the State of Illinois.

You agree to be bound by the terms and conditions contained in these Terms of Service. If you do not agree to any part of the Terms of Service Agreement, please do not use the Website and or our Services. In these Terms of Service “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/Services or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/Services.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Website/Services or its affiliates, partners, suppliers or the licensors of the website/Services.

Further you expressly agree and affirm that you and/or your agents will not engage in any prohibited activities, such as: (i) copying, distributing, or disclosing any part of the Website/Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website/Services in a manner that sends more request messages to the website servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from www.auntidote.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website/Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website/Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Website/Services; (viii) using the Website/Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website/Services; (xi) accessing any content on the Website/Services through any technology or means other than those provided or authorized by the Website/Services or (xii) bypassing the measures we may use to prevent or restrict access to the Website/Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website/Services or the content therein.

Accessing any audiovisual content that may be available on the Website/Services for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Website/Services. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the website/Services to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

We may, without prior notice, change the Website/Services; stop providing the Website/Services or features of the Website/Services, to you or to users generally; or create usage limits for such use. We may permanently or temporarily terminate or suspend your access to the Website/Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other users of the Website/Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users of the Website/Services, or for any User’s action or inaction.

Return and Refund Policy

In the event that we add any content, merchandise or materials to the Services that can be purchased by way of subscription, on-time payment or otherwise, we will additionally collect credit card details, as well as the mailing address and telephone number associated with a payment method.

We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products and or services.

As with any shopping experience, there are terms and conditions that apply to transactions at Website. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Website, you agree to the terms along with our Privacy Policy.

If, for any reason, You are not completely satisfied with any product and/or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product and/or service

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Website/Services shall remain the sole and exclusive property of Owners.

The Owners of the Website/Services shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We’ve updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our Website/Services, registering an account, or making a purchase, you hereby consent to our Terms of Service.

Cookies

Website uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

What types of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

How to delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Contacting us

If you have any questions about this policy or our use of cookies, please contact us.

Changes To Our Terms of Service

You acknowledge and agree that we may stop (permanently or temporarily) providing the Website/Services (or any features within the Website/Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Website/Services. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Website/Services, your account details or any files or other materials which are contained in your account, including but not limited to any materials or submissions previously submitted.

If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date below.

Modifications to Our website

The owners of the Website/Services reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Updates to Our Website/Services

We may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that we have no obligation to

(i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services and/or Links to other Websites

These Terms of Service apply only to the Services offered by us.

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

Consider our links to other websites for limited resources as suggestions only for additional information. Neither Auntidote.com nor its owners are affiliated with any of these organizations providing Third-Party Services and cannot confirm or deny the accuracy of any of the information provided. The Third-Party resources are not intended to offer a remedy for you or anyone else. We are not responsible for the content, accuracy or opinions expressed in such Third-Party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from our website to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such Third-Parties may use their own cookies or other methods to collect information about you.

You acknowledge and agree that Website shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Website does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or by us.

We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

You may also terminate this Agreement by deleting your account.

Upon termination of this Agreement, you shall cease all use of the Website/Services and delete all copies from your computer.

Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Website/Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Copyright Manager

66 Grove CT #201

Elgin, IL 60121

United States of America

co*******@au*******.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website/Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnification

You agree to indemnify and hold this Website and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any), including but not limited to Barbara Ann Perkes, Leigh Ann Mills, and Melanie Elizabeth Marcy, individually and collectively, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Website/Services; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Website/Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Owners on their own behalf and on behalf of their affiliates, and respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Website/Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Website/Services will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither we nor any Website’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Owners and any of their suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Website/Services and/or product(s) purchased via the Website/Services.

To the maximum extent permitted by applicable law, in no event shall Owners or their suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website/Services, third-party software and/or third-party hardware used with the Website/Services, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Website/Services, shall constitute the entire agreement between you and us concerning the Website/Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Owners’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND OWNERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Owners reserve the right, at their sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website/Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Website/Services.

Entire Agreement

The Agreement constitutes the entire agreement between you and us regarding your use of the Website/Services and supersedes all prior and contemporaneous written or oral agreements.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Owners, their licensors or other providers of such material (who have licensed its use to Owners) and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Owners, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR OWNERS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Owners concerning the Website/Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. This Section also doesn’t apply to any dispute under the Privacy Policy, which has its own informal and Mediation/Arbitration terms.

“Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Owners must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: of*************@au*******.com . We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Owners will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Owners may commence arbitration.

Binding Arbitration

If you and Owners don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Governing Law

You agree that: (i) the Website/Services shall be deemed solely based in Chicago, Illinois; and (ii) the Website/Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois. This Agreement shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Cook or Kane County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of the website and its Owners without any compensation or credit to you whatsoever. Website and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

By posting or otherwise making available any of your Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to The Website and its Owners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website/Services and Owners including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels and promoting the Service to other current and future Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

Promotions

Owners may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of products or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Website. Website will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Chicago Designer’s Factory LLC operates and controls the Website Service from its offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Website Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service(which include and incorporate the Website Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Website concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

We are committed to keeping the Website/Services up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to: of*************@au*******.com

We are not liable for loss as a result of inaccuracies or incompleteness, nor for loss resulting from problems caused by or inherent to the dissemination of information through the internet, such as disruptions or interruptions. When using web forms, we strive to limit the number of required fields to a minimum. For any loss suffered as a result of the use of data, advice or ideas provided via this Website or our Services, the Owners accept no liability, and expressly disclaim the same.

We shall make every reasonable effort to protect our systems against any form of unlawful use. We shall implement appropriate technical and organizational measures to this end, taking into account, among other things, the state of the art. However, we shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the website, which arises as a result of the unlawful use of its systems by a third party.

Owners are not responsible for any content, code or any other imprecision. Owners do not provide warranties or guarantees.

In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

We accept no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties.

All intellectual property rights to content on the Website/Services are vested in Owners or in third parties who have placed the content themselves or from whom we have obtained a user license.

Copying, disseminating and any other use of these materials is not permitted without the written permission of Owners except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.

If you have any questions or problems with the accessibility of the website, please do not hesitate to contact us.

MEDICAL INFORMATION DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE!

If you are in a mental health crisis, please call 911 and a mental health professional. The information, including but not limited to, text, graphics, images and other material on this Website/Service are for informational purposes only, including links to outside third-party parties. No material on the website/Services is intended to be a substitute for seeking and obtaining professional medical advice, diagnosis, and treatment. Always seek the advice of your physician, medical health professional, or other qualified health care provider with any questions you may have regarding any mental health condition or mental health crisis that you may be experiencing or believe you are experiencing. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website or its Services.

Don’t hesitate to contact us if you have any questions.

Via Email: of*************@au*******.com
Via Post: 66 Grove CT #201, Elgin, IL 60121, United States of America

Updated at January 30, 2024

Privacy Policy

Owners (“we,” “our,” or “us”) are committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by us. Primarily, we collect such information for the purpose of providing you with an outstanding service experience. We do not sell or rent your personal information to any third parties.

This Privacy Policy applies to our Website (https://www.auntidote.com/), and its associated subdomains, “auntieDirect™” and “auntieNote™”, the website and online services (collectively, our “Services”) alongside our business operations. By accessing or using our Website/Services (including by continuing to view and make use of our Website/Services), you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Definitions and key terms

To help explain things as clearly as possible the following definitions of Key Terms is hereby incorporated herein. Every time any of these terms are referenced, they are strictly defined as follows:

Cookie: small amount of data generated by a website and saved by your web It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Owner/Owners: when this policy mentions “Owner,” “we,” “us,” or “our,” it refers to the Illinois general partnership comprised of Barbara Ann Perkes, Leigh Ann Mills, and Melanie Elizabeth Marcy, located at 66 Grove CT #201, Elgin, IL 60121..
Country: where Owners are based, in this case is United State
Visitor: refers to anyone that is using the internet to access, view, use, browse, or otherwise interact with our website and site and/or makes use of our Services. It includes you if you are a Member Participant, and/or Visitor equally, and without limitation.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit the website and use the Services.
Member Participant: refers to any person/persons (over 13 years of age) who are a who registers to participate in any of our Services or otherwise make use of our offered Services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic An IP address can often be used to identify the location from which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by Owners or are under contract to perform a service on behalf of one of the parties, including but not limited to independent contractors (ie. so-called “1099 workers” pursuant to Form 1099 of the IRS) as well as employees that are employed by the owners under an employment agreement.
Personal Information: any information or data that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural
Non-Personal Information: any generic or technical information or data that is automatically collected which does not contain personally identifiable information and/or is not connected to the identity of any visitor or other person.
Service/Services: refers to the services provided by Owners as described in the relative terms on this This shall include the www.auntidote.com website, “auntieDirect™” and “auntieNote™”, and associated social media pages affiliated with any of the foregoing.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Our site, which can be accessed via this URL: https://www.auntidote.com/
You: a person or entity that using the Services, whether as a Visitor, or Member Participant.

What Information Do We Collect?

We collect information from you when you visit our website, register on our Website/Services, place an order, subscribe to our newsletter, respond to a survey or fill out a form. Personal information takes the form of either being voluntarily provided to us or automatically collected.

Personal information you give us. If you choose to use our services or request that we send information to you, you may be asked to supply personal information (specified below). For example, we use forms on this Site to allow you to contact us directly via email. We use the information provided in your email to respond to your questions or comments. We may also store your comments for future reference. Similarly, we use the information you choose to provide us to allow you to receive e-mail newsletters, or receive further information about our products, services, or events. Providing this information is completely voluntary; we do not collect personal information from you unless you provide it to us.

The type of personal information that you give us and we collect includes the following:

Username (an anonymous and unique username that you create for our Services, in line with our Guidelines and unrelated to any other username you may use elsewhere)
How you identify
Email Addresses
Age
General information about where you reside

By voluntarily providing us with your above-referenced personal information, and by using this Site, you accept this Privacy Policy and expressly consent to our use of your personal information in accordance with this Privacy Policy.

Non-Personal information we collect (automatically). As you interact with the Site, we automatically collect technical data about the pages viewed, date and time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. We do not make any association between this information and a visitor’s identity. We use cookies to identify your browser as you visit pages on this Site. Additionally, our Website employs the use of cookies in certain areas. Cookies are small bits of information stored on your browser. Cookies enable browsers to “remember” information related to a specific user, and also improve navigational reliability within a given site.

The type of non-personal information that we collect (automatically) includes:

Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name, and version, or personal IP addresses.
Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies. For example, we may automatically receive and record the following information on our server logs:
How you came to and use the website; – Device type and unique device identification numbers;
Device event information (such as crashes, system activity, and hardware settings, browser type, browser language, the date and time of your request and referral URL);
How your device interacts with our website and Services, including pages accessed and links clicked;
Broad geographic location (e.g., country or city-level area); and
Other technical data collected through cookies, pixel tags, and other similar technologies that uniquely identify your browser.
We may also use identifiers to recognize you when you access our website via an external link, such as a link appearing on a third party site

How Do We Use The Information We Collect?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
To administer a contest, promotion, survey or other site feature
To send periodic emails, newsletters, and/or updates
To Exercise our Rights, where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our terms of service.
Legal compliance: we use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
To ensure network and data security: We process your personal information to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks, and to comply with applicable security laws and regulations. The threat landscape on the internet is continuously evolving, which makes it more critical than ever that we have accurate and up-to-date information about your use of our Services.

We may use algorithms and other automated means to implement any of the above.

When do We use end user information from third parties?

We will collect only End User Data necessary to provide the Services to our Member Participants and Visitors.

End users may voluntarily provide us with information they have made available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

When do We use customer information from third parties?

We receive some information from the third parties when you contact us. For example, when you submit your email address to us to show interest in becoming a Member Participant, we receive information from a third party that provides automated fraud detection services to us. We also occasionally collect information that is made publicly available on social media websites, in addition to that social media information that you voluntarily provide. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect with third parties?

We may share the information that we collect, both personal and non-personal, with third parties such as with our current and future affiliated companies and business partners.

We may engage trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the website, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services you may purchase through the website. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.

Our website is maintained via a third party service which has its own Privacy Policy, which may be applicable to you. Here is a link to their privacy policy, and you are encouraged to read and review the same before continuing to use our service – Privacy Policy – I-Tul Design & Software

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the website in a shared location, and type of the device used to visit the website. They may aggregate information about our advertising and what you see on the website and then provide auditing, research and reporting for us and our advertisers. We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

Where and when is information collected from customers and end users?

We will only collect personal information that you voluntarily submit to us, as well as non-personal information that is automatically collected. We may also receive personal information and/or non-personal information about you from third parties as described above.

How Do We Use Your Email Address?

By submitting your email address on this website, you agree to receive emails from us (specifically to comply with 2FA, ie. two-factor authentication) and to communicate with you about content and reporting issues. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, Linked In, X (formerly Twitter), Instagram, etc., where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide Services to you and fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on file. We cannot, however, ensure or warrant the absolute security of any information you transmit to us or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Additionally, our Payment gateway, as a third party over which we have no control, has its own Privacy Policy and Terms of Use, which should be consulted by you. The information which you supply to our payment provider is not within our control and is subject to their privacy policy and terms and conditions. Your decision to authorize a payment via our Payment gateway shall constitute a representation to us that you have read, understood, and agreed to the Payment gateway’s Privacy Policy and Terms.

Could my information be transferred to other countries?

We are located and organized in United States, and Owners are domiciled in Illinois and organized as a general partnership under Illinois law. Information collected via our Website/Services, through direct interactions with you, or from use of our help services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

Is the information collected through Services secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

Can I update or correct my information?

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us (via the email of*************@au*******.com ) in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by cancelling your account. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

If you are an end user and wish to update, delete, or receive any information we have about you, you may do so by contacting the organization of which you are a customer.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of the Website/Services or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Owners, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Complaints and Dispute Resolution

If you have any complaint or concern regarding your personal information under this Privacy Policy, or arising under the Privacy Policy please contact us at of*************@au*******.com . We suggest that you put in the subject line of any email or communication “Privacy Policy” or “Privacy Complaint.” We will respond within 30 days. If this does not resolve your concern, you have the right to escalate as follows. You can exercise the rights set forth in our Mediation and Arbitration clause herein.

Mediation and Arbitration

You also agree that, in the event any dispute or claim arising out of or relating to your use of the Website/Services or this Privacy Policy that does not relate to your personal information, or relating to personal information that is not covered by the previous paragraph (ie. that has not been resolved by the informal procedure in the preceding paragraph), you and Owners will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Illinois with the American Arbitration Association, subject to their rules on Mediation, with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by Mediation, then you agree that to the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

If you and Owners do not resolve any dispute regarding use of the website or under this Privacy Policy by informal negotiation or mediation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Governing Law

This Privacy Policy is governed by the laws of the State of Illinois without regard to its conflict of laws provision.

The laws of the State of Illinois, excluding its conflicts of law rules, shall govern this Agreement and your use of the website and shall be applied with respect to any Mediation or Arbitration under the preceding terms of this Privacy Policy. Your use of the website may also be subject to other local, state, national, or international laws.

By using our Website/Services or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with or continue to use our Webiste/Services. Continued use of the Website/Services, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

Your Consent

We’ve updated our Privacy Policy to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

Links to Other Websites, Including Those of Third Parties

This Privacy Policy applies only to the Website/Services we provide. The Website/Services may contain links to other websites not operated or controlled by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

What types of cookies do we use?

Necessary cookies

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

How to delete cookies?

Contacting us

If you have any questions about this policy or our use of cookies, please contact us.

Payment Details

In respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.

Kids' Privacy

We comply with both the Children’s Online Privacy Protection Act of 1998 (COPPA) and, concerning EU data subjects, with GDPR. We do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us (via email to of*************@au*******.com ). If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from Our servers. Please notify us if you have information that any individuals under the age of 13 using our website so that we can take such action to remove such information and prevent their access to our website.

Changes To Our Privacy Policy

We may change our Services and policies, and we may need to make changes to this Privacy Policy so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete your account.

Third-Party Services

You acknowledge and agree that We shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Facebook Pixel

Facebook pixel is an analytics tool that allows you to measure the effectiveness of your advertising by understanding the actions people take on your website. You can use the pixel to: Make sure your ads are shown to the right people. Facebook pixel may collect information from your device when you use the service. Facebook pixel collects information that is held in accordance with its Privacy Policy

Tracking Technologies

Cookies
Google Analytics

We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously.

Information about General Data Protection Regulation (GDPR)

(FOR EUROPEAN UNION RESIDENTS)

Although we do not specifically target EU residents and do not at present foresee that EU residents will seek to be Member Participants, Visitors, of our Services, we nevertheless incorporate the following as part of our Privacy Policy, insofar as our collection of personal information from EU residents might occur occasionally. While we do not maintain any office in the EU and we do not maintain an EU Data Representative in the EU, it is our understanding and belief that our operations fall under the exceptions to GDPR Article 27(2) such that we are not required to maintain an EU Data Representative at this time, until and unless our operations exceed the occasional processing of personal protected information of EU residents so as to constitute “large scale processing.” Similarly, the personal information we collect does not fall under any of the categories of “special data” as foreseen by GDPR Article 9(1).

We may be collecting and using information from you if you are from the European Economic Area (EEA), and in this section of our Privacy Policy we are going to explain exactly how and why this data is collected, and how we maintain this data under protection from being replicated or used in the wrong way.

As stated previously, our operations fall under some of the exemptions from full GDPR compliance, insofar as we neither target EU residents, nor seek specially protected data, and our occasional collection of personal data on EU residents is not large scale.

This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

1) We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

2) Owners take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.

3) We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

4) Our policy complies with the United States laws accordingly implemented, including that required by the European Union General Data Protection Regulation (GDPR) and data protection regulation.

5) The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data.

6) Except as set out hereinabove and hereinbelow, we do not share, or sell, or disclose to a third party, any information collected through our website.

The operations of our Website/Services are in accordance with the European Union’s General Data Protection Regulation (GDPR). We have attempted to make the GDPR a priority, and we are and have always been fully aligned with the regulation’s intended result:

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how EU residents’ data is protected by companies and enhances the control the EU residents have, over their personal data.

The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. Our customers’ data is important irrespective of where they are located, which is why we have implemented GDPR controls as our baseline standard for all our operations worldwide.

What is personal data?

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information that could be used on its own, or in combination with other pieces of information, to identify a person. Personal data extends beyond a person’s name or email address. Some examples include financial information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual orientation, and ethnicity.

Some of the key requirements of the GDPR are:

Consent: Organizations must get consent in the form of? Collect personal data, with the level of consent varying according to the type of personal data being collected.

Data minimization: Responding to years of gratuitous collection of personal data by apps, with no clear purpose in mind, the GDPR stipulates that organizations can only collect personal data that is clearly related to a well-defined business objective. If an organization gathers personal data for one purpose but then decides it wants to use it for another purposes (such as consumer profiling), that could be considered non-compliance.

Individual rights: Another key feature of the GDPR is the very clear rights that it gives data subjects (i.e., the individuals whose personal data is being collected) to understand why their data is being collected and how it is being processed. They have the right to object, to correct—and they have the right to be erased/forgotten. They also have the right to be notified (individually) if their personal data has been breached in a way that could endanger their freedoms and rights.

The Data Protection Principles include requirements such as:

Personal data collected must be processed in a fair, legal, and transparent way and should only be used in a way that a person would reasonably expect.
Personal data should only be collected to fulfil a specific purpose and it should only be used for that Organizations must specify why they need the personal data when they collect it.
Personal data should be held no longer than necessary to fulfil its

People covered by the GDPR have the right to access their own personal data. They can also request a copy of their data, and that their data be updated, deleted, restricted, or moved to another organization.

Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals’ personal data that they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing greater fines for breach. Beyond these facts it’s simply the right thing to do. We strongly believe that your data privacy is very important and we already have solid security and privacy practices in place that go beyond the requirements of this new regulation.

Transparency - Individual Data Subject's Rights - Data Access, Portability and Deletion

We collect and process personal information about you only where we have legal basis for doing so under applicable data protection law, including under the GDPR. The legal bases will depend on the purpose for which we process your personal information. This means we collect and use your personal information only where:

We need it to provide you the Services, including to operate the Site, provide customer support and personalized features and to protect the safety and security of the Site;
It satisfies a legitimate interest (which is not overridden by your rights and interests), such as for research and development, to market and promote the Site and to protect our legal rights and interests;
You give us consent to do so for a specific purpose; or
We need to process your personal information to comply with a legal obligation.

Elsewhere above we have identified what personal information we collect both that which is voluntarily given by you with your consent, and that which is automatically collected. Those provisions are hereby incorporated again, and EU residents are instructed to refer to the rest of this Privacy Policy in full.

If you have consented to our use of personal information about you for a specific purpose, you have the right to change your mind at any time.

We may use your email address to send you newsletter or marketing emails. We will ask for your consent in line with the applicable law when you first provide your personal information. You can opt out by following the unsubscribe instructions included in these emails or you can contact us at of*************@au*******.com

In certain circumstances, you have rights under the GDPR in relation to your personal information. If we occasionally store, process, and/or transmit personal data for EU data subjects, then you must be made aware of the following rights and privileges under the General Data Protection Regulation (GDPR):

Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.

Request erasure of your personal information. You may have the right to request that personal information held about you is deleted. (“Right to be Forgotten”) The data subject shall have the right to obtain from the us the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay when various grounds apply, however when a user violates any of our terms and conditions or privacy policy or perhaps share our material without permission, such user has no right to these protection clauses, for they have waived such right to us.

Request restriction of processing your personal information. You may have the right to prevent or restrict processing of your personal information.

Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

Where you believe that we have not complied with our obligation under this privacy policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

We are committed to helping our customers meet the data subject rights requirements of GDPR. We will process or store all personal data in fully vetted, DPA compliant vendors. We do store all conversation and personal data for up to 6 years unless your account is deleted. In which case, we dispose of all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60 days.

Contact Details for GDPR (EU Residents)

Owners (the Perkes, Mills, Marcy Partnership) are the controller with regard to the processing of your personal data. We are located at 66 Grove CT #201, Elgin, IL, 60121, United States of America. If questions rise concerning this privacy statement, you can contact us via our GDPR Data Protection Officer.

Our GDPR Data Protection Officer is: Barbara Perkes, 66 Grove CT #201, Elgin, IL, 60121, United States of America.

Kindly contact our GDPR Data Protection Officer to exercise any of your rights as to personal data and information.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:

Right to Know and You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy
Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via email at of*************@au*******.com

We do not sell the Personal Information of our users.

For more information about these rights for California Residents, please contact us via email at of*************@au*******.com

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

CalOPPA users have the following rights:

Right to Know and You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy
Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have
Right to request that a business that sells a consumer’s personal data, not sell the consumer’s personal

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via email at of*************@au*******.com

We do not sell the Personal Information of our users.

For more information about these rights for residents of California, please contact us via email at of*************@au*******.com

Contact Us

Don’t hesitate to contact us if you have any questions, concerns, or comments about this Privacy Policy, and/or to exercise any of the opt-out or other rights set forth herein.

Via Email: of*************@au*******.com
Via Post: 66 Grove CT #201, Elgin, IL, 60121, United States of America

DATA PROTECTION OFFICER

Our Data Protection Officer is: Barbara Perkes, 66 Grove CT #201, Elgin, IL, 60121, United States of America

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Changes to this privacy policy may be made by us from time to time.

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