Zero Flakes Given, LLC (“we” “us” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.
By accessing the Site, ordering our products and/or using our services, you are consenting to the collection of Personal Information and use practices described in this Policy, as modified from time to time by us in our sole discretion.
SECTION 1 - WHAT DO WE COLLECT? WHAT DO WE DO WITH YOUR INFORMATION?
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, operating system, IP address, time zone, and some of the Cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site), and to assess the success of our marketing and advertising campaigns.
When you purchase something from our store as part of the buying and selling process, we collect other personally identifying data and information from you, such as your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
In addition to the uses set forth elsewhere in this Policy, we may use Personal Information about you for various purposes, including to:
SECTION 2 – CONSENT
How do you get my consent?
You consent to our collection and use of Device Information by using or accessing the Site.
You consent to our collection and use of Order Information when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase.
We will ask directly for your express consent to use your Order Information for a secondary reason, like marketing, or provide you with an opportunity to say no.
How do I withdraw my consent?
You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us via email at email@example.com or via mail at Zero Flakes Given, LLC, 433 Broadway, Suite 521, New York, NY 10013, Attn: Ross Goodhart.
If you decide you don’t want to receive marketing emails from us, you can opt out of marketing emails by clicking the “Unsubscribe” link in our emails, or emailing us at firstname.lastname@example.org.
SECTION 3 - DISCLOSURE
Subject to the terms of this Policy, we shall never sell, rent, share or otherwise distribute or make available your Personal Information to third parties outside of our group of companies without your consent, except that we may access, use, preserve, and disclose your Personal Information to third parties if we believe in good faith that it is reasonably necessary to:
California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, including under the California Consumer Privacy Act of 2018 (“CCPA”). To learn more about your California privacy rights under the CCPA, visit https://oag.ca.gov/privacy/ccpa.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
In addition, California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, email us at email@example.com, or write to us at Zero Flakes Given, LLC, 433 Broadway, Suite 521, New York, NY 10013, Attn: Ross Goodhart.
SECTION 4 – RETENTION OF PERSONAL INFORMATION
We will only retain your Personal Information for as long as necessary to fulfil the purpose we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We retain Personal Information for the duration of any actively engaged user of our Site and services and for a period after this time as necessary and relevant to our legitimate operations and in accordance with applicable law obligations. This may include retention necessary to identify, issue or resolve legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.
SECTION 5 – INTERNATIONAL USERS
Our Site is based in the United States. If you are visiting from the European Union or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.
Users in the European Economic Area (the “EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following information applies.
SECTION 6 –SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 7 - THIRD-PARTY SERVICES
In general, the third-party service providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.
For those providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by those providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Policy or our website’s Terms of Service.
When you click on links on our store, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 8 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer (SSL) technology and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and that therefore the confidentiality of your Personal Information provided or transmitted via our Site or by e-mail cannot be guaranteed by us. Thus, we are not responsible or liable for the security of your Personal Information whilst in transit via the Internet to us.
By using the Site or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending a message. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us via email at firstname.lastname@example.org] or by mail at: Zero Flakes Given, LLC, 433 Broadway, Suite 521, New York, NY 10013, Attn: Ross Goodhart.
SECTION 9 – COOKIES
Here is a list of Cookies that we use and a brief description of the services they provide. We’ve listed them here so you that you can choose if you want to opt-out of Cookies or not. Most browsers also allow you to block and delete cookies. However, if you do that, your ability to use some of the features on the Site may be affected. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
Google Analytics & Interest-Based Online Advertising
As you navigate through and interact with our Site, we may utilize automatic data collection technologies (such as Google Analytics) to collect anonymized information about your Site visit. We do this to help us estimate the size of our audience and their usage patterns in order to improve the user experience for everyone.
Data collected may include, but is not limited to, demographic information like age and gender, system details like your browser version and operating system, your mobile device type if accessing the Site on your phone or tablet, onsite behavior like which pages on our Site that you visited and how long you stayed, and whether or not you completed any actions like making a purchase or signing up for our mailing list. Nothing collected is personally identifiable.
You have the right to update, correct, or modify information we may have about you at any time by logging into your account, or emailing us at email@example.com.
You may also adjust your ad personalization settings directly with Google in their “Ad Personalization Settings” link: https://adssettings.google.com/authenticated page.
We have enabled the following tracking features within Google Analytics: Demographics and Interest Reports, Advertising Reporting Features, and Remarketing.
Users who wish to not have their data collected with Google Analytics can install the opt-out browser add-on, which prohibits information from being sent to Google Analytics.
To opt out, visit the Google Analytics opt-out page link: https://tools.google.com/dlpage/gaoptout and install the add-on for your browser.
Another option is by visiting the Network Advertising Initiative Opt-Out link: http://optout.networkadvertising.org/?c=1#!%2Fpage.
SECTION 10 - AGE OF CONSENT
Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 13 should not provide any Personal Information. We will not knowingly collect, use, or disclose Personal Information from a child under the age of 13, without obtaining prior consent from a person with parental responsibility (parent, guardian). We ask that parents supervise their children while online. If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please email us at firstname.lastname@example.org.
We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. Your use of the Site signifies your acceptance of this Policy. If you do not agree to the terms of this Policy, please do not use the Site.
If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business or any of the services to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Policy unless we notify you otherwise.
SECTION 12 – TRADEMARK RIGHTS
We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without our express written consent.
SECTION 13 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, contact our team via email at email@example.com or by mail at Zero Flakes Given, LLC, 433 Broadway, Suite 521, New York, NY 10013, Attn: Ross Goodhart.
Effective Date: April 15, 2020
This website is operated by Zero Flakes Given, LLC (“Zero Flakes Given”). Throughout the site, the terms “we”, “us” and “our” refer to Zero Flakes Given. Zero Flakes Given offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the site, nor may you attempt to gain access to information or control of the site not specifically granted to you.
You agree that any order placed by you on our site is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
You must not knowingly provide or post any false, misleading, or fraudulent information.
Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Please note that if you are accessing the site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
SECTION 5 - PRODUCTS OR SERVICES (as applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – RETURN AND REFUND POLICY
In the event that you are unhappy with any of the products you purchased from our site, please reach out to us at firstname.lastname@example.org within thirty (30) days of your purchase to be eligible for a refund, replacement or exchange. If thirty (30) days have elapsed since your purchase, we cannot offer you a refund, replacement or exchange. Upon receipt of your request, we will determine whether or not a refund or exchange is appropriate. Once we receive your refund request, we will provide clear instructions on how or if to return the products to us. We do not accept returns of products that have been emptied. If we so determine that the product should be returned, you will be responsible for the shipping costs to return any products. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Once your return is received, we will send you an email to notify you that we have received the returned products. We will also notify you by email of our approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a reasonable time following approval.
Products not purchased from our site cannot be returned or refunded. Please do not send the products back to the manufacturer.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control and/or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or websites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party websites is entirely at your own risk.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You acknowledge that you are responsible for any material you may submit via the site or otherwise to Zero Flakes Given, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the site or otherwise communicate to Zero Flakes Given any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the site.
If you submit material via any means to Zero Flakes Given, unless we indicate otherwise, you grant Zero Flakes Given and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Zero Flakes Given is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how that you or individuals acting on your behalf provide to Zero Flakes Given (“Comments”). You grant Zero Flakes Given and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Zero Flakes Given for all claims resulting from the content you supply.
If you provide to us any Comments, whether related to the site or otherwise, you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place Zero Flakes Given under any fiduciary or other obligation to you.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.
We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, based solely at our discretion, or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION
In the event the site is ever structured such that you are able to create an account on the site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Zero Flakes Given and its affiliated entities.
SECTION 12 – MINORS AND CHILDREN
The site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the site unsupervised or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Zero Flakes Given does not endorse any of the products or services identified on such sites.
SECTION 13- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Zero Flakes Given, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no case shall Zero Flakes Given be liable for any recommendations, health claims, statements or any other advice or information provided on the site or through any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless Zero Flakes Given and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the site; any material you transmit using the site; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
SECTION 17 - COPYRIGHT AND INTELLECTUAL PROPERTY
The content of the Service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the exclusive property of and owned by Zero Flakes Given or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in this Section 18, nothing contained on our site shall be interpreted or construed as granting you a license or a right to use any such content of our site.
All of the content made available through the site, including, but not limited to, all text and images (“Content”), and all software used to make the site available are and shall remain the property of Zero Flakes Given and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time, we may permit you to download and view one (1) copy of selected Content on the site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Zero Flakes Given to access and use the site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Zero Flakes Given, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the site, or any Content made available through the site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Zero Flakes Given or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Zero Flakes Given, whether registered or unregistered, may not be used in connection with any product or service that is not Zero Flakes Given’s. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Zero Flakes Given’s trade names, trademarks or service marks without our express prior written consent. Zero Flakes Given will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
You agree that Zero Flakes Given, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the site, and remove and discard any content within the site, at any time and for any reason. In such event and with respect to any use of the site on a mobile device, you must immediately remove the site from your mobile device, including all component parts. You agree that any actions taken under this Section 20 may be effective without prior notice to you.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and all policies and operating rules posted by us on this site or with respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware without regard to any conflict of laws principles.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 24 - CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that Zero Flakes Given has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices sent under this Section may be mailed to:
Zero Flakes Given, LLC
433 Broadway, Suite 521
New York, NY 10013
Attn: Ross Goodhart
Notices sent under this Section may be emailed to firstname.lastname@example.org.
SECTION 25 - COMMUNICATION
We may communicate with you by email or by posting notifications on this website. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Effective Date: April 15, 2020