This Site is owned and operated by 2EM, LLC, donotenterdiaries.com (“2EM”).
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.
The Personal Information that the 2EM may collect from You and/or manage includes, but is not limited to
- Contact information such as email and postal addresses and telephone numbers;
- Credit card and banking information;
- name, likeness, image, portrait, photo, recorded images, voice and biographical material;
- Purchasing activities.
HOW WE OBTAIN THE PERSONAL INFORMATION
2EM may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:
- Information that You provide to Us when You initiate communications with Us, sign a Participant’s Release, become a Correspondent, subscribe to Our newsletter, respond to a survey published by Us, subscribe to or use the Services, or purchase goods and services from Us;
- Your entries for sweepstakes and other promotions provided or sponsored by Us;
- Your responses to communications from 2EM. From time to time, 2EM may communicate with You through email, postal mail or other forms of electronic communications regarding Your subscription to http://www.pairington.com. Your purchases of goods and services from Us and the Site. If You respond to these communications, Your responses may contain Personal Information; and
- Third parties to whom You have provided Your Personal Information and have consented to those third parties sale, rental or transfer of such Personal Information.
You can decline to provide Your Personal Information to 2EM by not engaging in the activities described above. If You decline to submit Personal Information, 2EM may not be able to or may choose not to provide to You some or all of the features available on the Site or some of the products or services that it offers.
Why do we collect and use personal information?
In order to:
- Administer Your accounts and subscriptions with us;
- Manage the relationship if You are a Participant or Correspondent;
- Process orders, payments or applications submitted by You;
- Customize the services we provide to You;
- Administrate or otherwise carry out our obligations in relation to any agreement You have with us including Your subscription to our service;
- Verify Your identity (for example, in the event You are a competition winner);
- Anticipate and resolve problems with any goods or services supplied to You;
- Carry out market research and tracking of sales data;
- Send You information about products and services (if You have chosen to receive such information);
Although we do not make it compulsory to give us every item of information we ask for, the more information You volunteer (and the more accurate it is), the better we can tailor our services for You.
2EM restricts access to Personal Information to those employees, contractors and agents of 2EM who need to access Personal Information for the purposes specified above. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
Certain 2EM products or services may be offered in conjunction with our carefully chosen partners such as product fulfillment partners. If in order to use that service or purchase a particular product, Your personal information needs to be shared or if our partner needs to collect and use it, then we will tell You when You first go to use that service. Please note that certain products or services may be unavailable if You do not want to disclose the personal information which is requested.
Log files/IP addresses
When You visit our Sites, we may automatically log Your IP address (the unique address which identifies Your computer on the internet) which is automatically recognized by our web server. We use IP addresses to help us administer the Site and to collect broad demographic information for aggregate use.
Non personal information
We may automatically collect non-personally identifiable information about You such as the type of Internet browsers You use, the site from which You linked to our Sites, Internet Protocol address, browser language, the date and time of Your request, date and time of access and referrer Uniform Resource Locator. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Sites. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Sites with information relating to the number of users linking to our Sites from their sites. You cannot be identified from this information.
Information placed on Your computer
When You interact with our Site, we try to make that experience simple and meaningful. When You visit our Sites, our web server sends a cookie to Your computer. Cookies are small pieces of information which are issued to Your computer when You visit a Site and which store and sometimes track information about Your use of the Site. A number of cookies we use last only for the duration of Your web session and expire when You close Your browser. Other cookies are used to remember You when You return to the Site and will last for longer.
For example, cookies ensure that You do not need to re-enter Your details every time You visit our Sites and help us to show You advertisements which are relevant to Your interests.
You can erase or block cookies from Your computer if You want to (Your help screen or manual should tell You how to do this), but certain 2EM services may not work correctly if You set Your browser not to accept cookies.
- remember that You have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
- remember Your selected country;
- customize elements of the promotional information and/or content of the pages of the Site (depending on whether You are an existing member who has logged in or are a visitor to the Site);
- collect anonymous statistical information about how You use the Site (including how long You spend on the Site) and from where You have come to the Site so that we can improve the Site and learn which parts of the Site are most popular with visitors;
- allow our partners to gather information about the pages on the Site that You visit, and also other information about other Sites that You visit, so as to place You in a “market segment”. This information includes the name of Your internet service provider. This information is then used to place interest-based advertisements on the Site which it is believed will be relevant to Your market segment.
- tracking which third party Sites You visit before and after visiting our Sites, for the purposes of our participation in third party affiliate marketing programs.
Some of the cookies used by our Sites are set by us, and some are set by third parties who are delivering services on our behalf.
Most web browsers automatically accept cookies but, if You prefer, You can change Your browser to prevent that or to notify You each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on our Sites, You may not be able to take full advantage of our Sites.
Improving our service
If You have agreed that we can, staff from 2EM, or from our agents, may contact You from time to time by e-mail or by telephone in order to get Your views and comments on the service we provide to You.
Disclosing Your information to others
Except as otherwise set forth herein, 2EM does not share Your Personal Information with third parties without Your consent, except when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce 2EM’s Terms of Service. In such circumstances, Your Personal Information may also be disclosed to 2EM’s attorneys.
Information about products and services
It is very important to us that we provide You with the highest level of service. In order to help us do this, where You have agreed to receive such information (including signing up for a 2EM newsletter), from time to time companies in the 2EM Group may send You details of products and services which we think may be of interest to You. In addition, from time to time (again, where You have agreed, including signing up for a 2EM newsletter), companies in the 2EM group may share the information You supply to us with selected third parties to enable them to send You information which may be of interest to You.
Keeping our records accurate
We aim to keep our information about You as accurate as possible. If You would like to review or change the details You have supplied us with, , please contact us as set out below. Public forums and chat rooms
Public forums and chat rooms
2EM’s Sites may make chat rooms, forums, message boards, and/or news groups available to its users. Any information that is disclosed in these areas becomes public information and You should always be careful when deciding to disclose Your personal information.
Third party sites
We cannot be responsible for the privacy policies and practices of other Sites even if You access them using links from our Sites and recommend that You check the policy of each site You visit.
“CONTACT US” INFORMATION
If You communicate with Us through the “Contact Us” section of the Site, We may ask You for Personal Information such as Your name, email address, or phone number. If You are contacting Us with respect to a customer service issue, we may use the Personal Information that You provide to contact You in order to resolve that customer service issue. If necessary to resolve Your customer service issue, the Personal Information that You provide to Us may be shared with third parties in order to resolve the issue. Please understand that by providing such information in connection with a customer service issue, You are giving Your express consent for Us to use Your Personal Information to contact and communicate with You regarding that customer service issue.
THIRD PARTY INFORMATION
2EM may collect or purchase information from third parties regarding persons who provided information to those third parties. Information provided to Us by the third party may include, but not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided to the third party. 2EM uses its reasonable best efforts to ensure that (i) the third party possesses the right to transfer the information to 2EM and (ii) 2EM has received the right to communicate with the persons who provided the information.
If the email address You provide to 2EM is a wireless address, You agree to receive messages at such address from 2EM. You understand that Your wireless carrier’s standard rates apply to these messages. You represent and warrant that You are the owner or authorized user of the wireless device on which messages will be received, and that You are authorized to approve the applicable charges associated therewith.
INFORMATION SHARING AND ONWARD TRANSFER
2EM reserves the right to sell, rent or otherwise share some or all of Your Personal Information with other companies or individuals outside of 2EM if:
- You have consented to such sale, rental or sharing; and/or
Certain areas of the Site may have additional or different terms and conditions than those addressed in this policy. If You access any of these areas, You should consult the privacy policies posted in those areas.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to firstname.lastname@example.org. For more information about protecting Your privacy, You may wish to visit: www.ftc.gov.
CHILDREN’S/MINOR’S USE OF THE SITE
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
USE OF THE SITE
You acknowledge that the personal information You provide to 2EM is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information in the United States, regardless of Your country of domicile.
By completing forms provided by 2EM and providing personal information through the Site, through any means, and by using the Site and services contained therein, You hereby represent and warrant that:
- You are an actual person of at least 13 years of age, You have the right to provide the information that You submit to 2EM, and the information You submit is accurate, complete and truthful; and
TERMS AND CONDITIONS
BY ACCESSING, BROWSING OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT:
- YOU ARE AT LEAST 13 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS;
- YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS;
- THESE TERMS AND CONDITIONS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND 2EM; AND
- IF ACCESSING, BROWSING OR USING THE WEBSITES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS AND CONDITIONS.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITES, AND, MOREOVER, 2EM DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
Important Liability Statement
- ACCURACY OF INFORMATION: It is vital that You supply us with correct information about Yourself. Some of the Services on the Websites are based on that information, and we cannot be liable for any incorrect information supplied by You to us. In order to continue to provide You with an appropriate and high quality of service, it is important that You regularly update the information that You give to us. If You do not do this, the programs which we recommend to You may become unsuitable for You.
LIABILITY: We try to make sure that all information that we post on this website (and provided by us to You as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to You. As long as we have taken these steps, we do not accept any liability for any error or omission and exclude all liability for any action You may take or loss or injury You may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any articles posted by a third party) or provided through any Service supplied by us to You.
In these terms and conditions, the following definitions apply:
1.1. “Services” means any information and services ordered and/or provided by 2EM, LLC through or via the Websites and all services offered as part of any membership subscription. Any electronic information supplied to You by 2EM will constitute part of “Service” not a Product and cancellation rights will apply and be interpreted accordingly.
1.2. “Products” means any products which may be offered for sale on the Websites.
1.3. “We,” “us,” and “our” mean 2EM.
2.1. You agree by accessing, browsing or otherwise using the Websites, the Websites and the Content are and remain the sole property of 2EM or third-party providers, as applicable. Except as expressly permitted by 2EM in writing, You agree that Your license to access, browse and/or use the Websites and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Websites and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
2.2. Except as expressly permitted by 2EM in these Terms of Conditions or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Websites, the Products, or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the marks and/or names “2EM”, “DO NOT ENTER DIARIES”, the Logo or any other colorable equivalent without the prior written authorization of 2EM.
3. Use of the Websites Generally
3.1. You may use the Websites for personal and lawful use and in accordance with these terms and You are not allowed to copy or use any material from the Websites for any commercial purpose including for selling any goods or services.
3.2. Without limiting anything else contained in this Agreement, You agree and acknowledge that:
the Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to 2EM, and that no proprietary rights therein are being transferred to You by these Terms and Conditions;
You will not, directly or indirectly:
- Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- Attempt to access or access any other user’s account;
- Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
- Attempt to elude or elude the Websites’ security systems;
- Attempt to gain access or gain access to the Websites in a fraudulent manner;
- Use the Websites for any purposes other than those intended by 2EM, as determined by 2EM in its sole discretion; or
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
3.3 You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to 2EM and that in such event money damages will not constitute sufficient compensation to 2EM; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content, Submissions and any other information contained therein, You specifically consent to 2EM obtaining injunctive relief against You in addition to any other legal or financial remedies to which 2EM may be entitled.
3.4 2EM reserves the right to modify and/or discontinue the Websites at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms and Conditions, including but not limited to the provisions of this section entitled “Use of the Websites.”
3.5 2EM may change the format and content of the Websites from time to time. You should refresh Your browser each time You visit the Websites to ensure that You download the most up to date version of the Websites.
4.1. You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to 2EM through the Websites (individually and collectively, “Submissions”), You (i) grant 2EM a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant 2EM the right to pursue at law any person or entity that violates Your and/or 2EM’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
- Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relates to and that You are not impersonating any other person;
- You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights, privacy rights or publicity rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
- Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
4.4 2EM retains the right to review and delete from the Websites any Submissions which 2EM in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates these Terms and Conditions. If notified of an allegation that the Websites contain infringing information, materials or other content, 2EM may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Websites. Notices to 2EM regarding any alleged copyright infringement should be sent to 2EM at 141 West Broadway, New York, NY 10013.
4.5 If You are a Participant, You shall also be subject to the Participant’s Release, which governs the contractual relationship between 2EM and You regarding Content and Audio/Videos as defined in that document and 2EM’s use of Your name, likeness, image, portrait, photo, recorded images and voice and biographical material.
5. Site Monitoring
5.1. 2EM may monitor or review any areas on the Websites where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these Terms and Conditions. However, 2EM does not undertake to monitor or review every posting or communication, and 2EM disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
5.2. 2EM is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Websites, including, without limitation, all third party advertising posted on the Websites. While 2EM, from time to time, may monitor the content of the Submissions and other third party communications posted on the Websites, 2EM does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Websites by users and other third parties. Any information or material placed on the Websites by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of 2EM. 2EM reserves all of its rights to discontinue in its sole discretion the services provided on the Websites in general or to any user at any time.
6. Your Personal Information
6.1. Usage of Your personal information is governed by 2EM’s Privacy & Cookies Policy, which forms part of these Terms and Conditions. In the event that 2EM undergoes reorganization or is sold to a third party, You agree that any personal information 2EM holds about You may be transferred to that reorganized entity or third party and used in accordance with the Privacy & Cookies Policy.
6.2. 2EM’s Privacy & Cookies Policy sets out how Your personal data may be shared with third parties, including operators of loyalty schemes / rewards programs under which You may collect points relating to Products and Services available through the Websites.
7.1. You are referred to the important liability statement in these terms and conditions. Subject to that statement, You agree that Your use of the Websites and the Services are on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, 2EM does not enter into conditions, warranties or other terms in relation to the Websites or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
7.2. Subject to the important liability statement, 2EM is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by You.
THE INFORMATION AND MATERIALS ON THE WEBSITES, THE PRODUCTS AND THE SERVICES ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITES ARE OPERATED AND SERVICES PROVIDED BY 2EM AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, 2EM, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “2EM BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITES OR THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE 2EM BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER THE 2EM BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITES OR THE SERVICES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITES. YOUR USE OF THE WEBSITES, THE PRODUCTS AND SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE 2EM BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, SERVICES, PRODUCTS, THE MATERIALS IN THE WEBSITES, THE DELAY OR INABILITY TO USE THE WEBSITES OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITES, PRODUCTS OR SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE 2EM BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE 2EM BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE 2EM BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
2EM’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO ALL EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF 2EM’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITES OR SERVICES OR INFORMATION PROVIDED TO OR GATHERED BY 2EM WITH RESPECT TO SUCH USE.
YOU ACKNOWLEDGE AND AGREE THAT, OUR MAXIMUM POTENTIAL LIABILITY TO YOU WITH RESPCT TO OUR PROVISIONS OF THE SERVICES IN ANY YEAR IS LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU TO US IN THAT YEAR.
8.2. There may be circumstances where access to the Websites is provided by a hypertext link located at another website. 2EM has no responsibility for the content of such other website, 2EM does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that 2EM shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. 2EM does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Websites. Unless approved in writing in advance by 2EM, You agree not to: (i) provide or create a link to the Websites; or (ii) create any frames at any other sites pertaining to any of the Content located at the Websites. You also agree not to post any materials at the Websites without the express written permission of 2EM.
9. Registration and Account Creation
9.1. 2EM may at times require that You register and/or set up an account to use certain portions of the Websites, or the Websites as a whole. In order to do so, You may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration profile on the Websites. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
10.1. As part of the Services offered via the Websites, You may be provided with an individual password which may be used to access the Websites, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep Your password confidential at all times, and must not disclose the password or permit anyone else to use Your password. Any breach of any of these terms by anyone to whom You disclose the password will be treated as if the breach had been committed by You, and will not relieve You of Your obligations under these terms and conditions.
10.2. In the event of any failure or error in the operation of a password, You shall cease using the password and exit the Websites immediately, and notify 2EM of such failure or error. Also, You must cease to use and delete the password from any of Your records upon expiry or termination of Your membership for whatever reason.
10.3. 2EM reserves the right to change Your password and user name at any time in its sole discretion and You agree to notify 2EM promptly of any changes to Your registration details.
11. Suspension and termination of Service
11.1. 2EM may suspend the operation of the Websites for repair or maintenance work or in order to update or upgrade the contents or functionality of the Websites from time to time. Access to or use of the Websites or any websites or pages linked to it will be not necessarily be uninterrupted or error free.
11.2. 2EM may terminate the Service immediately in the event You breach any of these terms and conditions or if You are late in paying or do not pay any sums due (including if the credit/charge/bank card You use is not valid or does not work for another reason).
12.1. We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
13. Contract Information
13.1. You may submit orders on the Websites, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfillment partners) have confirmed to You by email the particulars of Your order, the value of Your order and the Products or Services (as applicable) You have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You when You are able to access the confirmatory email. This will be without prejudice to Your right to cancel as outlined in these terms and conditions and to Your statutory rights as a consumer.
13.2. From time to time, the Websites may accept pre-orders for Services and/or Products that are not currently available but which are expected to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulfillment partners) have confirmed to You by email that the Services are ready to start or the Products are ready to be shipped (as the case may be). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You when You are able to access the confirmatory email. This will be without prejudice to Your right to cancel as outlined in these terms and conditions and to Your statutory rights as a consumer. Where You submit a pre-order, we do not charge Your debit/credit card the full amount until the Services are ready to start or the Products are ready to be shipped (as the case may be), but we do charge a nominal amount (typically, $2.00) at the pre-order stage (just to ensure that Your debit/credit details are correct) which we will then deduct from the balance to be automatically charged to the same debit/credit card when Your order is ready to be fulfilled.
14. Pricing, availability and shipping Information of Products
14.1. Information displayed on the Websites as to pricing and availability is subject to change by 2EM without notice. Payment for the Products will be made via the Websites in accordance with the procedure explained on the Websites.
14.2. While we aim to be accurate, any availability information or shipping estimates on the Websites in relation to Products are approximate. As we process Your order or pre-order (as the case may be), we will inform You by e-mail if any Products You order turn out to be unavailable.
14.3. Despite our best efforts, it is possible that a Product or Service may be mispriced on the Websites. We do, however, confirm prices as part of our shipping procedures. Where the actual price is lower than that stated on the Websites, we will charge the lower amount and send You the Product. If, however, the actual price is higher than that stated on the Websites, we will, at our discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
14.4. Products will be shipped by 2EM (or one of our fulfillment partners) to Your delivery address as soon as reasonably possible after acceptance of Your order and we will wherever possible confirm shipment to You by email. Please allow 7-10 working days for delivery. Delivery charges will be made in accordance with Your location and You will be informed of the relevant charge on the Websites before You confirm Your order. 2EM is not liable for loss or damage to Products in transit.
14.5. Certain Products are designed to operate in conjunction with Your mobile device (such as a smartphone or tablet). Where this is the case, it is Your responsibility to ensure You have a compatible device. Details of compatible devices are as set out on the Websites, and are subject to change from time to time.
14.6. If Your Products sustain damage during shipping, You must notify 2EM of such damage with five (5) days of Your receipt of the Products. Failure to comply with this provision will absolve 2EM of any obligation to replace or provide a refund with respect to the damaged Products.
15.1. Subject to Paragraph 14 above, 2EM warrants that the Products will be supplied with reasonable skill and care. In addition, 2EM warrants that the Products will operate materially in accordance with their respective specifications for a period of one year from delivery. A refund for the defective Product or replacement of it (at 2EM’s discretion) will be Your sole remedy for breach of the warranty with respect to the Products. 2EM’s warranty for Products is limited to Products that do not operate materially in accordance with their respective specifications due to a manufacturer’s defect. 2EM’s warranty for Products specifically excludes damage to Products caused by water, excessive heat or humidity, dropping, installation of a battery not specified for use in the Product or other improper use of the Products.
15.2. 2EM may offer specific warranties for specific Products, which warranties will be set out in the manuals packaged with or accompanying the Products.
16. Subscription Services
16.1. Some Services (such as membership in 2EM) are or may be offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. three months, six months or one year) and You may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Websites. Additionally, we may offer promotional subscription Services which offer a onetime up-front payment fee (e.g. for three months) with a commitment to subscribe for an additional longer period thereafter, e.g. the following 9 months. Monthly subscriptions may be available with a 12 month commitment or with no commitment. Payment for the Services will be made via the Websites in accordance with the procedure and pricing explained on the Websites. If You subscribe to the Services using a promotion code provided by Your employer, insurance provider or other authorized entity, You may be entitled to discount(s) relating to the price and/or length of Your subscription. Promotion codes shall only be used by persons authorized to use such codes. In the event that 2EM discovers that a user subscribes to the Services using an unauthorized promotion code, 2EM reserves the right to immediately deduct from that user’s debit/credit card the difference between the promotional rate for the Services for which the user subscribed and the appropriate individual rate applicable to the Services and commitment period subscribed to by that user. Promotion codes are nontransferable and shall not be shared or disclosed to any person not authorized to use such codes.
16.2. If You choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by charge/bank/credit card until we or You cancel Your subscription on at least 28 days’ notice by contacting us at email@example.com.
16.3. If You choose a subscription with a fixed commitment period (e.g. six months) then, whether it is pay-monthly or pay up-front, at the end of that period Your subscription will automatically convert into a pay-monthly subscription (at the same rate band at which You were paying during the fixed commitment period) which can be cancelled by us or You on 28 days’ notice (by contacting us at firstname.lastname@example.org). Where such notice is given 28 days or more prior to the end of the fixed commitment period, the subscription will end upon expiry of that period.
16.4. We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the charge/bank/credit card You tell us about upon registration. As stated above, we may suspend or cancel any Services, including Your subscription, in the event of problems with the charge/bank/credit card.
16.5. Subject to Your cooling off rights stated in clause 11 and Your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable; and Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in 2EM immediately deducting from your credit/debit card the balance of payments due for the remainder of Your commitment period.
16.6. If Your subscription begins with a promotional period, You will be automatically charged for the subscription rates to which You agreed on expiry of that promotional period unless You email us at email@example.com.
16.7. Corporate and group membership rates are only available to employees/members of the specified organization or group (or other parties such as contract staff and/or friends or family if the offer is specifically extended to such parties). Any attempt to subscribe to such a plan by a person not qualified to do so may result in 2EM immediately deducting from that person’s debit/credit card the difference between the corporate/group rate to which the person subscribed and the appropriate individual rate applicable to the Services and commitment period subscribed to by that person.
17. Cooling Off Rights
17.1. Services: You may cancel Services including any subscription within seven days after the day of ordering by contacting us by email at firstname.lastname@example.org or by writing to us at the address set out in these terms and conditions, save that this right will cease once You use Your password to log on to the members only part of the Websites or to access the Services ordered (or subscribed for) for the first time during that 7 day period.
17.2. Products: After the date on which You receive any Products, You will have a seven day “cooling off” period during which You have a right to cancel the order without charge, and return the unused Products. You may exercise that right by calling our Customer Care Team email@example.com (or such other number stated on the Websites or with the Product), notifying us of Your cancellation. Following such notice, You must return the Products covered by the cancelled order undamaged to 2EM Customer Care Returns, firstname.lastname@example.org or such other address as we may tell You at the time. Products must include the packing list along with a reason for the return, and shipped to us by certified mail (or any other delivery method requiring the recipient to sign on delivery) and include all manuals and other documentation, all in their original, undamaged packaging. You are responsible for the costs of returning the Products to us, and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event that You do not return the Products or You return them at our expense. Following You exercising Your right of cancellation, we will refund any payments made by You excepting and subject to any costs of returning the Products incurred by 2EM.
17.3. Third Party Products: You may order products, merchandise or services through the Websites from parties other than 2EM (“Third Party Products”). 2EM will make clear at the point of purchase if and from which third party You are purchasing a Third Party Product. All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between You and the party supplying the Third Party Products. 2EM provides no warranties or representations whatsoever with regard to any Third Party Product. 2EM will not be considered or be construed as a party to such transactions, regardless as to whether 2EM may have received some form of revenue or other remuneration in connection with such transactions. 2EM will not be liable for any costs or damages arising out of, either directly or indirectly to, You or any third party with respect to third party transactions or goods or services provided or obtained in connection with those transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of Your purchase together with details of Your statutory rights.
18. Statutory Rights and Refunds
18.1. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect Your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact You to discuss alternative arrangements.
19. If You are under 18
19.1. 2EM does not sell Products to children under the age of 18 on the Websites although it may sell Products suitable for children to adults.
20.1. Our promotions have terms and conditions in addition to these terms and conditions which You will need to agree to when participating in such promotions.
20.2. Where a promotion guarantees money back You must make any claim within one week of the end of the relevant period.
20.3. Where a promotion guarantees money back, the refund will be the monthly fees paid for Your online subscription, and shall exclude the cost of Your original members pack.
20.4. Finally, once again, guarantees only apply if You keep Your side of the bargain as set out in the promotion terms and conditions.
21. Third party contributions
21.1. Articles: 2EM is not able to confirm the accuracy or completeness of articles, blogs and other content on this site contributed or submitted by third parties (collectively, “Third Party Content”). You acknowledge and agree that 2EM is not and cannot be liable for any errors or other inaccuracies contained in the Third Party Content or any injuries resulting from Your reliance on Third Party Content. Again, the Websites do not provide medical advice.
22.1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 2EM AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF THE WEBSITES AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITES;
- ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS;
- ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITES; AND
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITES ACCOUNT.
24. Release for Force Majeure
24.1. You absolve and release 2EM and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which 2EM or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
25. Term and Termination
25.1 This Terms and Conditions will take effect at the time You click “I Agree” or access, browse or use the Websites or any of the Content, and continues in perpetuity unless terminated by You and/or 2EM. 2EM reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Websites and any of the Content; (ii) to change, remove or discontinue the Websites any of the Content or services available on or through the Websites; or (iii) to terminate this Terms and Conditions.
25.2 You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Websites, including, without limitation, permanently deleting all of the Content You have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon 2EM’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to 2EM will be deemed to have been duly given only if in writing and delivered by any of the following methods:
- Email sent to email@example.com
If You have any questions about this Agreement or the Websites, please send us an email to firstname.lastname@example.org
Although 2EM will in most circumstances be able to receive Your email or other information provided through the Websites (including, without limitation, service requests and other submissions), 2EM does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
Notices to 2EM shall be deemed delivered when actually received by 2EM.
Any notice or other document or communication from 2EM required or permitted hereunder will be sent to the email address that You provide when You register with the Websites. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from 2EM, You represent and warrant to 2EM that Your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
If You have any questions or complaints about the Services or someone else’s use of the Websites, then please address them to email@example.com
27.1 2EM may change these terms and conditions from time to time and will endeavor to notify You of any major changes by posting a message on the Websites. By browsing the Websites You are accepting that You are bound by the current terms and conditions. You should check these terms and conditions each time You visit the Websites. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. 2EM may delay enforcing its rights under these terms and conditions without losing them. You agree that 2EM may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving You notice.
27.2 Except as set forth otherwise herein, 2EM controls and operates the Websites from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
27.3 Access, browsing and use of the Websites, the Content, the Services, the Products and these Terms and Conditions and all matters or issues collateral thereto are all governed by the laws of the United States, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Websites.
ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A COURT LOCATED IN NEW YORK, NEW YORK. YOU AND 2EM AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN THOSE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
No delay or omission by 2EM to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms and Conditions will impair any such right or power or be construed to be a waiver thereof. Any waiver by 2EM of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.
If any portion of these Terms and Conditions is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
30. Independent Contractor
2EM is an independent contractor; nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, or agency relationship between the parties.
31. Continued Use Deemed Acceptance
2EM reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms and Conditions from time to time. After any such modification becomes effective, 2EM will deem Your continued use of the Websites or any of the Content to constitute Your acceptance of and Agreement to such modification.
32. Entire Agreement
These Terms and Conditions constitute the entire agreement between You and 2EM with respect to Your use of the Websites, the Services, the Products and the Content, and supersedes any and all prior understandings or Agreements between You and 2EM, whether written or oral. You acknowledge that, in providing You access to and use of the Websites, the Services, the Products and the Content, 2EM has relied on Your acceptance of this Terms and Conditions.