Terms & Conditions:
Last Updated: April 26, 2024
AGREEMENT TO TERMS:
These Terms of Use constitute a legally binding agreement made between "you," whether personally or on behalf of an entity ("you") and Through Pain Is Purpose, LLC ("T.P.I.Purpose, LLC," "Company," "we," "us" or "our"), concerning your access to and use of the www.throughpainispurpose.com website as well as any other media form, media channel, mobile website or "mobile application" related, linked, or otherwise connected thereto (collectively, the/this "Site"). "You" agree that by accessing the "Site," you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE "SITE" AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the "Site" from time to time are hereby expressly incorporated herein by reference. "We" reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. "We" will alert "you" about any changes by updating the “Last updated” date of these Terms of Use, and "you" waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. "You" will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the "Site" after the date such revised Terms of Use are posted.
The information provided on the "Site" is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the "Site" from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The "Site" is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. ), so if your interactions would be subjected to such laws, you may not use this "site." "You" may not use the "site" in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The "Site" is intended for users who are 18 years old or older. Persons under the age of 18 are not permitted to register for or use the "Site."
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated, the "Site" is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the "Site" (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by "us" or licensed to "us," and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the "Site" “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the "Site" and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that "you" are eligible to use the "Site", "you" are granted a limited license to access and use the "Site" and to download or print a copy of any portion of the Content to which "you" have properly gained access solely for your personal, non-commercial use. "We" reserve all rights not expressly granted to "you" in and to the "Site," the Content and the Marks.
USER REPRESENTATIONS:
By using the "Site," "you" represent and warrant that: (1) all registration information "you" submit will be true, accurate, current, and complete; (2) "you" will maintain the accuracy of such information and promptly update such registration information as necessary; (3) "you" have the legal capacity and you agree to comply with these Terms of Use; (4) "you" are not a minor in the jurisdiction in which you reside; (5) "you" will not access the "Site" through automated or non-human means, whether through a bot, script or otherwise; (6) "you" will not use the "Site" for any illegal or unauthorized purpose; (7) "your" use of the "Site" will not violate any applicable law or regulation.
If "you" provide any information that is untrue, inaccurate, not current, or incomplete, "we" have the right to suspend or terminate your account and refuse any and all current or future use of the "Site" (or any portion thereof).
USER REGISTRATION:
"You" may be required to register with the "Site." "You" agree to keep your password confidential and will be responsible for all use of your account and password. "We" reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS:
"We" make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the "Site." However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and "we" cannot guarantee that items will be in stock. "We" reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT:
"We" accept the following forms of payment:
-PayPal
-Discover
-American Express
-Mastercard
-Visa
"You" agree to provide current, complete, and accurate purchase and account information for all purchases made via the "Site." "You" further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that "we" can complete your transactions and contact "you" as needed. Sales tax will be added to the price of purchases as deemed required by "us." "We" may change prices at any time. All payments shall be in U.S. dollars.
"You" agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and "you" authorize "us" to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then "you" consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as "you" cancel the applicable order. "We" reserve the right to correct any errors or mistakes in pricing, even if "we" have already requested or received payment.
"We" reserve the right to refuse any order placed through the "Site." "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 payment method, and/or orders that use the same billing or shipping address. "We" reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
MAILING TERMS:
SHIPPING POLICY:
Orders are accepted 24hrs a day, every day of the week, and are processed in the order that they are received. Regular processing time is 1-5 Business Days and 7-10 Business Day for Bulk/Wholesale Orders, unless "we" are in high demand then processing time will shift to 7-10 Business Days, for all order types, before shipping (EXCLUDING WEEKENDS & NATIONAL HOLIDAYS). All orders are shipped from our McDonough, GA location via United States (USPS) Postal Service priority mail only. Due to the impacts of COVID-19, shipping may take longer than normal. Each customer will receive a confirmation email notifying them of when their order has been shipped, included in that email will be a personalized tracking number, for tracking purposes only. Through Pain Is Purpose, LLC cannot provide additional shipping information beyond what’s provided through tracking once your package is in USPS possession. USPS Priority transit times vary by state but typically delivers within 2-3 Business days. Once an item is in transit with USPS, there is no action "we" can take to expedite the delivery process. "We" are NOT responsible for any damaged, lost, or stolen packages, or shipping delays on behalf of "our" carrier.
However, all "Shipped" packages are insured with USPS Priority Mail. While "we" are not responsible for the handling of your packages by USPS during shipping, "we" will work with "you" to remediate the situation, should the products arrive damaged. "We" request that "you" provide a photo of the damaged items within 24hrs of the arrival of your package and email them to: throughpainispurpose@gmail.com
Any USPS delivery issues, regarding a lost or stolen package, should be taken directly to your local post office. "We" are not responsible for packages marked as "Delivered" but not in your possession. If after having checked with your local USPS office and the package is still not received, "you" will need to follow the USPS protocol by filing a mail theft complaint and claim with your local US Postal Inspector; along with filing a police report with your local police department to notify them of the theft. Unfortunately, the USPS clerks will not allow "you" to file a claim with them, as they have fulfilled their duty to "Deliver" the package. Upon completion of the US Postal Inspector's investigation and based on their findings, "we" will make a decision to resend your lost or stolen package. If the decision is in your favor, "you" or the USPS will be required to cover the shipping costs associated with resending the package.
INVALID ADDRESS POLICY:
Please check your shipping address for accuracy. "We" are NOT responsible for any packages being delivered to the wrong address due to the address being incorrectly entered at checkout. If a package is shipped to the wrong address due to the address being incorrectly entered at checkout and the resident of that address keeps your package, "we" are NOT responsible for refunding or resending your order.
If a package is returned to "us," by the USPS, due to an Invalid Address, "we" will contact "you," only once, for the correct address and additional shipping fees will apply due to "us" having to re-ship your order. In connection with having to leave a voicemail or email: If "we" DO NOT hear back from "you" within 7 days of "our" voicemail or email, then your order will be returned back to "us" as "our" property to either resale or to give-a-way. "We" will not be responsible for refunding your order due to your lack of consistency.
RETURN/REFUND POLICY:
Due to the personal nature of our products, "we" are unable to accept returns or exchanges. All sales are final, this policy applies towards all "website" and "in-person" transactions provided by Through Pain Is Purpose, LLC.
PROHIBITED ACTIVITIES:
"You" may not access or use the "Site" for any purpose other than that for which "we" make the "Site" available. The "Site" may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by "us."
As a user of the "Site," "you" agree not to:
1. Systematically retrieve data or other content from the "Site" to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the "Site," including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the "Site" to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the "Site" and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the "Site."
7. Trick, defraud, or mislead "us" and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the "Site" or the networks or services connected to the "Site."
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the "Site" in order to harass, abuse, or harm another person.
14. Use the "Site" as part of any effort to compete with "us" or otherwise use the "Site" and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the "Site."
16. Attempt to bypass any measures of the "Site" designed to prevent or restrict access to the "Site," or any portion of the "Site."
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the "Site" to "you."
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the "Site’s" software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the "Site" or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the "Site."
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the "Site," or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, "us" and/or the "Site."
24. Use the "Site" in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS:
The "Site" may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide "you" with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to "us" or on the "Site," including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the "Site" and through third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. "You" are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize "us," the "Site," and other users of the "Site" to use your Contributions in any manner contemplated by the "Site" and these Terms of Use.
3. "You" have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the "Site" and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or
well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the "Site" in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the "Site."
CONTRIBUTION LICENSE:
By posting your Contributions to any part of the "Site" by linking your account from the "Site" to any of your social networking accounts, "you" automatically grant, and "you" represent and warrant that "you" have the right to grant, to "us" an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images "you" provide. "You" waive all moral rights in your Contributions, and "you" warrant that moral rights have not otherwise been asserted in your Contributions.
"We" do not assert any ownership over your Contributions. "You" retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. "We" are not liable for any statements or representations in your Contributions provided by "you" in any area on the "Site." "You" are solely responsible for your Contributions to the "Site" and "you" expressly agree to exonerate "us" from any and all responsibility and to refrain from any legal action against "us" regarding your Contributions.
"We" have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the "Site;" and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. "We" have no obligation to monitor your Contributions.
GUIDELINES FOR TESTIMONIALS/REVIEWS:
"We" may provide you areas on the "Site" to leave testimonials/reviews or ratings. When posting a review, "you" must comply with the following criteria: (1) "you" should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your testimonials/reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your testimonials/reviews should not contain references to illegal activity; (5) "you" should not be affiliated with competitors if posting negative testimonials/reviews; (6) "you" should not make any conclusions as to the legality of conduct; (7) "you" may not post any false or misleading statements; (8) "you" may not organize a campaign encouraging others to post reviews, whether positive or negative.
"We" may accept, reject, or remove testimonials/reviews in our sole discretion. "We" have absolutely no obligation to screen testimonials/reviews or to delete testimonials/reviews, even if anyone considers testimonials/reviews objectionable or inaccurate.
Testimonials/Reviews are not endorsed by "us," and do not necessarily represent our opinions or the views of any of our affiliates or partners. "We" do not assume liability for any review or for any claims, liabilities, or losses resulting from any testimonial/review. By posting a testimonial/review, "you" hereby grant to "us" a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE:
Use License:
If "you" access the "Site" via a mobile application, then "we" grant "you" a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by "you," and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
"You" shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by "us" or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices:
The following terms apply when "you" use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the "Site:" (1) the license granted to "you" for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) "We" are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and "you" acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, "you" may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) "You" represent and warrant that (i) "you" are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) "you" are not listed on any U.S. government list of prohibited or restricted parties; (5) "You" must comply with applicable third-party terms of agreement when using the mobile application, e.g., if "you" have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; (6) "You" acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SOCIAL MEDIA:
As part of the functionality of the "Site," you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) Providing your Third-Party Account login information through the Site; or (2) Allowing "us" to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. "You" represent and warrant that you are entitled to disclose your Third-Party Account login information to "us" and/or grant "us" access to your Third-Party Account, without breach by "you" of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating "us" to pay any fees or making "us" subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting "us" access to any Third-Party Accounts, "you" understand that (1) "We" may access, make available, and store (if applicable) any content that "you" have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the "Site" via your account, including without limitation any friend lists and (2) "We" may submit to and receive from your Third-Party Account additional information to the extent "you" are notified when "you" link your account with the Third-Party Account. Depending on the Third-Party Accounts "you" choose and subject to the privacy settings that "you" have set in such Third-Party Accounts, personally identifiable information that "you" post to your Third-Party Accounts may be available on and through your account on the "Site."
Please note: That if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the "Site." "You" will have the ability to disable the connection between your account on the "Site" and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. "We" make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and "we" are not responsible for any Social Network Content. "You" acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing "you" of those contacts who have also registered to use the "Site." "You" can deactivate the connection between the "Site" and your Third-Party Account by contacting "us" using the contact information below or through your account settings (if applicable). "We" will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS:
"You" acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the "Site" (“Submissions”) provided by "you" to "us" are non-confidential and shall become our sole property. "We" shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to "you." "You" hereby waive all moral rights to any such Submissions, and "you" hereby warrant that any such Submissions are original with "you" or that "you" have the right to submit such Submissions. "You" agree there shall be no recourse against "us" for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT:
The "Site" may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by "us," and "we" are not responsible for any Third Party Websites accessed through the "Site" or any Third-Party Content posted on, available through, or installed from the "Site," including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by "us." If "you" decide to leave the "Site" and access the Third-Party Websites or to use or install any Third-Party Content, "you" do so at your own risk, and "you" should be aware these Terms of Use no longer govern. "You" should review the applicable terms and policies, including privacy and data gathering practices, of any website to which "you" navigate from the "Site" or relating to any applications "you" use or install from the "Site." Any purchases you make through Third-Party Websites will be through other websites and from other companies, and "we" take no responsibility whatsoever in relation to such purchases which are exclusively between "you" and the applicable third party. "You" agree and acknowledge that "we" do not endorse the products or services offered on Third-Party Websites and "you" shall hold "us" harmless from any harm caused by your purchase of such products or services. Additionally, "you" shall hold "us" harmless from any losses sustained by "you" or harm caused to "you" relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT:
"We" reserve the right, but not the obligation, to:
Monitor the "Site" for violations of these Terms of Use; (2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) In our sole discretion and without limitation, notice, or liability, to remove from the "Site" or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) Otherwise manage the "Site" in a manner designed to protect our rights and property and to facilitate the proper functioning of the "Site" and the Marketplace Offerings.
PRIVACY POLICY:
"We" care about data privacy and security. Please review our Privacy Policy posted on the "Site." By using the "Site" or the Marketplace Offerings, "you" agree to be bound by "our" Privacy Policy, which is incorporated into these Terms of Use. Please be advised the "Site" and the Marketplace Offerings are hosted in the United States.
If "you" access the "Site" or the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the "Site," "you" are transferring your data to the United States, and "you" expressly consent to have your data transferred to and processed in the United States.
COPYRIGHT INFRINGEMENTS:
"We" respect the intellectual property rights of others. If "you" believe that any material available on or through the "Site" infringes upon any copyright "you" own or control, please immediately notify "us" using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law "you" may be held liable for damages if "you" make material misrepresentations in a Notification. Thus, if "you" are not sure that material located on or linked to by the "Site" infringes your copyright, "you" should consider first contacting an attorney.
TERM AND TERMINATION:
These Terms of Use shall remain in full force and effect while "you" use the "Site." WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE "SITE" AND MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. "WE" MAY TERMINATE YOUR USE OR PARTICIPATION IN THE "SITE" AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If "we" terminate or suspend your account for any reason, "you" are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if "you" may be acting on behalf of the third party. In addition to terminating or suspending your account, "we" reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS:
"We" reserve the right to change, modify, or remove the contents of the "Site" at any time or for any reason at our sole discretion without notice. However, "we" have no obligation to update any information on our "Site." "We" also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. "We" will not be liable to "you" or any third party for any modification, price change, suspension, or discontinuance of the "Site" or the Marketplace Offerings.
"We" cannot guarantee the "Site" and the Marketplace Offerings will be available at all times. "We" may experience hardware, software, or other problems or need to perform maintenance related to the "Site," resulting in interruptions, delays, or errors. "We" reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the "Site" or the Marketplace Offerings at any time or for any reason without notice to "you."
"You" agree that "we" have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the "Site" or the Marketplace Offerings during any downtime or discontinuance of the "Site" or Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate "us" to maintain and support the "Site" or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW:
These Terms of Use and your use of the "Site" and Marketplace Offerings are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State/Commonwealth of Georgia, without regard to its conflict of law principles.
DISPUTE RESOLUTION:
Binding Arbitration:
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. "YOU" UNDERSTAND THAT WITHOUT THIS PROVISION, "YOU" WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Henry County, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Henry County, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the "Site" be commenced more than (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions:
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) No arbitration shall be joined with any other proceeding; (b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration:
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS:
There may be information on the "Site" that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. "We" reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the "Site" at any time, without prior notice.
DISCLAIMER:
THE "SITE" IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. "YOU" AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, "WE" DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE "SITE" AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. "WE" MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE "SITE’S" CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS "SITE" AND "WE" WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE "SITE," (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE "SITE," (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE "SITE" BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE "SITE." "WE" DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE "SITE," ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND "WE" WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN "YOU" AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, "YOU" SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY:
IN NO EVENT WILL "WE" OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO "YOU" OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE "SITE," EVEN IF "WE" HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO "YOU" FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO "YOU," SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO "YOU," AND "YOU" MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION:
"You" agree to defend, indemnify, and hold "us" harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) Use of the "Site;" (3) Breach of these Terms of Use; (4) Any breach of your representations and warranties set forth in these Terms of Use; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) Any overt harmful act toward any other user of the "Site" with whom you connected via the "Site." Notwithstanding the foregoing, "we" reserve the right, at your expense, to assume the exclusive defense and control of any matter for which "you" are required to indemnify "us," and "you" agree to cooperate, at your expense, with our defense of such claims. "We" will use reasonable efforts to notify "you" of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA:
"We" will maintain certain data that "you" transmit to the "Site" for the purpose of managing the performance of the "Site," as well as data relating to your use of the "Site." Although "we" perform regular routine backups of data, "you" are solely responsible for all data that "you" transmit or that relates to any activity "you" have undertaken using the "Site." "You" agree that "we" shall have no liability to "you" for any loss or corruption of any such data, and "you" hereby waive any right of action against "us" arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES:
Visiting the "Site," sending us emails, and completing online forms constitute electronic communications. "You" consent to receive electronic communications, and "you" agree that all agreements, notices, disclosures, and other communications "we" provide to "you" electronically, via email and on the "Site," satisfy any legal requirement that such communication be in writing. "YOU" HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY "US" OR VIA THE "SITE." "You" hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS:
If any complaint with "us" is not satisfactorily resolved, "you" can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS:
These Terms of Use and any policies or operating rules posted by "us" on the "Site" or in respect to the "Site" constitute the entire agreement and understanding between "you" and "us." Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. "We" may assign any or all of our rights and obligations to others at any time. "We" shall NOT be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the "Site." "You" agree that these Terms of Use will not be construed against "us" by virtue of having drafted them. "You" hereby waive any and all defenses "you" may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US:
In order to resolve a complaint regarding the Site or to receive further information regarding use of the "Site," please contact us at:
Through Pain Is Purpose, LLC
1200 Towne Centre Village Dr., Unit 2310
McDonough, GA 30253
United States
throughpainispurpose@gmail.com