The content that appears on my website is an expression of my personal knowledge and experience as a Board Certified Nutrition Consultant and Natural Chef. I, Brooke Wilson of Summer Thyme Wellness, communicate with transparency and integrity and only work with companies and organizations that align with my personal food philosophy. I do not allow the influence of companies and organizations to alter my views on food and nutrition. I disclose all relationships with companies and organizations on this website, as well as the specific posts which are sponsored.
BROOKE WILSON OF SUMMER THYME WELLNESS DOES NOT PROVIDE MEDICAL OPINIONS OR ADVICE AND DOES NOT PROVIDE MEDICAL DIAGNOSIS OR TREATMENT. Please consult your physician or health care professional before making any decisions about your nutrition and lifestyle. Do not delay receiving treatment for any health or medical issues due to any information found on the website.
- Information Collected
At STW, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
Personally Identifiable Information Collected
You will not be required to provide us any information when you visit our Site. However, in order to fully use our Site, we may collect PII such as your name, email, date of birth, telephone number, and address and contact information. We may also collect your relevant payment or credit card information if you wish to pay for any services offered via the Site.
Whenever you use our website, we may collect non-identifying information from you, such as your IP address, age, zip code, gender, browsing history, search history, and registration history, interactions with the website, location, referring URL, browser, operating system, data usage, data transferred, and Internet Service Provider. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.
- Use of Your Information
Some of your information will be visible to other users of the Site to facilitate communication between users. We will never sell your information without your permission; however you agree that we may use your information in the following ways:
- To provide services to you and to operate the STW Site.
- To enhance or improve our users’ experiences.
- To to contact you via email or other electronic communcations.
- To share with other users and third parties as required and as permitted by you.
- To process your transactions.
- Accessing, Editing, and Removing Your Information
You will be able to access any information contained in your account through our Site. You may edit that information by removing or changing the information listed in your account. If you have any questions or wish to review, change, or access any of your information collected by us, please contact STW at email@example.com. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact STW at firstname.lastname@example.org. After you have cancelled your account please be aware that we may keep inaccessible copies of your information subject to our data retention policies.
- Third Party Access to Your Information
Although you are entering into an Agreement with STW to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Site.
- Law Enforcement
- Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying STW that you no longer wish to receive these communications, we will promptly remove you from our once we have received that request.
- Third Parties
STW or other users may post links to third party websites on Site, which may include information that we have no control over. When accessing a third party site through our Site, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
- Security Measures
We make reasonable attempts to protect your information by using physical and electronic safeguards. For this reason we may use security features to enhance our Site. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
- Age Compliance
We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Site, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.
- International Transfer
- Merger and Acquisition
In the event that STW is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
Last Modified: May 15, 2019
- Your Acceptance
Throughout this Agreement, the words “STW,” “us,” “we,” and “our,” refer to the company, Summer Thyme Wellness, as is appropriate in the context of the use of the words.
Portions of the Site may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, STW may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify STW immediately of any unauthorized use of your account or any other breach of security. STW will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by STW or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Please be aware that our Site and any information found within it are offered “as-is.” STW is offered only for informational and educational purposes only. Any methodologies or educational materials are provided merely to assist you in gaining a better understanding of the content provided. Although the methodologies may be helpful, we cannot guarantee the reliability of any methodologies and educational material found on the STW. Results achieved by our programs and/or users are neither implied nor guaranteed. You agree to release us from any liability that we may incur for providing such materials to you. You agree that any content or any other information found on the Site may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Site will result in any benefits, profits, or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site. By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from STW with respect to such actions or omissions.
STW does not provide any medical advice or diagnosis, please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription. If you are experiencing a medical emergency or believe that you have a medical issue your health care professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Site, Service, or Platform.
STW DOES NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS. STW DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION, MEDICAL SERVICES, OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION.
Please be aware that all STW Content (defined below) that is not publicly accessible, must be purchased, or is only available via account login is considered “Confidential Information”. In order to protect our educational and copyrighted content, it is important that none of our Confidential Information be disclosed. You agree for the duration of this Agreement and after the termination of this Agreement, you will not disclose any Confidential Information to any person or entity except as we may approve in writing. Additionally, you agree to use your best efforts in safeguarding our Confidential Information. In the event of any violation of this provision of the Agreement, you agree that a breach will cause irreparable damage to STW. Therefore, if you breach this provisions we will be entitled to injunctive relief, without being required to post any bond, thus restraining you from violating or continuing to violate this Agreement.
The Site and any related services provided are owned and operated by STW including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by STW on another website (collectively, the “STW Content”). The STW Content is the sole property of STW and/or its licensors. All STW Content is protected by US and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.
Use of the STW Content for any purpose not expressly permitted in this Agreement or otherwise consented to by STW is prohibited. Where you have properly paid for or are allowed to access the STW Content, we grant you a non-transferable, non-exclusive, fully revocable license to the STW Content so that you may download or print one copy of the STW Content to any single device and use one copy of the STW Content in connection with a cloud-based service provided by us. In each case the licensed copy of the STW Content is for your personal, private, non-commercial, informational and educational use only and you must keep intact all copyright and other proprietary notices contained within any STW Content. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the STW Content. Reproduction of multiple copies of the STW Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of the Company. To obtain written consent for such reproduction, please contact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROVIDED IN THESE TERMS, DOWNLOADING, COPYING OR REPRODUCING ANY STW CONTENT PROVIDED BY PB TO ANY OTHER ELECTRONIC DATABASE, HARD DRIVE OR LOCATION FOR THE PURPOSE OF RESALE, REPRODUCTION, OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS AUTHORIZED IN WRITING BY STW.
- Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
- Third Party Links
The Site may contain links to third party websites that are not owned or controlled by STW. STW has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, STW will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve STW from any and all liability arising from your use of any third-party website.
- Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your use and for any use of the STW Site made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold STW responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to STW;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but STW reserves the right to suspend or terminate any account at any time without notice or explanation.
- Intellectual Property
The name “STW,” the design of the STW Site along with STW created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to STW. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. STW reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site unless we have given you express written permission.
- License Grant
If you wish to access STW Content offered on the Site, we grant you a personal, non-exclusive, fully revocable, non-commercial, non-assignable, non-transferable, limited license to use and access our STW Content as permitted by us. Please be aware that such license grant is contingent on all proper payments. As a user, you do not receive any ownership interest in the STW Content; you merely receive the aforementioned license listed above. All rights not explicitly granted in any STW Content are expressly reserved by STW. This license shall immediately terminate upon the termination of this Agreement or any failure by you to pay. Additionally, you agree to abide by the following licensing restrictions listed below:
- You may not decompile, reverse engineer, disassemble, upload, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the STW Content or any portion of it.
- You may not share your license with any other parties unless permitted by us in writing.
- You may not violate any laws, rules or procedures of the United States.
- You may not violate any of our additional policies.
- You may not use or access the STW Content except through specific channels provided by us.
- You may not sell, lease, loan, distribute, transfer, or sublicense your access to the STW Content.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions or if we believe that your actions may harm our company, we may revoke your license to use the STW Content, at our discretion. Additionally, we may revoke or restrict your access to our Site. Failure by us to revoke your license does not act as a waiver of your conduct.
- User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. STW does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant STW, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Site.
- User Content Rules
When accessing and using our Site, you are responsible for your use of the Site and any User Content posted on the Site or via a third party social media website. In addition, without limiting the foregoing, you agree not to use the Site, including using the Site to share any User Content that:
- infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
- is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise misleading or objectionable;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
- is misleading and inaccurate, including providing reviews or comments on STW Care Providers that are not based on your experience with that Care Provider or that are not based on your own genuine opinion;
- impersonates any person or entity, including, but not limited to, a STW employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- causes the upload of any content that contains any form of destructive software;
- attempts to libel, defame, stalk, harass, bully or harm another individual who uses our Site; or
- violates any requirements, procedures, policies or regulations of networks connected to STW.
STW may terminate or suspend your use of the Site if you have violated any of the above restrictions or if STW determines that any of your behavior may harm its Site or any Services offered.
- Orders and Payment
STW may allow you to purchase products or purchase access to portions of our Site. When making a purchase you will be prompted to input your credit card information or pay through a third party payment portal. You agree that we may charge full amount listed at checkout to your credit card including taxes and other fees. Your credit card information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us.
You may terminate this Agreement by notifying us at email@example.com. Upon termination you will not be entitled to any refunds or proration of payments made except as stated in this Agreement. We may terminate your access to the Site if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the PB Site or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
- Returns and Refunds
At STW we want you to be satisfied with our products and any services offered. Please contact us within seven (7) days if you wish to have any products or services refunded. If you require a refund for anything purchased from our Site please contact us at firstname.lastname@example.org and include the reason why you are requesting a refund. For any purchases you must contact us before a refund may be issued. All refunds are determined on a case-by- case basis. Please be aware that while we generally honor all refund requests, we reserve the right to deny you a refund at our sole discretion. Specifically, we may deny your refund request if we believe you have misused our Site, behaved in a way that harms our company, disseminated any Confidential Information, or if you have violated this Agreement. Although refunds may be processed upon request, it may take some time before your refund is credited to your billing account.
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. You understand that we cannot offer you tax advice and you agree to seek tax advice from your tax professional. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
- Limitation of Liability; Representations and Warranties
USE OF THIS SITE AND ALL PRODUCTS AND ITEMS, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED HEREIN THE SITE, ANY SERVICES, ALL PRODUCTS AND ITEMS SOLD ON PB ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
- STW DOES NOT WARRANT THAT: (1) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE, STW CONTENT AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liablity to you will not exceed the total amount you have spent on your purchases via the site OR $100 USD WHICHEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by STW’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY PB CONTENT, PRODUCTS SOLD, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold harmless Summer Thyme Wellness , its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the STW Site;
- your violation of any term of this Agreement; and
- any claim that your actions harmed a third party
This defense and indemnification obligation will survive this Agreement and your use of the STW Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of STW, email@example.com.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Brooke Wilson or the Site arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in at such other location as may be mutually agreed upon by you and Brooke Wilson; (3) the arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Brooke Wilson’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures STW shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Brooke Wilson shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction.
- Class Action Waiver
You and STW agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with PB are deemed to conflict with each other’s operation, you agree that STW shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
All users who access the Site must be 18 years of age or older.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
- Electronic Communications
The communications between you and STW use electronic means, whether you visit the Site or send STW e-mails, or whether STW posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from STW in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that STW provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Updated: May 15, 2019