These Terms require all disputes between us to go through binding arbitration instead of government court. That means you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions in court. You can opt-out of arbitration for thirty (30) days after you first agree to these Terms. To opt-out, see Section 9(k) under Dispute Resolution below.
1. Introduction
This is a contract between you and us. You can contact us if you have any questions or concerns. If you do not understand or agree to these Terms, don’t use the Platform.
The Agreement:
By accessing or using our Platform, you agree to be bound by these Terms of Use (“Terms”) and Our Policies described below (together, the “Agreement”). The Agreement governs your use of the online platform and other products and services (which we call the “Platform”) made available by Cornily, LLC (“we”, “us”, “our” and “Cornily”). In these Terms, “you” and “your” means you, as a user of the Platform.
Please read the Agreement carefully before you accept it. If you do not accept, or cannot understand, anything in the Agreement, stop using the Platform immediately.
Updates:
These Terms are effective as of the Last Updated date above. As the Platform changes, we may update these Terms from time to time by posting a new version and updating the Last Updated date.
We’ll do our best to notify you if we make significant changes. For example, we may email the address in your Account or place a temporary notice on the Platform homepage. Changes to these Terms do not create a renewed opportunity to opt out of arbitration (if applicable).
But it’s your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Platform after the Last Updated date, you accept the current Terms.
If you do not accept a change to the Terms, stop using the Platform immediately.
Contact Us:
You may contact us regarding the Platform or these Terms via our contact page, text at +1(213) 320-5214 or email at [email protected] with “Terms of Use” in the subject line of your email.
2. Eligibility and Responsibilities
To use the Platform, you must comply with these restrictions.
(a) Age: You must be 16 or older to use the Platform, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Platform if your parent or guardian accepts these Terms on your behalf prior to use of the Platform. By using the Platform, you affirm that you are of legal age to enter into the Agreement and to use the Platform.
(b) You are responsible for all your activity in connection with the Platform. This includes any Product you choose to purchase, any content you send through the Platform and the accuracy of any information you give us so that we can provide the Platform to you. Most importantly, you represent and warrant that you will not use the Platform in any way that violates applicable law, Outside Terms or our Policies.
3. Other Applicable Terms
Our policies and certain third-party terms apply to you when using the Platform.
(a) Our Policies. These policies and terms also form part of the Agreement between us (collectively, “Our Policies”):
(i) our Privacy Policy, which governs our use of personal information and explains your rights and choices, including, if you subscribe to our messages, how to unsubscribe;
(ii) any other policies or operating rules we post on the Platform.
We may update any of Our Policies in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.
(b) Outside Links, Materials and Terms. The Platform may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.
The Agreement does not apply to Outside Materials. We are also not a party to Outside Terms. By using the Platform, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Platform.
If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.
4. Access
(a) Access information. Your use of the Platform may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”), including to register an account on the Platform (an “Account”). Customer Data is governed by our Privacy Policy, like all personal information you provide to us.
(i) You agree to provide us with accurate, complete and updated Customer Data, including for your Account. We may reject or require that you change any Platform-specific information, such as your username or password, in our sole discretion. You represent and warrant that your Customer Data, including Account information, remains accurate and complete. You acknowledge and agree that we have no liability for errors and omissions in your Customer Data.
(ii) Contact us immediately if you know or suspect that (1) your Account or password has been stolen, misappropriated or otherwise compromised, or (2) any unauthorized use of your Account.
(iii) We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.
(b) Suspension and Termination. We reserve the right to suspend, disable, or delete your Account and/or access to the Platform (or any part of the foregoing) with or without notice, for any or no reason.
(c) Terms Survive. If your access is severed or your Account is deleted or terminated by you or us for any reason, these Terms remain enforceable, and you will not be entitled to any refund for purchases made (except as allowed by our Returns and Exchange page). Termination will not limit any of our other rights or remedies at law or in equity. Your information will be maintained and deleted in accordance with our Privacy Policy.
5. Orders for Products
You agree to pay us in full when you order our Products or services. See our Refunds and Exchanges page for return and refund eligibility.
(a) Products. The Platform allows you to purchase physical or digital products (“Products”). Products may have limited quantities and are subject to refund, return or exchange only according to our Refunds and Exchanges page. While we try to maintain the accuracy of the Services, we are not responsible or liable if any Product or other information is not accurate, complete or current. In particular:
(i) Products may occasionally be mispriced, described inaccurately or unavailable, for example, due to delay or disconnection with our inventory or pricing systems, or the provision of advertising on other websites.
(ii) Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
(iii) No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings and your surroundings all affect how you perceive electronic depictions of our Products.
(b) Availability; Pricing; Limits. We reserve the right, but are not obligated, to:
(i) reprice or discontinue any Product for any reason at any time;
(ii) limit the sale or availability of Products in any area or jurisdiction;
(iii) limit quantities of products available per order, household or user, or cancel orders in excess of those quantities;
(iv) refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers or distributors.
We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.
(c) Payment. You acknowledge and agree that all information you provide to purchase Products, such as your credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, such as any credit card information you provide.
When you purchase Products, you (a) agree to pay the price for such Products, any shipping and handling charges and all applicable taxes, as set forth in the final page of the ordering process (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount.
The Platform may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of shipment or provision of the applicable Product.
Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. As of the Last Updated date above, payment can be made by credit card, debit card, Klarna and PayPal. Orders will be processed once payment has been received in full.
(d) Order Acceptance; Shipment. Once we receive your order for a Product, we will provide you with an order confirmation. Your order confirmation confirms that we received your order, but does not signify our acceptance. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.
You may track your Order status here. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).
6. Content
Except for your content, we own everything on and about the Services. If you provide content on the Services, you unconditionally license it to us for free.
(a) Our Content
(i) Other than Your Content, all content, information and presentation on the Services (“Our Content”), is the property of the Company or one of our licensors (collectively, “Partners”). Our Content includes everything about the Services—from their look and feel to specific images to backend computer code. None of the Our Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You may only use Our Content in a manner fully consistent with the Agreement. Any other use of the Our Content is strictly prohibited.
(ii) All trademarks, logos, trade dress and service marks on the Services are trademarks of the Company or a Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Partner.
(b) Your Content
(i) Our Services may allow you to post certain comments, content or other materials onto the Services (e.g., through product reviews or community sections of the Services). In addition, we may use the functionality provided by third party social networks (e.g., Instagram) to re-post on our Services posts you have made through such networks using a specific hashtag or other tag we have identified for use with this feature. By submitting comments, content or other materials in either manner (“Your Content”), you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Services. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
(ii) Keep in mind that any of Your Content that you post or make available to us through a social network may be made public on the Services. This includes your photo or any personal information you may include in Your Content. Don’t provide anything in Your Content you do not want to become public.
(c) License to use. You may use the Services and Our Content solely for personal and non-commercial purposes. All rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms of Use.
7. Acceptable Use
You must not access or use the Platform in any manner that is not permitted by these Terms. For example, you may not:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information obtained or originating on the Platform;
- use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
- exploit the Platform for any commercial purpose, such as communicating or facilitating any commercial advertisement or solicitation;
- duplicate, decompile, reverse engineer, disassemble or decode the Platform, or attempt to do any of the same;
- use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Platform;
- access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party’s access to or use of the Platform or use any device, software or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;
- use any robot, spider, crawlers or other automatic device, process, software or query that intercepts, mines, scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- use the Platform for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your use of the Platform.
8. Disclaimers, Limits on Liability & Indemnification
THIS SECTION IS IMPORTANT. YOU AGREE TO READ IT IN FULL.
Our Products and Platform are provided ‘as is.’ We make no representations about our Products or the content or features of our Platform.
(a) Warranties.
(i) All Products and the Platform are provided “as is” without warranty of any kind, except where these Terms specifically stated otherwise. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.
(ii) Use of the Platform and the transmission of messages through the Platform is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Platform will create any warranty that is not expressly stated in these Terms.
(iii) Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
Each of us can only be liable to the other for direct damages—but no more than $100 or, if higher, the amount you spent on Products during the past year.
(b) Limitations of Liability. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of the Agreement for:
(i) Any indirect, special, incidental, or consequential damages of any kind, or
(ii) Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us for paid Platform in the three-month period preceding the applicable claim.
For clarity, this means we will not be liable for: unauthorized access to or loss of Customer Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to the Agreement— even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur certain damages, and even if the limited remedies available to you under the Agreement fail of their essential purpose. In each case, however, these limitations apply only to the extent they are not prohibited by applicable law.
You must indemnify us if a third party sues us based on your use of the Platform or your violation of the Agreement or the law.
(c) Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Cornily, LLC, its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to (i) your use of the Platform (including any actions taken by a third party using your access to Subscriptions), and/or (ii) your violation of the Agreement or of law.
In the event of such a claim, suit, or action, we will notify you using the contact information we have for your Account or in connection with your use of the Platform (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder). This obligation will survive any suspension, termination or cessation of your use of the Platform.
9. Additional Provisions
(a) Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any intellectual property or proprietary rights therein, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
(b) Modifications of Platform. We may change or discontinue any aspect, service or feature of the Platform at any time, in our sole discretion.