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TERMS AND CONDITIONS

Effective Date: 11/01/18

Welcome to www.boldlyandco.com. These Terms & Conditions (“Terms”) are a legal agreement between you and Boldly + Co. LLC (“Boldly,” “we,” “us,” or “our”) that governs your access to and use of www.boldlyandco.com and all subdomains thereof (the “Site”), including the product ordering process and all related webpages, downloadable materials, information, photos, and other materials, documentation, blog posts, or content that appears on the Site (“Content”). References to “you” or “your” mean anyone who visits the Site, makes a purchase on the Site, accesses or downloads Content, or registers for an Account.  Your access to and use of the Site, Content, or your Account is conditioned upon your acceptance of these Terms and our https://www.boldlyandco.com/privacy-policy, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before accessing or using the Site.

BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR CONTENT, MAKE A PURCHASE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION 23.

  1. Changes to these Terms. We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these Terms for changes and you can review the most current Terms at any time at: https://www.boldlyandco.com/terms-and-conditions. The updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to updated Terms, you should stop using the Site before the Effective Date. Your continued use of the Site after the Effective Date will constitute your acceptance of the updated Terms.
  2. Permitted Use; No Distribution. Except for the limited right to use the Site and view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or Content without express written permission from Boldly. You may only use the Site for personal, non-commercial purposes. All products and content produced by Boldly is for personal, non-commercial use and may not be reproduced in any form unless otherwise expressly permitted by Boldly. No right, title or interest in or to any trademark, service mark, logo or trade name of Boldly or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content.  You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of Boldly.  Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited.  You may not use the Site or Content for any illegal purpose.  Use of the Content for any purpose other than what is described in this Section is prohibited.
  3. Privacy. Boldly respects and is committed to protecting your privacy. When you visit the Site, you authorize Boldly to automatically collect information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.
  4. Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. Boldly does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content.  Linked Sites are governed by their own terms of use and privacy policies.
  5. Account Registration. You may register for an account on the Site (“Account”) in order to access certain features. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, and more. When you register for an Account, you must provide Boldly with your current, complete, and accurate information, including your first and last name, email address, and a password selected by you. Your login and password may only be used by you and you are responsible for keeping your user password confidential. We may also ask for your date of birth in order to verify your age. Children under the age of 13 are prohibited from using the Site or registering for an Account. You are responsible for all activity that occurs under your Account and you agree that Boldly may attribute all use of your Account to you. Please notify us immediately if you suspect any unauthorized use of your Account or any other breach of security.
  6. Product Prices and Availability; Cancellation. Current prices for products and services are described on the Site.  Boldly may change pricing at any time at its sole discretion. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. Boldly reserves the right to change or discontinue any product or service at any time and without notice. Boldly further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled, limited, or delayed, Boldly will contact you.
  7. DMCA POLICY
    1. REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
      1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: Your physical or electronic signature; Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; A statement that the information in the written notice is accurate; A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please provide this directly to Nina Ferraro at nina@boldlyandco.com.
      2. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
    2. COUNTER-NOTIFICATION PROCEDURES
      1. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following: Your physical or electronic signature; An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue. Completed Counter-Notices should be sent to: Nina Ferraro at nina@boldlyandco.com.
      2. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
      3. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  8. Shipping. All sales are FOB shipment origin. Risk of loss passes to you upon shipment of the product from our facilities, and the occurrence of any damage during shipment will not relieve you from making payment of the balance of the purchase price. Boldly will ship products to customers overseas. Tariffs and taxes may be imposed for international customers which are not implemented by Boldly and beyond our control. Additional fees may be collected at the time of delivery to pay for government taxes and tariffs.
  9. Product Returns. It is your responsibility to assure the quality of all goods upon receipt. All sales are final except for damaged or defective materials. You must obtain a Returned Material Authorization (“RMA”) from us prior to returning any products. In order to be eligible to receive a refund or store credit for returned goods that are damaged or defective, your refund or store credit request must be received no more than thirty (30) days from the order placement date.  Any approved refund or store credit will only be for the value of the returned items. Personalized and textile items are not eligible for return. For your security, refunds will be credited back to the original payment method used for the purchase. In the event that your credit card has expired or is cancelled, store credit will be issued.
  10. Payments. You may make payment using any of the following payment methods: Visa, MasterCard, American Express, Discover, and PayPal. All credit card details are encrypted when entered and stored by our third party payment processor, Authorize.net. Boldly does not access or store your credit card information and we do not manually accept credit cards for security reasons. Boldly uses Secure Sockets Layer (SSL) software to protect the security of your payment and personal information. If you make a payment using PayPal, you will be connected to the PayPal website during checkout. PayPal is a third party and Boldly is not responsible for the terms of use, privacy practices, or the content of any external site. You should review PayPal’s terms of use and privacy policy prior to submitting your payment information. For more information about our use of third party service providers, please review our Privacy Policy.
  11. Contests, Sweepstakes, and other Promotions. Boldly may, from time to time and in its sole discretion, offer promotions, contests, sweepstakes, surveys, or games through the Site, our newsletter, or through any other communication from Boldly (each, a “Promotion”). In addition to these Terms, your participation in any such Promotion may be conditioned upon additional or different terms and conditions and you should be sure to review any additional terms that accompany any such Promotions. To the extent the terms or rules of a Promotion conflict with these Terms, the terms accompanying the Promotion will control.
  12. Customer Service. To reach our customer service department, please visit the ”Contact Us” or “Frequently Asked Questions” sections of the Site and submit questions to us using the online forms provided on the Site.
  13. Site Availability and Support. You may access the Site if and when it is available. Boldly does not guarantee availability of the Site or Content and Boldly reserves the right to make changes to the Site and Content at anytime and without notice. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons.  To the maximum extent authorized under applicable law, Boldly reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. Boldly has no obligation to provide any support in relation to the Site, Content, User Content, or your Account.
  14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. Boldly DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE.  IN PARTICULAR, Boldly MAKES NO WARRANTY THAT THE SITE, CONTENT, OR PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES Boldly WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. BOLDLY DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
  15. DISCLAIMER OF CERTAIN DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOLDLY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF BOLDLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOLDLY SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
  16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 14 OR 15, BOLDLY’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE WILL BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
  17. Independent Remedies. The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14, 15, and 16 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
  18. NOTICE ON POTENTIAL LIMITS OF SECTIONS 14, 15, and 16. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL), LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.  NOTHING IN SECTIONS 14, 15, OR 16 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS.  IF YOU RESIDE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
  19. Indemnification. You hereby agree to defend, indemnify, and hold Boldly, its directors, officers, managers, members, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your Account; (b) your use of any product purchased from Boldly; (c) our use of your User Content; (d) any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
  20. Notices. Boldly may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to Boldly. You agree to send Boldly notices by contacting us using the online forms provided on the “support” and “frequently asked questions” sections of the Site.
  21. Reservation of Rights; Copyright and Trademark Notice. Boldly and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content, including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked documentation. Boldly’s rights are protected by United States and international copyright laws and other intellectual property laws and treaty provisions.
  22. GOVERNING LAW AND EXCLUSIVE JURISDICTION; ARBITRATION. These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, without reference to its conflict of laws provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts located in Kenosha County, Wisconsin. YOU AND BOLDLY EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE CONTENT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BOLDLY, WILL BE RESOLVED IN KENOSHA COUNTY, WISCONSIN BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND BOLDLY EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND BOLDLY EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN KENOSHA COUNTY, WISCONSIN. YOU AND BOLDLY EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. To begin arbitration you must send a letter requesting arbitration and describing your claim to our mailing address on the Site.  Boldly will attempt to notify you in writing of any dispute if Boldly has your email or mailing address. If Boldly does not have your address, Boldly will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and Boldly each are responsible for your own respective costs relating to the arbitration, except that Boldly will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees.
  23. Force Majeure. Boldly will not be required to perform any obligations under these Terms or be liable for any failure to perform if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Boldly.
  24. Termination. Boldly may, in its sole discretion, terminate this Agreement, your Account, or your use of the Site, and remove and/or discard any User Content you have provided to us with or without cause and with or without notice.
  25. General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Boldly intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Boldly agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Boldly may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These Terms will be binding upon all of Boldly’s successors and assigns. Boldly’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Boldly if it is in writing and signed by Boldly. These Terms (including any incorporated terms) constitute the entire agreement between you and Boldly with respect to your use of the Site. Both you and Boldly warrant to each other that, in entering these Terms, neither Boldly nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Boldly, or Boldly’s successors and permitted assigns, will have any right to enforce any of these Terms.
  26. Contact Information. If you have questions, comments, or concerns regarding the Site or these Terms, please contact us using the online forms provided on the “Contact Us” and “Frequently Asked Questions” sections of the Site.

 

PRIVACY POLICY

Effective Date: 11/01/18

Boldly + Co. LLC (“Boldly,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we collect, use, store, process, and share your information in relation to www.boldlyandco.com (the “Site”). By visiting, browsing, or using the Site or any part of the Site, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including personal information, as described in this Policy. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT VISIT OR USE THE SITE, REGISTER FOR AN ACCOUNT ON THE SITE, OR CLICK TO INDICATE THAT YOU AGREE TO THIS POLICY. This Policy is part of and incorporated into the Site Terms & Conditions (“Terms”), governing your use of the Site. Parts of the Terms affect this Policy, so be sure to review the Terms prior to using the Site. Capitalized terms not defined herein have the definitions set forth in the Terms.

  1. CHANGES TO THIS POLICY. Boldly reserves the right to revise this Policy from time to time by updating it and posting it at https://www.boldlyandco.com/terms-and-conditions, with the new Policy taking effect on the date of posting. You should periodically review this Policy to ensure you are familiar with the most current version. Your use of the Site after the effective date of the updated version of this Policy will constitute your acceptance of the updated Policy.
  2. APPLICABILITY OF THIS POLICY. This Policy covers our treatment of information that is gathered by the Site, including personally identifiable information and non-personally identifiable information. If you visit the Site without registering for an Account or making a purchase, you can browse without submitting any personally identifiable information. In order to access certain features, such as registering for an Account or making a purchase, you may be asked to provide personally identifiable information, such as your name, address, phone number, email address, and billing information. This Policy does not apply to information collected by third party Linked Sites, including third party websites or services. We have no control over and no responsibility or liability for any third party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Please review the privacy policies of any Linked Sites you may access.
  3. INFORMATION COLLECTION. We collect the following types of information:
    1. Account, Login, Purchase, and Shipping Information. We will collect personal information from you if you create an account on the Site (“My Account”) or make a purchase. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, and more. If you create an Account or make a purchase, you will be asked to provide some information about yourself, including, but not limited to, your first and last name, your email address, your shipping address, your phone number, credit card information, the names and addresses to whom purchases are shipped (if applicable), or the e-mail addresses of your friends.
    2. Customer Service Requests or Communications Submitted by You. The Site may provide functionality which allows you to voluntarily submit request or inquiry forms, including, for example, requests for help with the Site or requests for product information. The Site may also allow you to submit suggestions or comments. These forms may require that you share personally identifiable information, including, but not limited to, your name, email address, order number, a description of your comment or question, or a photo related to your comment or question. Any personal communications that you or a third party voluntarily submits to us in any format, including by email, postal mail, online form, or any other method of communication, may be collected and saved indefinitely in a profile specific to you.
    3. Electronic Newsletter. By creating an account, we automatically agree to send you an electronic newsletter or other email updates from us by submitting your email address. Any non-service related email you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails. We will not share or sell your personal information to any third parties.
    4. Invite a Friend and E-Gift Cards. You may be able to share an electronic gift card, your wishlist, or other information with a friend by submitting your friend’s email address to us. We will not sell or share your friend’s email address to any third parties.
    5. Automatically Collected Information (Non-Personally Identifiable Information). Similar to other web sites, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Site. This information does not identify you. This collection may include, but is not limited to: your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. We collect this non-identifying information in order to better understand our customer base, to more efficiently operate our business, to promote our products and services, and to improve the quality of the Site. We do not link analytics information with any of your personally identifiable information. We may automatically collect information using various mechanisms, including but not limited to:
      1. Cookies. A cookie is a small text file that is stored on a computer for record-keeping purposes.  Our third-party analytics providers use cookies to record information about your activities on the Site and to “remember” you when you return to the Site.  Some cookies remain on your computer until you delete them.  Others, like session ID cookies, expire when you close your browser.  You may set your browser setting to attempt to reject cookies and you may still use the Site.  See the section entitled “Do-Not Track Settings” below for more information on how the Site may respond to your browser settings.  We do not control the use of cookies by third parties.
      2. Pixels (aka web beacons/web bugs/javascript). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics providers may place pixels on the Site that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the Site. We do not control the use of pixels by third parties. Google Analytics uses cookies and pixels in order to collect demographic and interest-level information and usage information from users that visit the Site, including but not limited to information about the pages where users enter and exit the Site and what pages users view on the Site, time spent, browser, operating system, and IP address.
      3. Cookies and pixels allow Google to recognize a user when a user visits the Site and when the user visits other websites.  Google uses the information it collects from the Site and other websites to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items.  We do not link information we receive from Google with any of your personally identifiable information.  For more information regarding Google’s use of cookies, pixels, and collection and use of information, please review Google’s Privacy Policy.  If you would like to opt out of Google Analytics tracking, please visit the following link: Google Analytics Opt-out Browser Add-on.
    6. Payment Information; Third Party Payment Processor. Credit card payments are handled through PayPal or CyberSource, our third party payment processor. Boldly does not access or store your credit card information. PayPal or CyberSource will collect and may retain your credit card information in order to process your payment. We do not control PayPal or CyberSource or their use of your information. Please also see the “Affiliated Entities and Service Providers” section below.
  4. INFORMATION USE.
    1. General. We may use your personally identifiable information to manage and administer your Account and the Site; to fulfill your orders for products, including personalized products; to provide you with support and a more personalized experience; to respond to your requests and inquiries; to communicate with you; to share your wishlist, to monitor Site usage; to improve the Site; to provide you with information about products and services; to resolve disputes; to detect and protect against errors, fraud, and criminal activity; to assist law enforcement; to enforce this Policy and the Terms; or for any other purpose described in this Policy or that we describe to you at the time of collection.
    2. Communications. We may use your personally identifiable information to send you emails or other communications related to your Account or your orders, or in response to your inquiries or requests. You may not opt-out of receiving service-related messages that are not promotional in nature. We may also send you marketing emails, surveys, or newsletters to notify you about products or services that may be of interest to you. If you would like to stop receiving marketing emails from us, please click on the unsubscribe link at the bottom of any marketing email you receive. If you opt-out, you will continue to receive service-related emails.
    3. Personalization Services. We may use, modify, distribute, adapt, and reproduce your User Content or personally identifiable information in order to create the personalized products that you order from us.
    4. Non-Personally Identifiable Information. We may use non-personally identifiable information for any lawful purpose, including, but not limited to, analyzing trends, administering the Site, tracking users’ movements, and to improve our business and the Site. We may share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on advertising you see. We may also combine non-personally identifiable information with non-personally identifiable information collected from other sources.
    5. Information Retention. We will retain your information indefinitely, or as long as legally required or allowed. If you cancel your account or your account is otherwise terminated, we may, but are not obligated to, delete information we have collected or obtained from you or third parties and we may continue to use and disclose your information in accordance with this Policy. Boldly does not undertake any retention obligations through this statement.
  5. INFORMATION DISCLOSURE.
    1. Affiliated Entities and Service Providers. We will not sell or rent any of your personal information to third parties for marketing purposes.  However, we may disclose your information to any affiliated entity or organization and to agents and service providers to help us operate the Site, improve our business or the Site, and to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that supply support for the Site. Use of information by affiliated entities and organizations will be subject to this Policy or an agreement that is at least as restrictive as this Policy.
    2. Legal Requirements. In some cases, we may disclose your information (i) as required by any applicable law or legal regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Site; and (iv) to respond to a physical threat to you or another person.
    3. Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, to prospective or actual purchasers in connection with one of these transactions.
    4. Disclaimer. We cannot ensure that all of your information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Site may abuse or misuse your personal information. No transmission of data over the internet can be 100% secure.
  6. INFORMATION SECURITY MEASURES. Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer and the third-party servers that operate and store information for the Site. The personal information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
  7. “DO NOT TRACK” SETTINGS. Because we track website usage information through the use of cookies, pixels and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult.  Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.
  8. CHILDREN’S PRIVACY. 
    1. This Site is not Intended for use by Children. Boldly is committed to protecting the privacy and safety of children. This Site is a general audience site and children under the age of 13 are prohibited from using or registering for an Account on the Site. We will not knowingly collect any information from children under the age of 13; nor will we send any email correspondence to children under the age of 13. We may ask for your birth date during the registration process in order to verify your age. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. Children under the age of 13 should always ask their parents or guardians before providing their information online. If you believe information from a child under the age of 13 has been submitted to the Site, please notify us at: nina@boldlyandco.com.
    2. California Minors. We may provide Site users the ability to publicly post information, for example by submitting user testimonials or other User Content. If you are a California resident under age 18 and you are unable to remove publicly-available User Content that you have submitted to us, you may request removal by contacting us at: nina@boldlyandco.com. When requesting removal, you must be specific about the information or User Content you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any User Content or information that: (1) federal or state law requires us or a third party to maintain; (2) the User Content or information was not posted by you; (3) we anonymize the User Content or information so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the User Content or information. REMOVAL OF YOUR USER CONTENT OR INFORMATION FROM THE SITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT USER CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS.  We are not required to delete the User Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the User Content or information or render it invisible to other users and the public.
  9. CALIFORNIA SHINE THE LIGHT LAW. California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us at: nina@boldlyandco.com.
  10. LINKED SITES. The Site contains links to other sites (“Linked Sites”). We are not responsible for the privacy practices or content of any Linked Sites. Linked Sites may collect personally identifiable information from you that is not subject to our control. The data collection practices of Linked Sites will be governed by that site’s privacy policy.
  11. ACCESSING, UPDATING, OR DELETING YOUR PERSONAL INFORMATION. If your personal information changes, please contact us using the online forms provided on the “Contact Us” and “Frequently Asked Questions” sections of the Site. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your Account is terminated for any reason, your information will no longer be accessible through your Account or associated with your Account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.
  12. PRIVACY QUESTIONS. If you have any questions, concerns, or suggestions regarding this privacy policy, please contact us at nina@boldlyandco.com.
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