Terms and Conditions

Table of Contents

1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SUBMISSIONS
8. SITE MANAGEMENT
9. PRIVACY POLICY 
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USERDATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Comma Llama, LLC ("Company," “we," “us," or “our”), concerning your access to and use of the https://thecommallama.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Arizona, United States and have our registered office at 7674 E. SuttonDr. , Scottsdale, AZ 85260. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms andconditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms of Use atany time and for any reason. We will alert you about any changes by updatingthe “Last updated” date of these Terms of Use, and you waive any right toreceive specific notice of each such change. Please ensure that you check theapplicable Terms every time you use our Site so that you understand which Termsapply. You will be subject to, and will be deemed to have been made aware ofand to have accepted, the changes in any revised Terms of Use by your continueduse of the Site after the date such revised Terms of Use are posted.

 

The informationprovided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use wouldbe contrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiativeand are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.

 

The Site is nottailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected tosuch laws, you may not use this Site. You may not use the Site in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of theUnited States, international copyright laws, and international conventions. TheContent and the Marks are provided on the Site “AS IS” for your information andpersonal use only. Except as expressly provided in these Terms of Use, no partof the Site and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.

 

Provided that you areeligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to whichyou have properly gained access solely for your personal, non-commercial use.We reserve all rights not expressly granted to you in and to the Site, theContent and the Marks.

3. USER REPRESENTATIONS

By using the Site, yourepresent and warrant that: (1) you have the legal capacity and you agreeto comply with these Terms of Use; (2) you are not a minor in thejurisdiction in which you reside; (3) you will not access the Site throughautomated or non-human means, whether through a bot, script, or otherwise; (4)you will not use the Site for any illegal or unauthorized purpose; and (5) youruse of the Site will not violate any applicable law or regulation.

 

If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access oruse the Site for any purpose other than that for which we make the Siteavailable. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us.

 

As a user of the Site,you agree not to:

  • Systematically retrieve data or other content from the     Site to create or compile, directly or indirectly, a collection,     compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users,     especially in any attempt to learn sensitive account information such as     user passwords.
  • Circumvent, disable, or otherwise interfere with     security-related features of the Site, including features that prevent or     restrict the use or copying of any Content or enforce limitations on the     use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion,     us and/or the Site.
  • Use any information obtained from the Site in order to     harass, abuse, or harm another person.
  • Make improper use of our support services or submit     false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any     applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the     Site.
  • Upload or transmit (or attempt to upload or to transmit)     viruses, Trojan horses, or other material, including excessive use of     capital letters and spamming (continuous posting of repetitive text), that     interferes with any party’s uninterrupted use and enjoyment of the Site or     modifies, impairs, disrupts, alters, or interferes with the use, features,     functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using     scripts to send comments or messages, or using any data mining, robots, or     similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice     from any Content.
  • Attempt to impersonate another user or person or use the     username of another user.
  • Upload or transmit (or attempt to upload or to transmit)     any material that acts as a passive or active information collection or     transmission mechanism, including without limitation, clear graphics     interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar     devices (sometimes referred to as “spyware” or “passive collection     mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on     the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our     employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to     prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not     limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher,     decompile, disassemble, or reverse engineer any of the software comprising     or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or     Internet browser usage, use, launch, develop, or distribute any automated     system, including without limitation, any spider, robot, cheat utility,     scraper, or offline reader that accesses the Site, or using or launching     any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases     on the Site.
  • Make any unauthorized use of the Site, including     collecting usernames and/or email addresses of users by electronic or     other means for the purpose of sending unsolicited email, or creating user     accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or     otherwise use the Site and/or the Content for any revenue-generating     endeavor or commercial enterprise.
  • Use the Site to advertise or offer to sell goods and     services.
  • Sell or otherwise transfer your profile.

5. USER GENERATED CONTRIBUTIONS

The Site does notoffer users to submit or post content. We may provide you with the opportunityto create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limitedto text, writings, video, audio, photographs, graphics, comments, suggestions,or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and through third-party websites. As such, any Contributions you transmitmay be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:

  • The     creation, distribution, transmission, public display, or performance,     and the accessing, downloading, or copying of your Contributions do not     and will not infringe the proprietary rights, including but not limited to     the copyright, patent, trademark, trade secret, or moral rights of any     third party.
  • You     are the creator and owner of or have the necessary licenses, rights,     consents, releases, and permissions to use and to authorize us, the Site,     and other users of the Site to use your Contributions in any manner     contemplated by the Site and these Terms of Use.
  • You     have the written consent, release, and/or permission of each and every     identifiable individual person in your Contributions to use the name or     likeness of each and every such identifiable individual person to enable     inclusion and use of your Contributions in any manner contemplated by the     Site and these Terms of Use.
  • Your     Contributions are not false, inaccurate, or misleading.
  • Your     Contributions are not unsolicited or unauthorized advertising, promotional     materials, pyramid schemes, chain letters, spam, mass mailings, or other     forms of solicitation.
  • Your     Contributions are not obscene, lewd, lascivious, filthy, violent,     harassing, libelous, slanderous, or otherwise objectionable (as determined     by us).
  • Your     Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your     Contributions are not used to harass or threaten (in the legal sense of     those terms) any other person and to promote violence against a specific     person or class of people.
  • Your     Contributions do not violate any applicable law, regulation, or rule.
  • Your     Contributions do not violate the privacy or publicity rights of any third     party.
  • Your     Contributions do not violate any applicable law concerning child     pornography, or otherwise intended to protect the health or well-being of     minors.
  • Your     Contributions do not include any offensive comments that are connected to     race, national origin, gender, sexual preference, or physical handicap.
  • Your     Contributions do not otherwise violate, or link to material that violates,     any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site inviolation of the foregoing violates these Terms of Use and may result in, amongother things, termination or suspension of your rights to use the Site.

 

 

6. CONTRIBUTION LICENSE

 

You agree that we mayaccess, store, process, and use any information and personal data that youprovide following the terms of the Privacy Policy and your choices (includingsettings).

 

By submittingsuggestions or other feedback regarding the Site, you agree that we can use andshare such feedback for any purpose without compensation to you.

 

We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site.You are solely responsible for your Contributions to the Site and you expresslyagree to exonerate us from any and all responsibility and to refrain from anylegal action against us regarding your Contributions.

 

 

7. SUBMISSIONS

 

You acknowledge andagree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.

 

 

8. SITE MANAGEMENT

 

We reserve the right,but not the obligation, to: (1) monitor the Site for violations of these Termsof Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to remove from the Site or otherwisedisable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the properfunctioning of the Site.

 

 

9. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: 

this privacy noticefor the comma llama, llc ("company," "we," "us,"or "our"), describes how and why we might collect, store, use, and/orshare ("process") your information when you use our services ("services"),such as when you:

  • engage with us in other related ways, including any     sales, marketing, or events

questions or concerns? readingthis privacy notice will help you understand your privacy rights and choices.if you do not agree with our policies and practices, please do not use ourservices. if you still have any questions or concerns, please contact usat hello@thecommallama.com.

 

 

summary of key points

 

this summary provideskey points from our privacy notice, but you can find out more details about anyof these topics by clicking the link following each key point or by using ourtable of contents below to find the section you are looking for. you can alsoclick here togo directly to our table of contents.

 

what personalinformation do we process? when you visit, use, or navigate our services,we may process personal information depending on how you interact with thecomma llama, llc and the services, the choices you make, and the productsand features you use. click here to learn more.

 

do we process anysensitive personal information? we do not process sensitive personalinformation.

 

do we receive anyinformation from third parties? we do not receive any information fromthird parties.

 

how do we process yourinformation? we process your information to provide, improve, andadminister our services, communicate with you, for security and fraudprevention, and to comply with law. we may also process your information forother purposes with your consent. we process your information only when we havea valid legal reason to do so. click here to learn more.

 

in what situations andwith which parties do we share personal information? we may shareinformation in specific situations and with specific third parties.click here to learn more.

 

how do we keep yourinformation safe? we have organizational and technical processesand procedures in place to protect your personal information. however, noelectronic transmission over the internet or information storage technology canbe guaranteed to be 100% secure, so we cannot promise or guarantee thathackers, cybercriminals, or other unauthorized third parties will notbe able to defeat our security and improperly collect, access, steal, or modifyyour information. click here to learn more.

 

what are your rights? dependingon where you are located geographically, the applicable privacy law may meanyou have certain rights regarding your personal information. click here to learn more.

 

how do you exerciseyour rights? the easiest way to exercise your rights is by filling out ourdata subject request form available here, or by contactingus. we will consider and act upon any request in accordance with applicabledata protection laws.

 

want to learn moreabout what the comma llama, llc does with any information we collect?click here to review the notice in full.

 

 

table of contents

 

1. what information do we collect?

2. how do we process your information?

3. what legal bases do we rely onto process your personal information?

4. when and with whom do we share your personalinformation?

5. do we use cookies and other trackingtechnologies?

6. how long do we keep your information?

7. how do we keep your information safe?

8. do we collect information fromminors?

9. what are your privacy rights?

10. controls for do-not-track features

11. do california residents havespecific privacy rights?

12. do we make updates to this notice?

13. how can you contact us about thisnotice?

14. how can you review, update, or delete the data wecollect from you?

 

1. what information dowe collect?

 

personal information youdisclose to us

 

in short: wecollect personal information that you provide to us.

 

we collect personalinformation that you voluntarily provide to us when you express aninterest in obtaining information about us or our products and services, whenyou participate in activities on the services, or otherwise when you contactus.

 

personal informationprovided by you. the personal information that we collect depends on thecontext of your interactions with us and the services, the choices you make,and the products and features you use. the personal information we collect mayinclude the following:

  • names
  • email addresses

sensitive information. wedo not process sensitive information.

 

all personalinformation that you provide to us must be true, complete, and accurate, andyou must notify us of any changes to such personal information.

 

2. how do we processyour information?

 

in short: weprocess your information to provide, improve, and administer our services,communicate with you, for security and fraud prevention, and to comply withlaw. we may also process your information for other purposes with your consent.

 

we process yourpersonal information for a variety of reasons, depending on how you interactwith our services, including:

  • to deliver and facilitate delivery of services to the     user. we may process your information to provide you with the     requested service.
  • to respond to user inquiries/offer support to     users. we may process your information to respond to your inquiries     and solve any potential issues you might have with the requested service.
  • to fulfill and manage your orders. we may process your information to fulfill and     manage your orders, payments, returns, and exchanges made through the     services.
  • to enable user-to-user communications. we may     process your information if you choose to use any of our offerings that     allow for communication with another user.
  • to save or protect an individual's vital interest. we may process your information when necessary to     save or protect an individual’s vital interest, such as to prevent harm.

 

3. what legal bases dowe rely on to process your information?

 

in short: we onlyprocess your personal information when we believe it is necessary and we have avalid legal reason (i.e., legal basis) to do so under applicable law, likewith your consent, to comply with laws, to provide you with services to enterinto or fulfill our contractual obligations, to protect your rights,or to fulfill our legitimate business interests.

 

if you are located inthe eu or uk, this section applies to you.

 

the general dataprotection regulation (gdpr) and uk gdpr require us to explain the valid legalbases we rely on in order to process your personal information. as such, we mayrely on the following legal bases to process your personal information:

  • consent. we may process your information if you     have given us permission (i.e., consent) to use your personal     information for a specific purpose. you can withdraw your consent at any     time. click here to learn more.
  • performance of a contract. we may process your personal information when we     believe it is necessary to fulfill our contractual obligations     to you, including providing our services or at your request prior to     entering into a contract with you.
  • legal obligations. we     may process your information where we believe it is necessary for     compliance with our legal obligations, such as to cooperate with a law     enforcement body or regulatory agency, exercise or defend our legal     rights, or disclose your information as evidence in litigation in which we     are involved.
       
       
  • vital interests. we     may process your information where we believe it is necessary to protect     your vital interests or the vital interests of a third party, such as     situations involving potential threats to the safety of any person.

 

if you are located incanada, this section applies to you.

 

we may process yourinformation if you have given us specific permission (i.e., expressconsent) to use your personal information for a specific purpose, or insituations where your permission can be inferred (i.e., implied consent).you can withdraw your consent at any time. click here to learn more.

 

in some exceptionalcases, we may be legally permitted under applicable law to process yourinformation without your consent, including, for example:

  • if collection is clearly in the interests of an     individual and consent cannot be obtained in a timely way
  • for investigations and fraud detection and prevention
  • for business transactions provided certain conditions     are met
  • if it is contained in a witness statement and the     collection is necessary to assess, process, or settle an insurance claim
  • for identifying injured, ill, or deceased persons and     communicating with next of kin
  • if we have reasonable grounds to believe an individual     has been, is, or may be victim of financial abuse
  • if it is reasonable to expect collection and use with     consent would compromise the availability or the accuracy of the     information and the collection is reasonable for purposes related to     investigating a breach of an agreement or a contravention of the laws of     canada or a province
  • if disclosure is required to comply with a subpoena,     warrant, court order, or rules of the court relating to the production of     records
  • if it was produced by an individual in the course of     their employment, business, or profession and the collection is consistent     with the purposes for which the information was produced
  • if the collection is solely for journalistic, artistic,     or literary purposes
  • if the information is publicly available and is     specified by the regulations

 

4. when and with whomdo we share your personal information?

 

in short: we mayshare information in specific situations described in this section and/or withthe following third parties.

 

we may need toshare your personal information in the following situations:

  • business transfers. we may share or transfer your     information in connection with, or during negotiations of, any merger,     sale of company assets, financing, or acquisition of all or a portion of     our business to another company.

 

5. do we use cookiesand other tracking technologies?

 

in short: we mayuse cookies and other tracking technologies to collect and store yourinformation.

 

we may use cookies andsimilar tracking technologies (like web beacons and pixels) to access or storeinformation. specific information about how we use such technologies and howyou can refuse certain cookies is set out in our cookie notice.

 

6. how long do we keepyour information?

 

in short: we keepyour information for as long as necessary to fulfill the purposesoutlined in this privacy notice unless otherwise required by law.

 

we will only keep yourpersonal information for as long as it is necessary for the purposes set out inthis privacy notice, unless a longer retention period is required or permittedby law (such as tax, accounting, or other legal requirements).

 

when we have noongoing legitimate business need to process your personal information, we willeither delete or anonymize such information, or, if this is notpossible (for example, because your personal information has been stored inbackup archives), then we will securely store your personal information andisolate it from any further processing until deletion is possible.

 

7. how do we keep yourinformation safe?

 

in short: we aimto protect your personal information through a system of organizational andtechnical security measures.

 

we have implementedappropriate and reasonable technical and organizational securitymeasures designed to protect the security of any personal information weprocess. however, despite our safeguards and efforts to secure yourinformation, no electronic transmission over the internet or informationstorage technology can be guaranteed to be 100% secure, so we cannot promise orguarantee that hackers, cybercriminals, or other unauthorized thirdparties will not be able to defeat our security and improperly collect, access,steal, or modify your information. although we will do our best to protect yourpersonal information, transmission of personal information to and from ourservices is at your own risk. you should only access the services within asecure environment.

 

8. do we collectinformation from minors?

 

in short: we donot knowingly collect data from or market to children under 18 years ofage.

 

we do not knowinglysolicit data from or market to children under 18 years of age. by using theservices, you represent that you are at least 18 or that you are the parent orguardian of such a minor and consent to such minor dependent’s use of theservices. if we learn that personal information from users less than 18 yearsof age has been collected, we will deactivate the account and take reasonablemeasures to promptly delete such data from our records. if you become aware ofany data we may have collected from children under age 18, please contact usat hello@thecommallama.com.

 

9. what are yourprivacy rights?

 

in short: in someregions, such as the european economic area (eea), united kingdom (uk),and canada, you have rights that allow you greater access to and control overyour personal information. you may review, change, or terminate youraccount at any time.

 

in some regions(like the eea, uk, and canada), you have certain rights under applicabledata protection laws. these may include the right (i) to request access andobtain a copy of your personal information, (ii) to request rectification orerasure; (iii) to restrict the processing of your personal information; and(iv) if applicable, to data portability. in certain circumstances, you may alsohave the right to object to the processing of your personal information. youcan make such a request by contacting us by using the contact details providedin the section "how can you contact us about this notice?" below.

 

we will consider andact upon any request in accordance with applicable data protection laws.

 

if you are located inthe eea or uk and you believe we are unlawfully processing your personalinformation, you also have the right to complain to your local data protectionsupervisory authority. you can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 

if you are located inswitzerland, the contact details for the data protection authorities areavailable here: https://www.edoeb.admin.ch/edoeb/en/home.html.

 

withdrawing yourconsent: if we arerelying on your consent to process your personal information, which may beexpress and/or implied consent depending on the applicable law, you havethe right to withdraw your consent at any time. you can withdraw your consentat any time by contacting us by using the contact details provided in thesection "how can you contact us about this notice?" below.

 

however, please notethat this will not affect the lawfulness of the processing before itswithdrawal nor, when applicable law allows, will it affect theprocessing of your personal information conducted in reliance on lawfulprocessing grounds other than consent.

 

cookies and similartechnologies: most webbrowsers are set to accept cookies by default. if you prefer, you can usuallychoose to set your browser to remove cookies and to reject cookies. if youchoose to remove cookies or reject cookies, this could affect certain featuresor services of our services. to opt out of interest-based advertising byadvertisers on our services visit http://www.aboutads.info/choices/.

 

if you have questionsor comments about your privacy rights, you may email usat hello@thecommallama.com.

 

10. controls fordo-not-track features

 

most web browsers andsome mobile operating systems and mobile applications include a do-not-track("dnt") feature or setting you can activate to signal your privacypreference not to have data about your online browsing activities monitored andcollected. at this stage no uniform technology standardfor recognizing and implementing dnt signals has been finalized.as such, we do not currently respond to dnt browser signals or any othermechanism that automatically communicates your choice not to be tracked online.if a standard for online tracking is adopted that we must follow in the future,we will inform you about that practice in a revised version of this privacynotice.

 

11. do californiaresidents have specific privacy rights?

 

in short: yes, ifyou are a resident of california, you are granted specific rights regardingaccess to your personal information.

 

california civil codesection 1798.83, also known as the "shine the light" law,permits our users who are california residents to request and obtain from us,once a year and free of charge, information about categories of personal information(if any) we disclosed to third parties for direct marketing purposes and thenames and addresses of all third parties with which we shared personalinformation in the immediately preceding calendar year. if you are a californiaresident and would like to make such a request, please submit your request inwriting to us using the contact information provided below.

 

if you are under 18years of age, reside in california, and have a registered account withservices, you have the right to request removal of unwanted data that youpublicly post on the services. to request removal of such data, please contactus using the contact information provided below and include the email addressassociated with your account and a statement that you reside in california. wewill make sure the data is not publicly displayed on the services, but pleasebe aware that the data may not be completely or comprehensively removed fromall our systems (e.g., backups, etc.).

 

12. do we make updatesto this notice?

 

in short: yes, wewill update this notice as necessary to stay compliant with relevant laws.

 

we may update thisprivacy notice from time to time. the updated version will be indicated by anupdated "revised" date and the updated version will beeffective as soon as it is accessible. if we make material changes to thisprivacy notice, we may notify you either by prominently posting a notice ofsuch changes or by directly sending you a notification. we encourage you toreview this privacy notice frequently to be informed of how we are protectingyour information.

 

13. how can youcontact us about this notice?

 

if you have questions orcomments about this notice, you may email usat hello@thecommallama.com or by post to:

 

the comma llama, llc

7674 e. sutton dr.

scottsdale, az 85260

united states

 

14. how can youreview, update, or delete the data we collect from you?

 

based on the applicablelaws of your country, you may have the right to request access to the personalinformation we collect from you, change that information, or delete it. torequest to review, update, or delete your personal information,please submit a request form by clicking here.

this privacy policywas created using termly's privacy policy generator.

. By using theSite, you agree to be bound by our Privacy Policy, which is incorporated intothese Terms of Use. Please be advised the Site is hostedin the United States. If you access the Site from any other region ofthe world with laws or other requirements governing personal data collection,use, or disclosure that differ from applicable laws in the UnitedStates, then through your continued use of the Site, you are transferring yourdata to the United States, and you agree to have your data transferredto and processed in the United States.

 

 

10. TERM AND TERMINATION

 

These Terms of Useshall remain in full force and effect while you use the Site. WITHOUT LIMITINGANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FORNO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE ORDELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.

 

If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the right totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.

 

 

11. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the rightto change, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify or discontinueall or part of the Site without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Site.

 

We cannot guaranteethe Site will be available at all times. We may experience hardware, software,or other problems or need to perform maintenance related to the Site, resultingin interruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Site during any downtime or discontinuance of the Site.Nothing in these Terms of Use will be construed to obligate us to maintain andsupport the Site or to supply any corrections, updates, or releases inconnection therewith.

 

 

12. GOVERNING LAW

 

These Terms of Use andyour use of the Site are governed by and construed in accordance with the lawsof the State of Arizona applicable to agreements made and to beentirely performed within the State of Arizona, without regard to itsconflict of law principles.

 

 

13. DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolutionand control the cost of any dispute, controversy, or claim related to theseTerms of Use (each "Dispute" and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the“Parties”), the Parties agree to first attempt to negotiate any Dispute (exceptthose Disputes expressly provided below) informally for at least thirty(30) days before initiating arbitration. Such informal negotiationscommence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

If the Parties areunable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusivelyresolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitrationshall be commenced and conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association ("AAA") and, where appropriate, theAAA’s Supplementary Procedures for Consumer Related Disputes ("AAAConsumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share ofarbitrator compensation shall be governed by the AAA Consumer Rules and, whereappropriate, limited by the AAA Consumer Rules. The arbitration may beconducted in person, through the submission of documents, by phone, or online.The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator mustfollow applicable law, and any award may be challenged if the arbitrator failsto do so. Except where otherwise required by the applicable AAA rules orapplicable law, the arbitration will take place in UnitedStates, Arizona. Except as otherwise provided herein, the Parties maylitigate in court to compel arbitration, stay proceedings pending arbitration,or to confirm, modify, vacate, or enter judgment on the award entered by thearbitrator.

 

If for any reason, aDispute proceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courts locatedin United States, Arizona, and the Parties hereby consent to, andwaive all defenses of lack of personal jurisdiction, and forum non convenienswith respect to venue and jurisdiction in such state and federal courts.Application of the United Nations Convention on Contracts for the InternationalSale of Goods and the Uniform Computer Information Transaction Act (UCITA) isexcluded from these Terms of Use.

 

In no event shall anyDispute brought by either Party related in any way to the Site be commencedmore than one (1) years after the cause of action arose. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable, and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.

 

Restrictions

 

The Parties agree thatany arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.

 

Exceptions to Informal Negotiations andArbitration

 

The Parties agree thatthe following Disputes are not subject to the above provisions concerninginformal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectualproperty rights of a Party; (b) any Dispute related to, or arising from,allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)any claim for injunctive relief. If this provision is found to be illegal orunenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable andsuch Dispute shall be decided by a court of competent jurisdiction within thecourts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.

 

 

14. CORRECTIONS

 

There may beinformation on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Site at any time,without prior notice.

 

 

15. DISCLAIMER

 

THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OURSERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.

 

 

16. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OROUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTPAID, IF ANY, BY YOU TO US DURINGTHE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

17. INDEMNIFICATION

 

You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand, including reasonable attorneys’fees and expenses, made by any third party due to or arising out of: (1)use of the Site; (2) breach of these Terms of Use; (3) any breach of yourrepresentations and warranties set forth in these Terms of Use; (4) yourviolation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any otheruser of the Site with whom you connected via the Site. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.

 

 

18. USER DATA

 

We will maintaincertain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsiblefor all data that you transmit or that relates to any activity you haveundertaken using the Site. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right ofaction against us arising from any such loss or corruption of such data.

 

 

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES

 

Visiting the Site,sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Site, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in anyjurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any meansother than electronic means.

 

 

20. CALIFORNIAUSERS AND RESIDENTS

 

If any complaint withus is not satisfactorily resolved, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.

 

 

21. MISCELLANEOUS

 

These Terms of Use andany policies or operating rules posted by us on the Site or in respect to theSite constitute the entire agreement and understanding between you and us. Ourfailure to exercise or enforce any right or provision of these Terms of Useshall not operate as a waiver of such right or provision. These Terms of Useoperate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control. If any provision or part of a provision of theseTerms of Use is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Terms of Useand does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construedagainst us by virtue of having drafted them. You hereby waive any and alldefenses you may have based on the electronic form of these Terms of Use andthe lack of signing by the parties hereto to execute these Terms of Use.

 

 

22. CONTACT US

 

In order to resolve acomplaint regarding the Site or to receive further information regarding use ofthe Site, please contact us at:

 

The Comma Llama, LLC

 7674 E. Sutton Dr.

Scottsdale, AZ 85260

United States

Phone: (+1)6023887899

hello@thecommallama.com

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