Terms of Service

Last updated: August 01, 2024

Consumer Powered Technologies Inc. (d/b/a Pii), a Delaware corporation, and its subsidiaries and affiliates (“Pii”) provides its Services (as defined below) to you, subject to this Terms of Service agreement (“Agreement”). By accepting this Agreement or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”). If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you”, “your” or “Customer” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Service.

1. CONTRACT.

Please carefully review this Terms of Service Agreement (“Agreement”) and Privacy Policy which are all incorporated by reference. The Services are owned and operated by Pii. By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Pii’s Privacy Policy . We may update the terms of this Agreement or any other terms, such as the Privacy Policy, at any time in our sole discretion. If we do make any such changes, we’ll let you know by posting the updated Agreement, as applicable, to the Services. It’s important that you review the Agreement, as applicable, whenever we update them or you use the Services. If you continue to use the Services after we have posted the updated Agreement, it means that you accept and agree to the changes. If you don’t agree to this Agreement, you must immediately discontinue your use of the Services and any applicable additional features. Because our Services are evolving over time we may change or discontinue all or any part of the Services and additional features, at any time and without notice, at our sole discretion. If Pii suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms of Service in connection with your use of the Services (including but not limited to any order, refund, or use of an incentive or benefit), Pii reserves the right to cancel the order, decline or reverse a refund, charge your card on file, revoke, cancel and / or terminate the incentive or benefit, or to take other remedial measures.

2. SERVICES.

Pii (together with its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns, “Pii”) provides mobile and desktop software and tools which allows you to seamlessly shop Creator Guided content, and operates various platforms (“Platforms”), applications ("Apps") and online websites including but not limited to all domains and subdomains at pii.shop ("Sites") (collectively, together with and any associated websites, products or services offered by Pii, the "Services"). Our Services allow you to seamlessly check-out one or more products (Merchant Product), across merchants (Merchants), from posts of a Creator (individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms). We may also provide emails of content and Creators that may interest you.
   a. Creators benefit economically from each sale made through their our Services. Pii facilitates the transaction process, ensuring that Merchants are paid for their products and Creators receive their share of the sales revenue, in accordance with the agreed-upon terms.
   b. Ensuring Timely Payments: Pii is responsible for processing transactions and ensuring that all parties receive their respective payments in a timely manner. Payments to Suppliers and Curators are facilitated through the platform, and detailed records of all transactions are maintained for transparency and accountability.
   c. Pii may change the fees it charges for the Services, including but not limited to delivery fees, service fees, and special handling fees. Merchants set the prices of the goods on the Services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold. Individual Merchants may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Merchant’s pricing policies (which may change from time to time) on their website.
   d. Depending on the Merchant from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Merchant personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”). You acknowledge that Pii does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Pii.
   e. You agree that your purchase is being made from the Merchant listed or a comparable alternative, that Merchant is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Merchant’s store. You agree that Pii will charge your credit card, debit card or other payment method to cover the cost of the goods you have purchased from the Merchant and any separate Pii fees.
   f. You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Pii, Pii does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services. Unless otherwise indicated, all prices and other amounts are in United States Dollars.
   g. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Pii reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged).

3. ACCESS TO OUR SERVICES.

   a. ELIGIBILITY. By accessing or using the Applications or Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
       - You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services; and
       - are eighteen (18) years old or older; and You have the authority to enter into the Agreement personally.
       - Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Applications or Services. In addition, if you have been previously prohibited from accessing the Applications or Services, you are not permitted to access our Websites or the Applications or Services.
   b. REGISTRATION.
       - You agree to provide certain information to access or use the Services. You hereby consent to our access to and collection of such personal information about you. By registering for the Services, you hereby authorize Pii to send you emails and other communications.
       - You agree to provide correct information and keep it updated. You agree to only use our Services for personal reasons and not, for example, to compete with us. You represent and warrant that the information you provide to Pii is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of Pii and are not using the Services in competition with Pii. You further represent and warrant that you are using the Services solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or Pii.
   c. ORDERS & SUPPORT We may provide user support.
       - Pii reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any. If you have questions about Merchant Products, please reach out to the appropriate Merchant directly for any questions related to such Merchant Products and all aspects of the transactions between you and such Merchants, including to request information about a Merchant’s refund policy, returns, fulfilling any sales or customer service, fraudulent transactions, or required legal disclosures.
       - Please note that once your order has begun processing, you may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.
   d. MESSAGES. You agree to receive messages from us, including marketing materials. You agree to receive messages, including notices and marketing materials, through the Services or through your contact information, such as email. It is your responsibility to ensure Pii has your current email address. Any notice sent to you via such email address by Pii shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
   e. AUTOMATED PROCESSING. We may provide relevant content to you and others based on automated processing. Our Services include making suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.
   f. MOBILE DEVICES/CARRIER CHARGES. Your use of Mobile Media may incur separate charges, such as by a carrier. You agree to be solely responsible for any such charges. Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). This Agreement shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Sites or such Apps through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to Pii; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Sites or any of the Apps. Pii is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.

4. RICHTS AND RESTRICTIONS ON USE.

   a. PII'S LIMITED LICENSE TO YOU. You agree to only use the Services for personal reasons and understand that you may not copy or otherwise use the Services in an unauthorized manner. Pii grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your non-commercial, personal use on a device or machine(s) of which you are the primary user subject to your compliance with these Terms and any other Pii policies. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Pii and are protected by law from unauthorized use. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Pii’s written permission, you may not reverse engineer (including tracking the inputs and outputs flowing through our system or application in order to mimic or recreate the system or application) or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Pii provides for that purpose (for example, you may not “scrape” or “data mine” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services. You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use). If you sell or otherwise transfer to a third party a device on which the Services are installed, you must remove the Services from such device before doing so. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Pii. You agree to only use the Services as expressly permitted herein.Some parts of the Services may allow you to link, upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and Pii, you retain all rights in any content that you upload, submit or link, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant Pii the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party. Pii may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies. Pii reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to Services, and/or cancel orders at any time in its sole discretion.

   b. WARNINGS; DISCLAIMERS. Our Services include content from third parties such as Creators and Merchants, which we do not control. Where our Services contain links to other sites provided by third parties, Pii does not control the contents of those sites. Such links should not be interpreted as approval by Pii of those linked websites. We also may offer users the ability to use Linked Technologies and/or Third Party Apps for Merchant Product sales with certain Merchants. Merchants, not Pii, are the merchants/sellers of record for all Products you purchase through the Services. We disclaim any liability for such content or use. You understand that Pii does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, and/or Linked Technologies and/or Third Party Apps including statements and opinions on the Services, Products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by Pii, its employees, agents, and affiliates are provided for informational purposes only. Pii reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. Pii makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products advertised, offered, or provided by any Merchant, statements made by any Creator, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto. Pii does not guarantee the accuracy, integrity, appropriateness, or quality of any third party content, including Creators or Merchants, and in no way will be liable for any content published, promoted, or linked to by any Creator or Merchant.

   c. POSTING, SUBMITTING & LINKING CONTENT. You acknowledge that Pii has no obligation to prescreen, monitor, review, or edit any content posted, submitted or linked by you and other users on the Services. You further agree and represent that you own any content that you publish or transmit and that you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Services. By posting content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your content. Pii has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. You further warrant that any such content does comply with those standards and you will be liable to us and indemnify Pii for any loss or damages we may suffer as a result of your breach of warranty. Pii reserves the right to cut, crop, edit, or refuse to publish your content at our sole discretion.

   d. RESTRICTIONS ON YOUR USE. You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Pii is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by Pii. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pii or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Pii’s name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble or decompile any Pii prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services. You agree that you will not use the Services for any authorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.

   e. YOUR LICENSE TO PII. You grant us a non-exclusive license to use your data in connection with the Services and their promotion. You grant to Pii a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your data, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Pii sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. You further grant to Pii all rights necessary to facilitate your use of a third party’s site, app or services that require syndication or other use of your data in connection with the Services.

5. LINKS TO OTHER SITES, NETWORKS, PLATFORMS, AND APPS.

Your decision to access Linked Technologies and Third Party Applications is at your own risk. We are not responsible for third party activities. The Services may contain links to third party sites, networks, platforms or apps (“Linked Technologies”), including but not limited to advertisers and payment platforms. However, please be aware that Pii is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. We encourage you to be aware when you leave the Services, and to read the applicable agreements for all Linked Technologies. The Agreement applies solely to these Services. Pii is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies in the Services does not imply approval or endorsement by Pii. If You decide to access any Linked Technologies, then You do so at your own risk. Pii may, in its sole discretion, provide you with access to third-party applications, which interface with Pii application programming interfaces ("Pii APIs") (for purposes of this Agreement, such third-party applications are "Third Party Apps"). Such Third Party Apps use Pii APIs, but are not endorsed by Pii. Use of such Third Party Apps is voluntary. Use at your own risk. By using Third Party Apps, you may be granting Third Party Apps access rights to your activities, including without limitation related metadata. Pii makes no representations or warranties regarding your use of any Third Party Apps, which shall be governed by a separate agreement between your and the owners of such Third Party Apps. You agree that Pii has no liability whatsoever for the Third Party Apps, including, without limitation, providing continued access to the Pii APIs, technical issues related to the Third Party Apps or their interaction with the Pii APIs, and any damages or claims caused by, arising out of or relating to the Third Party Apps. Pii may change, suspend, or discontinue any aspect of the Pii APIs at any time, including the availability of any Pii APIs. Pii may also impose limits on certain features and services or restrict Developer App's access to parts or all of the Pii APIs or the Pii Services without notice or liability.

6. CONFIDENTIALITY.

In your use of the Applications or Services, you may have (or have been given) access to information that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure (collectively, “Confidential Information”). Confidential Information includes items such as Customer/Brand lists or directories, messages transmitted through the Applications or Services, and the non-public aspects of the Applications or Services. Confidential Information does not include information that: (i) is in the public domain at the date of disclosure (and did not fall into the public domain as a result of your breach of this policy or any other confidentiality agreement); (ii) was rightfully in your possession before you gained access to it through the Services (and you can prove this fact by admissible, written evidence); or (iii) was rightfully received from a third party (who was in lawful possession of it) without any confidentiality or non-use restrictions. You will not use the Confidential Information other than for purposes of your authorized use of the Applications or Services. Further, you will maintain it as confidential and not disclose any Confidential Information. Nothing shall prevent you from disclosing information obtained through the Applications or Services if compelled to do so by a court of law or government agency, on the condition that you provide advance notice to us and allow us a reasonable opportunity to intervene in the proceeding to protect the confidentiality of the Confidential Information.

7. EXPORT CONTROL.

You agree to comply with all export laws. You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.

8. FEEDBACK AND IDEA SUBMISSION AND PII RESEARCH.

If you provide us feedback or ideas, then we may use or discard them at our discretion and without liability. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Pii in connection with the use of the Services shall be the exclusive property of Pii, including, without limitation, any feedback on Beta Service offerings or Research services. Such Ideas will not subject Pii to any confidentiality obligations and Pii shall have no obligations to you, contractual or otherwise. You agree that Pii may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. This includes that any user reviews about Pii can be used for marketing purposes.

9. DIGITAL MILLENNIUM COPYRIGHT ACT.

If you believe that your copyright has been infringed by a third party on our Services, then please follow this take down procedure.It is Pii’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Pii does not make judgments about the veracity of intellectual property infringement claims or adjudicate such claims. If the information you are complaining about is located on a third party site or application, then you should contact that third party site or application. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.You may notify Pii of alleged infringement of intellectual property rights by contacting our Designated Agent at:   Email: [email protected]
   Mail: 222 W Merchandise Mart, Suite 1212, Chicago, IL 60654Upon receipt of notice of claimed infringement, Pii will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please be advised the DMCA requires that Pii send a copy of your complaint to the alleged infringer.Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

10. NO WARRANTY / DISCLAIMERS.

We disclaim any warranties for our Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, TRUTHFULNESS, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH OUR SERVICES, OR THE SERVICES, TEXT, GRAPHICS, OR LINKS.WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ON AN UNINTERRUPTED, SECURE, BUG-FREE, OR ERROR-FREE BASIS OR THAT THE SERVICES ARE FREE OF ANY FAULTS OR DEFECTS OR COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

11. LIMITATION OF LIABILITY.

This is the limit of our legal liability to you, if any. WHEN PERMITTED BY LAW, Pii PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE Pii PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, Pii PARTIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

12. INDEMNIFICATION.

You Agree To Defend, Indemnify And Hold Completely Harmless Pii And Its Officers, Directors, Employees, Agents, Affiliates, Customers, Creators, And Talent-Led Brands (Each, An “Indemnified Party”), Together With Any Third Parties That May Contribute To Or Be Affiliated With The Services, From And Against Any And All Claims, Damages, Costs, Attorneys’ Fees, Expenses, And Settlements, Whether Grounded In Contract, Tort, Statute, Law Or Equity, Including Without Limitation Claims Arising From Or Related To Your Use Of The Services Or Your Inability To Use The Services, The Materials The Services Contain, Any Sites Or Applications Linked To The Services, Any Alleged Violation Of The Agreement, And Any Alleged Violation Of The Rights Of A Third Party. The Foregoing Provision May Have The Effect To Providing Indemnity To The Pii Parties Liability And Damages Arising From Their Own Negligence, Including Their Own Gross Negligence. Some Jurisdictions Do Not Allow Certain Indemnifications, So Some Or All Of This Section May Not Apply To You.

13. GENERAL.

   1. U.S. Government End Users. The software, Applications, Website and Services, including all documentation, are “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation”. The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: (i) only as Commercial Items; (ii) with the same rights as all other end users; and (iii) according to this Agreement.Published and unpublished rights are reserved under the copyright laws of the United States.
   2. Publicity. Each party will have the right to publicly announce the existence of the business relationship between the parties. During the term of your use of our Applications or Services, we have a non-exclusive, non-sublicensable (except to our service providers), worldwide, royalty-free right to use your name, trademarks, image, likeness, logos and branding (collectively, “Brand Marks”) in connection with our Services and marketing materials, in perpetuity, including in connection with our social media accounts and online and print sales, marketing and advertising activities. For the avoidance of doubt, none of these usage rights shall extend to brands (Curator or Supplier) using Pii’s Service or Site unless separately authorized by you.
   3. No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Pii or any third-party provider as a result of this Agreement or use of the Applications or Services.
   4. No Third-Party Beneficiaries. Nothing contained in this Agreement will be deemed to create any third-party beneficiary right upon any third party whatsoever.
   5. Governing Law. This Agreement, and all matters arising from, related to, or connected with it, is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. Unless otherwise elected by Pii in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
   6. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
   7. Electronic Communications. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
   8. Entire Agreement. This Agreement is the final, complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior proposals, understandings, discussions, or other communications between the parties, oral or written, with respect to such subject matter.
   9. Assignment. We may assign our rights and obligations, but you may not. Pii may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Pii’s written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
   10. Waiver of Rights. Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. The waiver of any such right or provision will be effective only if in writing and signed by Pii’s duly authorized representative. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
   11. Interpretation. The headings to Sections of this Agreement are for convenience or reference only and do not form a part of this Agreement and will not in any way affect their interpretation. For purposes of this Agreement, the words and phrases “include”, “includes”, “including”, and “such as” are deemed to be followed by the words “without limitation”.
   12. Force Majeure. Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Parties or such other party.

14. CONTACT US.

This covers how to contact us. Any notices or communications sent by you to Pii pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as Pii may specify in writing.
All notices will be sent to:   Pii
   ATTN: Legal
   222 W Merchandise Mart, Suite 1212
   Chicago, IL 60654
   Email: [email protected]

Pii takes data privacy seriously. This Privacy Policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights. We recommend that you read this privacy policy in full to ensure you are fully informed. If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact information provided in Section 11.

1. THE BASICS.About Us. Consumer Powered Technologies Inc. d/b/a Pii is headquartered in the State of Illinois in the United States (“we,” “us,” “our,” and “Consumer Powered Technologies”) and operates a variety of Websites and online services and applications. Pii is passionate about connecting brands with their customers. Our Applications and Services enable Creators to provide a simpler discovery-to-purchase journey for viewers of their content.

Key Terms. In this privacy policy, these terms have the following meanings:
   - “Creator” means any person or entity that is registered with us to use Pii’s Applications as a content creator.
   - “Personal Information” means any information that reasonably identifies a natural person. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, and physical address.
   - “Website(s)” means any website(s) we own and operate (such as www.pii.shop) or any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy.
   - “Merchant” means any seller of record for a product sold on our Applications
   - “Visitor” means any natural person who visits any of our Websites.
   “You” and “your” means, depending on the context, either a visitor, creator, or viewer.

2. YOUR PERSONAL INFORMATION.This section applies to the Personal Information we collect and process from individuals who are Merchants, potential Merchants, Creators and potential Creators through the provision of the Services. In this section, “you” and “your” refer to Merchants, potential Merchants, Creators and potential Creators.

a. Information We Collect. The Personal Information that we may collect broadly falls into the following categories:
  - Information You Give Us. You may give us information about you. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with our Applications, Pii for Merchants or Pii for Creators or Pii), or communicate with us in any other way. The categories of information include:
      1. Identifiers such as real name, address, email address, phone number, employer, job title, username, and password for account registration and administration. All passwords are encrypted using secure cryptographic keys that exist only in the possession and under your control. We have no way of accessing or providing decrypted passwords.
      2. Commercial information such as your billing address, shipping address, transactions and purchases of the Services. We do not store or process payment information, such as your credit or debit card number or your bank account number.
      3. Internet or other electronic network activity information, such as interactions with our Applications, interactions with our APIs, and communications and responses through our Services.
  - Information We Automatically Collect. Like many website operators, we collect information that your browser sends whenever you visit our website. We use cookies and other tracking technologies to collect some of this information. The categories of information include:
      1. Device information: We collect information about the device and applications you use to access the Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
      2. Log data: Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services.
      3. Product usage data: We collect usage data about you whenever you interact with our Services, which may include the dates and times you access the Services and your browsing activities (such as what portions of the Services are used). We also collect information regarding the performance of the Services.
      4. Information We Collect From Third Parties. From time to time, we may obtain information about you from third-party sources, such as public databases, public profiles on social media platforms, and third-party data providers. We take steps to ensure that such third parties are legally and/or contractually permitted to disclose such information to us.

b. How We Use the Personal Information. We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:
  - To provide you with the Applications and Services on our Websites.
  - To communicate with you about your account and provide customer support.
  - To bill and collect money owed to us by you.
  - To market our products and/or services to you.
  - To analyze Website usage and improve the services offered.
  - For market research, project planning, troubleshooting problems.
  - For detecting and protecting against error, fraud or other criminal activity.
  - To enforce compliance with our Terms and applicable law, and to protect the rights and safety of our Merchants, Creators and third parties, as well as our own. This may include developing tools and algorithms that help us monitor the use of our Services and prevent violations.

c. How We Share the Personal Information. Affiliates and Service Providers. We share your information with our third-party service providers and any subcontractors as required to offer you our products and services. For example, we use third-party credit card processors to process billing and payments. These service providers are under a duty of confidentiality.
  - Third Party Links and Websites. Our website may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any data to these websites.
  - Social Media. Our website may include social media buttons or widgets (“social media elements”). These social media elements may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media elements are governed by the privacy policy of the social media company providing the feature and/or widget.
  - Disclosures Required by Law. We may be required to disclose your data in response to lawful requests by public authorities, including to meet law enforcement requirements. We may be under a duty to disclose or share your personal data in order to comply with any legal obligation, to enforce or apply our Terms and other agreements, to protect our rights, property, or safety, or to protect the rights, property, or safety of others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

d. Legal Bases for Processing (EEA Individuals). If you are from the European Economic Area, our legal bases for collecting and using your Personal Information is as follows:
  - The performance of your contract or to enter into the contract and to take action on your requests. For example, the processing of your Pii account registration, providing information on your interactions with our Pii Apps, providing communications with your Contacts on the Pii App.
  - Our legitimate business interests. For example, fraud prevention, maintaining the security of our network and services, direct marketing to you, and improvement of our services.
  - Compliance with a mandatory legal obligation. For example, accounting and tax requirements, which are subject to mandatory retention periods. We may also collect your Personal Information to record your requests to exercise your rights and to verify your identity for such requests.
  - Consent you provide where we do not rely on another legal basis. Consent may be withdrawn at any time.
  - In some limited cases, we may also have a legal obligation to collect Personal Information from you, in response to lawful requests by public authorities, including to meet law enforcement requirements, as described above in “How We Share the Personal Information?”If you have questions about or need further information concerning the legal bases on which we collect and use your Personal Information, please contact us using the contact details provided in the “Contact Information” section below.

3. YOUR PRIVACY CHOICES.a. General.
  - Marketing Opt-Out From Pii Communications: If you have opted-in to Pii directly, we may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send. You will still continue to receive service-related messages concerning our Services.
  - Opt-Out From Applications: You have the option to remove your profiles from our applications by submitting a request online or reaching out to [email protected]. Once removed, you would no longer be able to be contacted for partnership opportunities.
  - Exercising Your Privacy Rights: We have listed the privacy rights for several jurisdictions below, but we understand you may have additional rights in your jurisdiction. You may contact us directly at any time about exercising your data protection rights.

b. California Residents. Third Party Marketing. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at the Contact Information below.
  - California Consumer Privacy Act. If you are a California consumer, you have the following rights beginning on January 1, 2020:
       1. The right to know what Personal Information is being collected about you.
       2. The right to know whether your Personal Information is sold or disclosed and to whom.
       3. The right to say no to the sale of Personal Information.
       4. The right to access your Personal Information.
       5. The right, in certain circumstances, to delete the information you have provided to us.
       6. The right to equal service and price, even if you exercise your privacy rights, unless the difference in service and/or price is reasonably related to the value provided to you by your Personal Information.
  - Requests for Deletion and Information. In certain circumstances, California consumers have the right to request that we delete their information. In addition, California consumers have the right to request, up to twice in a 12-month period, that a business that collects Personal Information about the consumer disclose to the consumer the information listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information.
       1. The categories of Personal Information it has collected about that consumer.
       2. The categories of sources from which the Personal Information is collected.
       3. The business or commercial purpose for collecting or selling Personal Information.
       4. The categories of third parties with whom the business shares Personal Information.
       5. The categories of Personal Information that the business sold about the consumer and the categories of third parties to whom the Personal Information was sold, by category or categories of Personal Information for each third party to whom the Personal Information was sold.
       6. The categories of Personal Information that the business disclosed about the consumer for a business purpose.
       7. The specific pieces of Personal Information it has collected about that consumer.
To make such a request, please contact us at the contact information below.
  - Do Not Sell My Personal Information. We are not data brokers and we do not sell your data on the open market. However, under California’s new privacy law, the California Consumer Privacy Act, some of the ways we share information may constitute a “sale.” If you are an Influencer, we may share public information about you with Brands. You may also opt-in with us directly to discover new Brands. To remove your profile from Pii applications, or to make a privacy request, please submit a request online.

c. EEA Residents. EEA Privacy Rights. If you are from the European Economic Area, you have the right, under certain
circumstances, to:
  - Access your Personal Information;
  - Correct inaccurate Personal Information;
  - Request erasure of your Personal Information without undue delay;
  - Request the restricted processing of your Personal Information;
  - Request portability of the Personal Information that you have given us; and
  - To object to the processing of your Personal Information, including the ability to object to automated processing and/or profiling.If you are from the European Economic Area, you also have the right to lodge a complaint with a supervisory authority, under certain circumstances. You may contact us at the contact information below for more information, or to exercise your rights.

4. INTERNATIONAL TRANSFERS.Any data that you provide to us may be accessed, shared or processed by our offices, located in the United States, and service providers located in the United States and abroad, if such data transfer is necessary for the specific purpose for which you submitted your data (such as the provision of goods or services under a written contract). This may entail a transfer of your Personal Information across international borders, including, but not limited to, transfers from within the European Economic Area (the “EEA”) to the United States. The data protections standards may differ and be lower than the standards enforced in your jurisdiction. We maintain appropriate safeguards as required by applicable law for any Personal Information transferred internationally, and as required by applicable law, will seek your consent prior to such transfers.

5. CHILDREN’S PRIVACY.This website is not directed at individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with Personal Information, please contact us at the Contact Information below. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information.Brands are also required to implement age-gating techniques appropriate to the products and services they provide. If you become aware that an individual, Curator or Brand has provided us with Personal Information in violation of these Terms (e.g. Personal Information from individuals under 18 for tobacco products or adult services), please contact us at the Contact Information below.

6. DO NOT TRACK.Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

7. CHANGE OF CONTROL.Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your Personal Information.

8. DATA RETENTION.Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine the appropriate retention period:
  - Whether we have a legal or contractual need to retain the data.
  - Whether the data is necessary to provide our Services.
  - Whether our Brands and Curators have the ability to access and delete the data within their Pii accounts.
  - Whether our Brands and Curators would reasonably expect that we would retain the data until they remove it or until their Pii accounts are closed or terminated.
  - When we have no ongoing lawful basis to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

9. SECURITY PROTECTIONS.We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.Pii accounts require a username and password, or social media authentication, to log in. Account holders must keep their username and password secure, and never disclose it to a third party in accordance with our Terms.

10. POLICY CHANGES.We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Websites.

11. CONTACT INFORMATION.If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please contact us by postal mail or email at:  Pii
  222 W Merchandise Mart, Suite 1212
  Chicago, IL 60654
  Email: [email protected]

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