TERMS OF USE

  1. Introduction

These Terms of Use (the “Terms” or “Agreement”) govern your access or use of the websites, content, products, services and features (the “Services,” as more fully defined below) owned and made available by The Confidence Co. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "The Confidence Co." or “Confidence Co.”). By accessing or using www.theconfidence.co (the “Site”), any Confidence Co. mobile application (the “App”), or any other platforms or services The Confidence Co. may offer  (collectively, the “Service” or our “Services”), or by purchasing any of the products or features sold by The Confidence Co. on or in connection with the Services (the “Products”), you agree to, and are bound by, these Terms. For clarity, to the extent applicable, any reference to the Services shall also include any Products.  We may add additional Services or Products as we expand our offerings and these Terms will govern those new Services and Products when added.  This Agreement applies to anyone who accesses or uses our Services. You may be accessing our Services from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Services and your conduct, regardless of the means of access.  PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE CONFIDENCE CO. In these Terms, the words "including" and "include" mean "including, but not limited to."

 

Your use of our Services is also subject to our Privacy Policy, and any terms disclosed and agreed to by you when you purchase, use or access additional features, products, or services from The Confidence Co. (“Additional Terms”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.  These Terms expressly supersede prior agreements or arrangements with you. The Confidence Co. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

  1. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Services is Copyright (c) of The Confidence Co., ALL RIGHTS RESERVED (the “Confidence Co. Copyright”.) The compilation (meaning the collection, arrangement and assembly) of all content on the Services is the exclusive property of The Confidence Co. and protected by U.S. and international copyright laws. All software used on the Services is the property of The Confidence Co. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Services for the sole purpose of placing an order with The Confidence Co. or otherwise using and accessing the Services pursuant to these Terms. Any other use of materials on the Services - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of The Confidence Co. is strictly prohibited.

We grant you a limited license to access and use the Confidence Co. Copyright as provided under Section 9 below, and we reserve all other rights.

  1. Trademarks

All page headers, custom graphics, button icons, trademarks, logos, marks, names and other content shown on the Site and Services are service marks, trademarks, and/or trade dress of The Confidence Co. (the “Confidence Co. Trademarks”) and may not be used in connection with any product or service that is not offered by The Confidence Co. in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

We grant you a limited license to access and use the Confidence Co. Trademarks as provided under Section 9 below, and we reserve all other rights.

 

  1. Creating an Account; Your Responsibilities

When you use our Services or purchase any Products, you may be required to create an Account with The Confidence Co. (your “Account”.)  You may be asked to provide certain information about yourself, like your name, email address, mailing address, phone number, (collectively, your “Personal Information”) and any other Content (as defined below) which you may choose to provide. Your Personal Information is subject to our Privacy Policy. For information about how The Confidence Co. and its affiliates collect, use, and share your Personal Information, please read our Privacy Policy.  For clarity, to the extent applicable, any references hereunder to Content shall include any Personal Information you have provided to us pursuant to these Terms.

By using our Services and purchasing any Products, you represent and warrant that:

  1. You are at least 18 years old;
  2. You are legally qualified to enter a binding contract with The Confidence Co.;
  3. You are not prohibited by law from using our Services;
  4. You do not have more than one Account on our Services; and
  5. You have not previously been removed from our Services by us, unless you have our express written permission to create a new Account.

If at any time you cease to meet these requirements, you must immediately delete your Account, and we retain the right to remove your access to our services without warning.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Confidence Co. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You agree to:

  • Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
  • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  • Use the latest version of the Site and/or App;
  • Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;
  • Be respectful when communicating with any of our customer care representatives or other employees;
  • Maintain a strong password and take reasonable measures to protect the security of your login information.
  • Present yourself respectfully and authentically.

You agree that you will not:

  • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
  • Use the Services in a way that damages the Services or prevents their use by other users;
  • Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
  • Use our Services for any harmful, illegal, or nefarious purpose;
  • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
  • Post or share Prohibited Content (see below);
  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  • Use another user’s Account;
  • Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
  • Violate the terms of the license granted to you by The Confidence Co. (see Section 6 below).
  • Disclose private or proprietary information that you do not have the right to disclose;
  • Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without The Confidence Co.’s prior written consent;
  • Express or imply that any statements you make are endorsed by The Confidence Co.;
  • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
  • Upload viruses or other malicious code or otherwise compromise the security of our Services;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
  • “Frame” or “mirror” any part of our Services without The Confidence Co.’s prior written authorization;
  • Use meta tags or code or other devices containing any reference to The Confidence Co. or the platform (or any trademark, trade name, service mark, logo or slogan of The Confidence Co.) to direct any person to any other website for any purpose;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
  • Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
  • Use, access, or publish the The Confidence Co. application programming interface without our written consent;
  • Probe, scan or test the vulnerability of our Services or any system or network; or
  • Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content—The Confidence Co. prohibits uploading or sharing content that:

  • Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
  • Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
  • Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
  • Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
  • Is defamatory, libelous, or untrue;
  • Involves the transmission of “junk” mail or “spam”;
  • Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from The Confidence Co. or otherwise;
  • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • Was not written by you or was automatically generated, unless expressly authorized by The Confidence Co.;
  • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
  • Is inconsistent with the intended use of the Services; or
  • May harm the reputation of The Confidence Co. or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your Account.

 

  1. Billing and Payments; Subscriptions

We accept the following types of payment: Visa, Mastercard, American Express, Discover, Google Pay and Amazon Pay.  You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions.  Any information you share with such third party payment service providers will be subject to our Privacy Policy and Section 11 of these Terms. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.

If you purchase a subscription to our Service or the Products (a “Subscription”), your Subscription is subject to the following terms:

  • You will receive the Product or Service at the frequency and quantity that you select. You can log into your account to customer your Subscription at any time; if you do not update or change your Subscription, we will automatically send you your subsequent Subscription based on your previous/current selection.
  • Your Subscription will remain in effect unless and until it is cancelled by you or The Confidence Co. We reserve the right to cancel your Subscription at any time, for any or no reason, with or without notice to you.
  • You will be charged the recurring fees and charges for your Subscription, plus applicable taxes and shipping and handling (the “Subscription Fees”) to your default payment method for your first Subscription order. You will continue to be charged the Subscription Fees at the time of each shipment for all subsequent orders unless and until you cancel or change your Subscription.
  • You may cancel or delay your Subscription at any time by logging into your account through our website.
  • All Subscription orders are processed on the renewal date of your first Subscription Order, unless you change your Subscription.
  • Any changes to your Subscription must be completed more than 24 hours prior to your next scheduled renewal date in order for such change to be reflected on the next order.
  • Once a Subscription order has processed, it cannot be cancelled.

Refund Policy

We assess refund requests on a case-by-case basis. Please reach out to support@theconfidence.co for more information.

 

  1. Product Information

The products displayed on the Services can be ordered and delivered only within the U.S. All prices displayed on www.theconfidence.co are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Confidence Co..

All material and information presented by The Confidence Co. is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Services by The Confidence Co. are not intended to diagnose, treat, cure or prevent any condition or disease.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Services is not meant to serve as a substitute for professional medical advice: these Services are solely online stores for specialty Products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The Confidence Co. does not give or intend to give any answers to medical related questions and these Services do not replace any medical professional or medical resource. The Confidence Co. does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Services. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The Products available on the Services, including any samples The Confidence Co. may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from The Confidence Co.. The Confidence Co. reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by The Confidence Co. in its sole discretion.

Except where prohibited by law, The Confidence Co. may limit the number of products available for purchase.

 

  1. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Services, including information you may transmit in connection with the purchase of our Products, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Services.

 

You represent and warrant to us that the Content you provide to us is accurate, including any information submitted through any third-party sources (if applicable), and that you will update your Account information as necessary to ensure its accuracy.

The Content included on your individual profile should be relevant to the intended use of our Services. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

 

  1. Your Use of Content on the Services and Limitation of Liability

The Confidence Co. provides the Services, Products, and all other applications and services on the Services as an e-commerce platform and forum only. The Confidence Co. is not liable for any statements, representations, or Content provided by its users in any public forum on the Services or any third party application or website (a “Third Party Site”.)  Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Services or any Third Party Site, is not controlled by The Confidence Co. The Confidence Co. cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that may be offensive, indecent or objectionable and The Confidence Co. shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. To the extent not prohibited by applicable law, under no circumstances will The Confidence Co. be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Services or through the Community.

  

  1. Your Content Submissions

The Confidence Co. does not endorse any Content or any opinion, recommendation or advice expressed therein, and The Confidence Co. disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to The Confidence Co. through the Community, (a) such Content is not confidential or proprietary and The Confidence Co. has no obligation of confidentiality, express or implied, with respect thereto; (b) The Confidence Co. may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from The Confidence Co. under any circumstances unless you are otherwise notified by The Confidence Co. in writing.

By creating an Account, and for any Content that you submit, you grant The Confidence Co. a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

All Content that you submit on public parts of our Services is not confidential and may be used at The Confidence Co.'s sole discretion. The Confidence Co. and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Services. In particular, The Confidence Co. and its designees will have the right to remove any Content that The Confidence Co. deems, in its sole discretion, to violate any other provision of these Terms of Use. You acknowledge that you, not The Confidence Co., are responsible for the contents of any Content you submit. None of the Content that you submit on public parts of our Services shall be subject to any obligation of confidence on the part of The Confidence Co., its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

 

  1. Our Content

For as long as you comply with these Terms, The Confidence Co. grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to (i) access and use our Services and/or to shop for and purchase our Products, and access and use any Confidence Co. Trademarks, Confidence Co. Copyright, or Confidence Co. Content, solely for the purposes as intended by The Confidence Co. and permitted by these Terms and applicable laws, and (ii) access and use any Confidence Co. Trademarks, Confidence Co. Copyright, or Confidence Co. Content, and any other content, information and related materials that may be made available through the Services or in connection with your shopping and purchase of our Products, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by The Confidence Co. and The Confidence Co.'s licensors.

 

  1. Third Party Content and Third Party Services

The Confidence Co. may provide content of third parties ("Third Party Content") or links to third party services or offerings (“Third Party Services”) as a service to those interested in this information. You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and Third Party Content (collectively, “Third Party Terms”).The Confidence Co. does not monitor, approve or have any control over any Third Party Content or the Third Party Services and the inclusion of links to Third Party Content or Third Party Services does not imply any association or relationship between The Confidence Co. and such third party. The Confidence Co. does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. The Confidence Co. is not responsible for updating or reviewing Third Party Content or Third Party Services.

Additionally, The Confidence Co. is not responsible or liable for your compliance or noncompliance of such Third Party Terms. You use Third Party Content and Third Party Services at your own risk. Third Party Content does not necessarily reflect the views of The Confidence Co.

 

  1. Account Termination

You can delete your account at any time by logging into the App, going into settings and account information, and deleting your account. If you need assistance, please reach out to support@theconfidence.co

 

  1. Reservation of Rights

The Confidence Co. reserves the right, at any time, without notice and in its sole discretion, to terminate your Account and to block or prevent your future access to and use of the Community and the Services. The Confidence Co. may access, preserve and disclose your Account, your Personal Information and your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of The Confidence Co. (and its employees), its users and the public.

 

  1. Disclaimer of Warranties

THE CONFIDENCE CO. PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE CONFIDENCE CO. DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, THE CONFIDENCE CO. MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

THE CONFIDENCE CO. TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES THE CONFIDENCE CO. TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH THE CONFIDENCE CO.. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. THE CONFIDENCE CO. IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

  1. Disclaimer of Liabilities

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CONFIDENCE CO., ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) YOUR PURCHASE OF OR USE OF THE PRODUCTS. IN NO EVENT WILL THE CONFIDENCE CO.’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE CONFIDENCE CO. FOR THE SERVICES OR PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR RESPECTIVE CLAIMS.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless The Confidence Co. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Services or the Products; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth hereunder; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Services or Products.

 

  1. Dispute Resolution

If you are dissatisfied with our Services or Products for any reason, please contact The Confidence Co. Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against The Confidence Co., these terms will apply.

Arbitration, Class-Action Waiver, and Jury Waiver

Except for users residing where prohibited by law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against The Confidence Co. any class action, class arbitration, or other representative action or proceeding.
  2. By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the The Confidence Co. (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Governing Law

Except for users residing where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Venue

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in San Diego County, California, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with The Confidence Co. that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of San Diego County, California, U.S.A. You and The Confidence Co. consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.

 

  1. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates The Confidence Co.’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

  1. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Confidence Co.'s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

  1. Entire Agreement

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy and any Additional Terms, contain the entire agreement between you and The Confidence Co. regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of The Confidence Co. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind The Confidence Co. in any manner.