PRIVACY POLICY & TERMS OF SERVICE

Elgin Charles, Inc. (“Company,” or “we,” or “us,” or “our”) has created this privacy policy (the “Policy”) to explain its privacy practices to any and all potential visitors so they will understand when and how business or personal information is collected, used, disclosed and protected with respect to this website (the “Site”).

INDIVIDUALS MUST BE 18 YEARS OF AGE OR OLDER TO USE THIS SITE AND YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. BY USING THE SITE, YOU SIGNIFY YOUR CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS POLICY, AS MODIFIED FROM TIME TO TIME BY US. THEREFORE, YOU SHOULD CAREFULLY REVIEW THIS POLICY SO YOU UNDERSTAND OUR PRIVACY PRACTICES. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS FROM THIS POLICY AT ANY TIME. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS POLICY MEANS YOU ACCEPT THESE CHANGES.

Use of Information

Our Site may collect up to two kinds of information: company/personal (such as company name, your name, address and e-mail address); and aggregate information (such as the number of users who log on to the Site on a daily basis). As a general policy, no personally identifiable information is automatically collected from your visit to our Site. However, if you engage in the Company’s e-commerce, promotional or interactive activities offered on the Site, you will be asked to provide us with some specific information about your company, if any, and/or yourself (“Private Information”). When you set up an account on the Site, or purchase items from the Site, we collect Private Information (which you provide) that may include your: (i) company name, if any; (ii) your first and last name; (iii) billing address; (iv) email address; (v) phone number; (vi) credit card or PayPal account number; (vii) items purchased from us; and (viii) browsing and purchase patterns. As warranted, you may be able to change or update your Private Information on the Site by changing your account information. The Private Information you submit will be used in connection with your activities, and to carry out your requests, respond to your inquiries, and to notify you (if applicable) regarding any promotions or product updates. By providing any Private Information to the Site, all users, including without limitation users throughout the Entire World, fully understand and unambiguously consent to the collection and processing of such information in the United States.

From time to time, we may collect general statistical or aggregate information. Such information can include the type of browsers being used (e.g., Internet Explorer, Firefox), the operating system you are using (e.g., Windows XP, Vista, Windows 7, or Mac OS), the number of users that visit a specific page on the Site and the character and duration of such visits. This information may be used to help analyze Site traffic and improve our services. At no point, however, will the aggregated information personally identify you.

We reserve the right to disclose any personal or aggregate information if required to do so by law, including compliance with legal process served on Company, or if we believe that such action is necessary in order to (a) protect or defend the legal rights or property of Company, the Site, or its users, sponsors, providers, licensors or merchants; or (b) protect the health and safety of the Site's users, sponsors, providers, licensors or merchants or the general public in an emergency.

You should refer to the rest of this Policy to see how we use, disclose and protect this information:

Information You Give Us

We collect information you give us when you use our Site. Examples include, but are not limited to, the following:

• Automatically Collected Information. We automatically receive certain types of information whenever you interact with us. For example, when you visit the Site, our systems automatically collect your IP address and the type of browser you use. Information may be automatically collected through the use of “cookies” which are discussed in more detail below. We may also collect information about your browsing behavior, such as IP address information, entry and exit points for the Site, search terms, website addresses you visit, page views, and impressions.

• Cookies. Cookies are small text files placed on your hard drive by a website when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can determine how to improve our sites by seeing which areas, features and products are most popular, to personalize the site and improve the site experience. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of our site available to the general public but you may not be able to use some of the Site’s features or services and you may have a less satisfactory experience.

Children's Privacy Policy

This website is intended for use by individuals who are 18 years of age or older. Accordingly, Company does not knowingly, directly or passively, collect information from individuals under the age of 18. If we create offers and products that make it appropriate to collect information from individuals under the age of 18, we will notify you of the change in this Policy.

USE OF PERSONAL INFORMATION

Internal Use of Private Information

Information In general, we use Private Information internally to serve our users, to enhance and extend our user relationships so our users may take maximum advantage of our products and services. For example, by understanding how you use our Site from your computer, we are able to customize and personalize your experience. More specifically, we use Private Information to provide services or to anticipate and resolve problems with our Site, or to respond to customer support inquiries, and to create and inform you of new products or services from Company or others that may better meet your needs. You should review the following section to understand when Company discloses Private Information to non-affiliated third parties.

Use and Disclosure of Private Information

The following section describes these uses and disclosure practices more fully:

• Internal Analysis. We may use information about you or your company for our own internal statistical, design, or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns as well as to understand demographic, customer interest, and other trends among our users. We may outsource these tasks to third parties; however, the third parties may not use or disclose your personal information for any other purposes.

• Business Transfers: Information about our users and the Site is one of our most important business assets. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site or fulfill products, sale or pledge of Company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the Company.

• Protection of Company and Others: As referenced above, we release personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to protect our rights or property, or to protect our users from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Security of Private Information

We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Private Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Site. However, even with the best technology, no Site is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Private Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security. Although we will exercise great care to provide a secure transmission, we cannot guarantee that the Private Information you submit to us will be free from unauthorized third party intrusion. You, therefore, understand and agree that all information you submit to Company or post on the Site is done so at your own risk.

Third Party Websites

Please be aware that we may provide links to third party websites from the Site as a service to our users and we are not responsible for the content or information collection or use practices of those sites. Accordingly, we hereby expressly disclaim all responsibility and liability which may arise therefrom or in connection therewith. Please also note that these websites' privacy policies will differ from those of Company. Therefore, we encourage your to review and understand their privacy practices before providing them with information.

Network and Information Security

You should be aware that Company has no control over the security of other websites on the Internet that you might visit, interact with, or from which you buy products or services.

Updating This Policy

We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Any changes will be posted to this document so that you will always know what information we gather and how we use it. You are encouraged to print or download a copy of this document from time to time for your records. We will use information in accordance with the most current privacy policy. Your continued use of the Site following the posting of changes to this Policy means you accept these changes.

Contacting Us

If you would like to make sure that the information we do have about you is accurate or if you wish to change your information in our database, just send an e-mail message explaining the, correction or change to: info@elgincharles.com. If you have any questions, comments or concerns about this Policy, please visit our Contact page.

This website (“Site”) is the property of Elgin Charles, Inc. (“Company”). Please read these terms and conditions (“Terms”) before using this Site. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.

Copyright and License The content within this Site, including, without limitation, the design, source code, software, text, typefaces, graphics, sounds, music, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company, ALL RIGHTS RESERVED Copyright © 2016 Elgin Charles, Inc. and/or its licensors. Elgin Charles ™ is a trademark of Elgin Charles, Inc. You are granted a limited, non-sublicensable right to access this Site, and to print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:

• publicly perform, display, or publish any Content on broadcast, digital media, commercial print publications media or any other form of media, or make other derivative uses of the Site or the Content;

• sell, market, distribute, or make commercial use of the Site or any Content;

• use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or

• collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.

Trademarks and Service Marks

All Company names, product names, trademarks, slogans and logos on this Site are either trademarks, service marks, or registered trademarks of Company or its affiliates or its suppliers and licensors and are the property of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder.

Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product or service name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company's names or logos mentioned herein are the property of their respective owners. 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 us.

Privacy

By using cookies, this Site automatically recognizes the user’s Internet service provider and does collect information on which pages are visited. However, the user cannot be recognized as an individual. Company collects information volunteered for promotions, e-commerce, or interactive elements. For more information regarding Company’s privacy policy, please visit our privacy page.

Use of Material Submitted to Company (User Generated Content)

You hereby grant Company and its agents, affiliates, successors and assigns an irrevocable, universal, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use and/or edit all submitted communications or files provided by you to Company, or this Site, via message boards, forums, uploads, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”) and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material in any manner and for any purposes on the Site. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and you acknowledge and understand there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information.

Unauthorized Use Prohibited

The user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.

Commercial Advertisements and Other Prohibited Material

The user will not: post commercial advertisements; create/send commercial greeting cards (e-cards); create/send “spam” bulk messages, or other solicitations, in any manner relating to other websites, products, or services. In addition, Company reserves the right to remove without notice any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or constitutes an invasion of privacy, or which in any manner violates these Terms. Company reserves the right to remove a user’s registered account at any time for violating these Terms.

Third Party Links

Company may, at our sole discretion, provide links to related Internet web sites, resources, sponsors, affiliates and other unrelated third parties of Company and other content of third parties as a service to those interested in this information. Company is neither a sponsor, partner, promoter nor publisher of such web sites or their content. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, availability or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website. Users should direct any concerns regarding any external link to the web site administrator or webmaster of such other web site. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not frame any Company trademark, logo or other proprietary information, including the Company Content, without Company's express prior written consent.

No Warranties

THIS SITE, THE CONTENT, MATERIAL, AND PRODUCTS AND SERVICES CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS AND SERVICES PURCHASED OR USED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT, PRODUCTS, OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, REPRESENTATIVES, AGENTS, AFFILIATES, SUPPLIERS, DISTRIBUTORS, LICENSEES, LICENSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND (WHETHER FOR NEGLIGENCE, TORT OR BREACH OF CONTRACT), INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES OR DATA ARISING FROM YOUR USE OF THE SITE, OR THE PRODUCTS OR SERVICES THEREIN, OR THE INABILITY TO USE THE SITE, EVEN IF THE COMPANY PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE AND THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE COMMUNITY SECTION OF THE SITE.

Indemnification

In using this Site, users expressly waive any and all claims that they may have against Company and the Company Parties. You agree to indemnify, defend, and hold harmless Company and the Company Parties, together with all of their officers, directors, shareholders, members, managers, employees, attorneys, accountants, representatives, agents, affiliates, suppliers, distributors, licensees, licensors, successors and assigns, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exhibition of the Materials and Information on the Site.

Applicable Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without resort to its conflict of law provisions. Please note that your use of the Site may be subject to other local, state, national and international laws. You agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Arbitration Rules and with a panel consisting of one arbitrator unless that number be increased by consent of the parties; provided that Company may seek provisional relief including, but not limited to temporary and permanent injunctive relief, in instances in which Company may suffer irreparable harm and monetary damages will be inadequate to compensate Company for such harm. The arbitrator shall have expertise in the subject matter of the dispute. However, in any arbitration proceeding arising under these Terms, the arbitrator shall not have the power to change, modify or alter any express condition, term or provision hereof, and to that extent the scope of his or her authority is limited. Before rendering a final decision, the arbitrator will first act as friendly, disinterested party for the purpose of helping the parties reach compromise settlements on the points in dispute. The expenses of the arbitration shall be borne equally between the parties to the arbitration; however, each party shall pay for and bear the cost of its own expert, evidence and legal counsel. The arbitration hearings shall be closed and confidential. Judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. The arbitration shall take place in Los Angeles, California. For such purpose, you hereby consent and submit to the jurisdiction of the courts in the City of Los Angeles, State of California, and hereby agree that service of process on any party may be effected by certified mail, return receipt requested, postage prepaid. You waive any objection which you may have based on improper venue or forum to the conduct of any such arbitration in the City of Los Angeles, California. The arbitrator may award costs and reasonable attorney’s fees to the prevailing party.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.

Digital Millennium Copyright Act

Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at Elgin Charles, Inc., 16633 Ventura Boulevard, Suite 1450, Encino California 91436, attention Copyright Department, or by email at info@elgincharles.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:

“I have a good-faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good-faith belief that the use is infringing.”

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