Terms of Use and Privacy Policy Reviewed and effective since May 29, 2021 A. TERMS OF USE ACKNOWLEDGEMENT. To provide you the best service we ask you to review the points of the Terms of Use and Privacy Policy below. You are accessing our website (Service). You, the individual are accessing the Service or the Legal entity or corporation on behalf of you are accessing the Service (You). You can access the Service in person or using automation. If you continue using our Service, You agree to all the terms of the details of this agreement. Please read the Terms of Use and Privacy Policy carefully. CHANGES. We may modify this Terms of Use and Privacy Policy to reflect changes in the service or laws and the regulatory environment. We notify you of such changes by updating this agreement on our Website at https://schmied.us/termsofuse.txt. If you continue using our website you agree to all the terms of the details of the revised agreement. It is important for you to regularly review the document's Terms of Use and Privacy Policy to ensure that you are updated about any changes. We may notify you with other means such as email or social media but we are not obligated to do so. AGE RESTRICTIONS. We only allow people above the age of 18 to use our service. If you are younger than 18 years, you are prohibited to use our service. You cannot use our service if you are under the age of 18, even with parental consent. INTELLECTUAL PROPERTY. You agree that you will use the Service acknowledging all the intellectual property, copyright, and patent rights. PERSONAL USAGE. Hereby we grant a worldwide license to You to use our Service with the underlying software while you access our service regulated by this Terms of Use agreement. You agree that you respect the privacy rights of other users while using our service as outlined in the Privacy Policy. You cannot copy, modify, or act on any Personal Information found on the Service. You agree to reasonable use. You agree that you use the service fairly and ordinarily, and your usage does not limit the reliability, security, privacy, or performance of the Service significantly above what is reasonably expected. AUTOMATED USAGE. You agree that you can use an automated service to collect statistics and other public information about the service. You agree that you respect the privacy rights of other users while using our service as outlined in the Privacy Policy. You are not our vendor. You cannot copy, modify, or act on any Personal Information found on the Service. You agree to reasonable use by automation. You agree that your automation uses the service fairly and ordinarily, and your automation does not limit the reliability, security, privacy, or performance of the Service significantly above what is reasonably expected. PAYMENT. Our Service is for profit. Some products and services will be provided for a Fee. You agree to pay the Fees for the service and we can discontinue the service without any further notice if the payment is partial or the payment was not received. THIRD-PARTY CONTENT. Our service does reasonable due diligence to protect you as a user from third-party content and malware. Our company does not accept any liability for any third-party content, virus, malware, and we will not be liable for any claim, loss, damage, costs, or expenses suffered or incurred by any person as a presence of such third party content. This applies to any Third Party Content that can be accessed through links found on our Service, regardless of whether the link is provided by our Company, or it is a User Content. You are responsible for reading and complying with any terms of Third Party services. USER-GENERATED CONTENT. You may post, upload or otherwise contribute content to the Service. This may include text, images, traces, usage statistics, comments, and other content. You promise that, concerning any such user content you own and have the right to provide us that content, and you testify that user content and the use of user content by our service comply with this Terms of Use and Privacy Policy and it complies with applicable law, intellectual property, publicity, personality, or other rights of others. You also agree that providing user content does not imply any affiliation with or endorsement of you by the Service or our company. You cannot use any copyright, trademark, service mark, artist name, brand, label, or entity of our company without or express written agreement. Our company is not obligated to review or monitor user content. We reserve the right to remove, disable access to, mark, or label user content for any or no reason. We will do due diligence to mark and label removed or disabled content so that the reason is obvious and actionable. We may remove content that violates Terms of Use or Privacy Policy agreements at any time without any notice. We do not promise to review or monitor user content. If any third parties bring a claim against our company related to user content provided by you, under permissible under local law, you will indemnify and hold our company harmless from and against all damages, losses, and expenses of any kind including attorney fees arising from such claim. TERMINATION. You can suspend or terminate this agreement by discontinuing the use of our Service at any time. We can suspend or terminate your Service with or without any warning or reason at any time. We can suspend or terminate your service if ordered to do so by the court. We do not offer refunds of any service fees if the termination happened due to the violation of any terms of the Terms of Use and Privacy Policy. We may keep your Personal Information for up to a year after termination. You may object to the reason for termination, request us to disclose, modify, or delete your Personal Information by contacting us as it is described in the Privacy Policy. LIMITATION OF LIABILITY. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Service unless advised by applicable law (e.g. CCPA). MERCHANTABILITY. Fitness for a particular purpose, merchantability To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. WARRANTY. "AS IS" and "AS AVAILABLE" DISCLAIMER. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. INDEMNIFICATION. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law. Shall any provision of Terms of Use and Privacy Policy be unenforceable, it does not affect the validity and applicability of other terms described herein. COMPLIANCE. The United States Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. FOREIGN RESTRICTIONS. You have to be legally permitted to use our service by the laws of your country of residence and the law of the State of California. JURISDICTION. These Terms of Use and Privacy Policy shall be governed by the laws of the State of California. Every dispute concerning the interpretation or effect of these Terms of Use, and/or your use of service must be resolved in the state, district, or federal courts situated in the State of California. You agree to the jurisdiction, subject matter jurisdiction, and venue of these courts. B. PRIVACY POLICY To provide you the best service, we ask you to review the points of the Privacy Policy below. If you continue using our website you agree to all the terms of the details of the Privacy Policy below. ACKNOWLEDGEMENT. We collect information about you that is necessary to run our service. We process it with your consent. We require only the minimum amount of information that is necessary to provide the service. We do not sell your information to third parties. We only share your information with our vendors to provide you the best service possible. We only use your information as described in the details sections below. INFORMATION COLLECTED. We only collect information that is necessary to provide you the Service. We collect personal information that identifies, relates to, describes, and is linked to or associated with you (the consumer) or your household. WHAT WE COLLECT. We collect your name, physical address, phone number, email, and age if it is applicable. We do not collect your birthdate. We collect financial information to process your payment. We do not store your financial information once we received your payment. We collect usage statistics to serve you with a better service. Usage statistics are anonymous. Usage statistics may correlate to individual customers in situations when the usage is unique. An example is a timestamp that correlates with the time when the user used the service. We have no means to directly relate that data to Personal Information about you. RETENTION. We delete Personal Information within a year of collection. We only keep aggregate and fully anonymized data longer than one year. INFORMATION SHARING. We collect information about you that is necessary to provide you the Service with our vendors. We only share information to provide this service and we only share information with our vendors. We share your Personal Information with you if you request it. This is our best practice and it helps to comply with CCPA or GDPR, if applicable. We may share information about you with government organizations, but only if the applicable written law or a court order requires us to do so. YOUR RIGHTS. Your rights regarding your Personal Information are the following. RIGHT OF DATA PORTABILITY. We store your Personal Information in human-readable plain text format. This allows us to verify the information without additional tools. We use this format when disclosing any information to you upon request. RIGHT TO DISCLOSE. You have the right to request us to disclose the type and all the details of the information that we collected about you. We also disclose the information that is related to or associated with you. Personal Information and information directly attributed to you cannot exceed 1 Megabyte. DELETION RIGHTS. You have the right to request us to delete any personal information about you. Deleting information that identifies you or information that can be traced back to you may leave us only anonymous information that cannot be directly attributed to you in any means. RETENTION RIGHTS. We keep your personal information for a year after using the service. We automatically delete any Personal Information after one year of the date of collection. AGE RESTRICTIONS. We only allow people above the age of 18 to use our service. If you are younger than 18 years, you are prohibited to use our service. You cannot use our service if you are under the age of 18, even with parental consent. This helps us to meet the requirements of the CCPA and GDPR. RIGHT TO OBJECT SELLING. We only share your information as described in the section "Information sharing". We never sell your information to anyone, who is not our vendor. Vendors have to comply with this Privacy Agreement. If you notice that your information might be used by third parties that are not our vendors or in a way that is not related to this service, please contact us. RIGHT TO RESTRICT PROCESSING. We collect information from you that is necessary to provide you the service with our partners and vendors. You have the right to object to any actions including but not limited to marketing or filtering that our company, our vendors, or the service performs based on your Personal Information. We either disable the specified actions related to you or disable all personalized actions by disabling or deleting the Personal Information about you. RIGHT OF ACTION. RIGHT OF RECTIFICATION. You have the right to request us to act on your Personal Information so that the guidelines of this Terms of Use and Privacy Policy are met. If you notice that there is incorrect or missing information in the data that we store about you, you have the right to request us to correct it. We may require proof so that we have up-to-date information. RIGHT TO RECOVER DAMAGES. You have the right to recover any damages that arise from us not following this Privacy Agreement. Please refer to the up-to-date CCPA guidelines for details. You may require civil action to recover damages above what the cost of the service covers. APPLICABLE LAW. Our company is located in San Jose, California. You agree that the applicable law is the law of the State of California and the California Consumer Privacy Act. You may use our services from countries, where the General Data Protection Regulation (GDPR) is applicable. We comply with the GDPR standards. SUPPORT RIGHTS. We process and answer your inquiries within 30 days of request. This Terms of Use and Privacy Policy agreement does not apply to Personal Information that is stored by our company about you and that was not collected by this Service including but not limited to court documents, legal letters, support emails, and other documents. CONTACT. Should you have any questions or concerns regarding this contract, you can contact us using the following information. Schmied Enterprises LLC hq@schmied.us 5703 Meridian Avenue San Jose, CA 95118 USA DOMAINS. The following domains are covered by this document. botanical23.com eper.io foundersreview.us schmied.us showmycard.com Copyright© Schmied Enterprises LLC. All rights reserved.