(Terms and Conditions of Use / Privacy Policy)

Revised January 16, 2017

Terms and Condition of Use

Welcome to this website located at the URL www.souland.co (this “Website”) and operated by SOUL + CO (“we”, “us” or “our”).  We provide use of this Website subject to these Terms and Conditions of Use (the “Terms”).  These Terms are effective as of the date set forth above and apply to all users (collectively, “you” or “your”) of this Website on any computer, mobile phone, tablet, console or other device.  You signify that you (1) have read, understand and agree to be bound by these Terms and any applicable laws, rules and regulations; and (2) have the legal capacity to enter a contract in the jurisdiction where you reside.  SOUL + CO may change these Terms at any time without notice, effective upon its posting to this Website.  Your continued use of this Website shall be considered your acceptance to the revised Terms.  If you do not agree to these Terms, or are prohibited from accessing or using this Website by applicable law, please do not use this Website.

We are not responsible for any third-party content that may be accessed through this Website. The presence of a third-party link does not imply a responsibility for the linked website or an endorsement of the linked website, its operator, or its content.

All content, materials and related intellectual property on this Website, except user generated content, (the “Website Content”) is owned by SOUL + CO’s holding company Googly Eyed Girl, LLC, which includes materials protected by trademark, copyright, and patent laws.  The Website Content includes all images, art, graphics, animation, photographs, text, look-and-feel, design, layout, organization, user interface, navigation and stylistic convention of this Website.  

All trademarks, service marks and trade names used on this Website (including the SOUL + CO name and logo, the EMBRACE HUMANITY EVERYONE PROFITS slogan and other marks and names) are owned by Googly Eyed Girl, LLC (collectively, the “Marks”).  Unauthorized use of any of the Marks, or of any word, term, name or symbol that dilutes any of the Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect your connection or association with SOUL + CO, or your approval or sponsorship of SOUL + CO’s products or services, is strictly prohibited by law.  You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks, except as may be allowed by the Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq.

This Website is protected by the copyright laws of the United States and other jurisdictions.  Reproduction, distribution, republication and/or retransmission of protected material contained on this Website is prohibited unless written permission of Googly Eyed Girl, LLC has been obtained, or as allowed by applicable copyright law.  

You do not acquire any ownership interest in the Website Content or the Marks by accessing, browsing or otherwise using this Website.

In the case of any violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise.  Your failure to follow these Terms may result in suspension or termination or your access to this Website, without notice, in addition to other available remedies.

Privacy Policy

We respect your privacy and understand your concerns about its protection.  Our Privacy Policy (the “Policy”) constitutes a part of these Terms and explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through this Website.  SOUL + CO may change the Policy at any time without notice, effective upon its posting to this Website.  Your continued use of this Website shall be considered your acceptance to the revised Policy.  If you do not agree to the Policy, or are prohibited from accessing or using this Website by applicable law, please do not use this Website.  

Any information sent to SOUL + CO by the internet, email or through this Website may not be secure and is done so on a non-confidential basis. Such information may be used to help diagnose problems on this Website, measure traffic, respond to direct inquiries, and for system administration. This information is not provided to any third-party without your authorization, unless required to do so by law, court order, other requirement by a governmental or legal entity, to enforce our policies or to defend ourselves against third-party claims.  We may also share information with companies assisting in fraud protection or investigation.

We collect information from you when you fill out a contact form or otherwise contact us through this Website.  When you contact us through this Website, as appropriate, you may be asked to enter your name and e-mail address. You may, however, visit this Website anonymously. The personal information that you provide must be true, accurate and complete.  The email address you provide, will only be used to send you information and updates pertaining to your inquiry.   

This Website is not set up to track, collect or distribute personal information not entered by visitors.   This Website’s logs do generate certain kinds of non-identifying Website usage data, such as the number of hits and visits to this Website. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information. No personal information is collected.

This Policy covers personally-identifiable information and other solicited visitor information that may be collected on this Website.  This Policy does not cover information that may be collected by us through any other means other than as described above.  It also does not apply to any unsolicited information you provide through this Website.  All unsolicited information shall be deemed to be non-confidential.

We will not knowingly collect any information from anyone under 13 years of age. This Website is directed to people who are at least 13 years old or older. No personally-identifiable information should be submitted to, or posted at, this Website by visitors under 13 years of age without the prior written consent of their parent or guardian.

DISCLAIMER

THIS WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, SOUL + CO, AND ITS HOLDING COMPANY GOOGLY EYED GIRL, LLC, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF CONDITION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE WEBSITE CONTENT.

SOUL + CO, AND ITS HOLDING COMPANY GOOGLY EYED GIRL, LLC, DO NOT WARRANT THAT THE WEBSITE, THE WEBSITE CONTENT, ANY SERVERS HOSTING THE WEBSITE OR ANY COMMUNICATION SENT BY OR ON BEHALF OF SOUL + CO, ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, DISABLING DEVICES, INACCURACIES, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR REQUIREMENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS, UNINTERRUPTED ACCESS TO OR USE OF THIS WEBSITE OR ANY WEBSITE CONTENT, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS WEBSITE OR WEBSITE CONTENT WILL BE CORRECTED.  YOU USE AND ACCESS THIS WEBSITE AND THE WEBSITE CONTENT AT YOUR OWN RISK AND DISCRETION.  WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, BUSINESS OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITE OR YOUR DOWNLOADING OF THE WEBSITE CONTENT.  YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM YOUR ACCESS AND USE OF THIS WEBSITE AND ANY WEBSITE CONTENT, AND FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.

NO ADVICE, RESULTS, STATEMENT OR INFORMATION OBTAINED THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES SHALL SOUL + CO AND ITS HOLDING COMPANY GOOGLY EYED GIRL, LLC BE LIABLE FOR ANY DAMAGES, LOSS OR INJURY OF ANY KIND THAT ARISES OUT OF OR IN CONNECTION WITH: (A) THESE TERMS; (B) THE USE OR RELIANCE ON THIS WEBSITE OR THE WEBSITE CONTENT; (C) THE DELAY OR INABILITY TO USE THIS WEBSITE; OR (D) ANY INFORMATION OBTAINED THROUGH THIS WEBSITE, ALL OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS OPPORTUNITIES, OR REVENUES, LOSS OF GOODWILL OR REPUTATION, ANY LOSS, DELETION OR CORRUPTION OF, OR DAMAGE TO, HARDWARE, SOFTWARE OR DATA, ANY INCONVENIENCE OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED, OR MULTIPLE DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE.

WITHOUT LIMITATION OF THE FOREGOING, SOUL + CO AND ITS HOLDING COMPANY GOOGLY EYED GIRL, LLC WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT OR ANY LINE FAILURE.  

Because some jurisdictions do not allow the disclaimer of implied warranties and the limitation of liability, the foregoing will not apply to you.

If you have any questions about the Terms and Conditions of Use and/or the Privacy Policy, please e-mail SOUL + CO at hello@souland.co