TheNotCompany, Inc. Terms & Conditions

Last Updated: Jan 5th, 2021

These terms and conditions (the “Terms of Use”) are entered into by and between the User (as defined below) and [THENOTCOMPANY, INC., a Delaware corporation] (“NotCo” or “we”). The Terms of Use govern the access to and/or use by the User of [all websites controlled by NotCo (including any content, functionality, and services offered on or through such websites) where these Terms of Use are posted] (the “Sites”), whether as a guest or a registered user.

From the time users access the Sites, they are subject to the following terms and conditions. By using the Sites, the User accepts and agrees, from that very moment, to be, fully and without any reservation, bound and to abide by these Terms of Use and our Privacy Policy, found at www.notco.com, incorporated herein by reference. Anyone who does not accept these Terms of Use must refrain from accessing or using the Sites, either directly or indirectly, and from using any information or service provided by the Sites.

The Sites are offered and available to Users who are 18 years of age or older only. By using the Sites, the User represents and warrants that he or she is 18 years or older and otherwise of legal age to form a binding contract with NotCo. If the User does not meet the age requirement, the User must not use or access the Sites.

Definitions. For the purpose of this Terms of Use, the following terms shall have the meaning set forth in this section.

“Related Party” means any affiliates, entities which control NotCo and/or subsidiaries of NotCo, as well as NotCo’s licensors, and service providers (e.g., those third parties that perform certain services for us, such as website hosting, order fulfillment, delivery of our promotional materials and product officers, clearing and processing credit and debit card payments, or performing other services on our behalf), and each of its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns.

“Third Party Websites” means other websites or locations that are operated and controlled by third parties other than NotCo or its Related Parties.

“User” or “you” means any person or persons that access to and/or use the Sites.

Ownership and Operation. The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NotCo, its licensors, or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

For more information on NotCo and our product brands, please visit, www.notco.com. The User agrees and acknowledges that the Sites are available for his/her personal and non-commercial use only and that the User has no right to use the Sites except as provided in these Terms of Use. NotCo will not be liable for any loss or damage any Users suffer in connection with any use of the Sites for commercial or other purposes not authorized under these Terms of Use. NotCo may deny or terminate any User’s access to or use of the Sites. The provision of the Sites is free of charge and thus NotCo has no maintenance or support service obligation and is not liable for any loss or damage that any User may suffer as a result of a failure to maintain or update the Sites.

The acceptance of these conditions constitutes the granting of a revocable, non-transferable and non-exclusive license to view, print and distribute the content of the Sites for personal and non-commercial purposes provided that the User does not remove or obscure the copyright notice or any other notice contained in the content of the Sites.

The User may not access or use the Sites for any purpose other than authorized by these Terms of Use, including, without limitation, not engaging in any of the following without the prior written consent of NotCo:

Copy, modify or reuse the Sites, their updates or any part of them, including the software they incorporate.

Copy, reprint, modify, display, develop, translate, distribute, adapt, transmit, communicate to the general public by telecommunication means, disclose, or sell the content from the Sites in any manner, for any commercial use, or disclose same to any third party for commercial purposes, including to any other websites other than the Sites.

Accessing or using the Sites for any commercial purposes.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate NotCo, a NotCo employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm NotCo or users of the Sites, or expose them to liability.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by NotCo. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Additionally, the User agrees to not:

Use the Sites in any way that could damage, disable, overburden or impair the Sites, or interfere with any other use of the Sites including the ability of any user to engage in real-time activities through the web.

Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including scraping, data mining, monitoring or copying any material from this Site.

Use any manual process to monitor or copy any material from the Sites, or for any other unauthorized purpose without the prior written consent of NotCo.

Use any other device, software or routine to interfere with the proper working of the Sites.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.

Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.

Any other attempt to interfere with the proper working of the Sites.

Acceptance of these Terms of Use. Your access to or use of the Sites, directly or indirectly, and/or download of information from the Sites constitute your acceptance of the Terms of Use in whole. The User’s use of the Sites and any applications, software, data, products, contests, promotions, sweepstakes and other services provided to the User by NotCo on or through the Sites (the “Services”), shall be subject at all times to these Terms of Use.

Changes to the Sites. NotCo reserves the right to update, modify or remove, in part or in whole, with or without notice, any content or information posted on the Sites as it sees fit. This right applies to any content referring to availability or stock of products or services, specifications, price, or regarding the configuration and functionalities of the Sites or information on promotional activities. Likewise, NotCo may unilaterally modify without prior notice, whenever it considers it appropriate, the structure and design of the Sites, as well as modify or eliminate the services, contents and conditions of access and/or use of the Sites.

Notwithstanding anything to the contrary above, the Sites’ content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and NotCo is under no obligation to update such material.

Eligibility and Access. The access to and use of the Sites by persons under the age of 18 shall be the responsibility of their respective parents or legal guardians. Such parents and legal guardians shall be responsible hereunder and under any applicable law for any consequences of the access and/or use of the Sites by the persons under the age of 18 under their respective parenting or guardianship.

NotCo may limit the access to certain parts of the Sites and/or specific Services to users aged 18 and over. In said case, NotCo shall clearly identify those parts of the Sites or those Services where access is limited together with the applicable terms of use. Notwithstanding the foregoing, NotCo may deny access to the Sites and/or the Services without prior notice to users who breach these Terms of Use or the particular terms and conditions applicable to them.

From time to time, NotCo may also restrict access to some parts of the Sites, or the entire Sites, to any Users in general, including registered Users. You are solely responsible for both making all arrangements necessary for you to have access to the Sites and ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

Registration. To have access to certain functionalities of the Sites, the user may be asked to make a specific registration. In these cases, or if the user wishes to register, even if such registration is not mandatory, the user must complete their personal information in the corresponding fields. Personal information includes, by way of example, but not limited to, full name, identity document, date of birth, and contact information (phone number, home address, and email address).

When registering on the Sites, it is important that the user provides accurate, complete and updated information and agrees to update such information, as appropriate, to keep it as accurate as possible. The user must enter an email and create a personal and non-transferable password to log into the Sites. The username, password, and other pieces of information given to you as part of NotCo’s security procedures are confidential, and the user must take the necessary precautions and measures to avoid misuse by third parties; you must not disclose such information to any other person or entity, and you also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions thereof using your username, password, or other security information. NotCo has the right to disable any username, password, or other identifier, whether chosen by you or provided by NotCo, ay any time in NotCo’s sole discretion for any or no reason, including if, in NotCo’s opinion, you have violated any provision of these Terms of Use.

The user is solely responsible for the access and activities carried out on the Sites and must immediately inform NotCo in case of misuse or unauthorized access and use by third parties. In case of loss or theft of the access password, the user must immediately request the change of the password on the Sites. If said request is not possible for any reason, the user must contact NotCo, subject to remain responsible for all actions on the Sites made through the registration of said user.

The user’s registration on the Sites must contain only true information. Each user is responsible for acting with caution and discernment, being responsible for all activities carried out through the Sites.

Contact. If the User wishes to contact us through the Sites, NotCo will ask for the reason for such contact, personal information such as first and last name, e-mail address and country, as well as the drafting of a message explaining the reasons for the contact. As part of the contact process, NotCo may request a username and password. The User agrees to provide accurate and complete information when contacting and using the Sites and Services. The User authorizes NotCo to store and use his or her information for the purposes set forth in these Terms of Use in order to respond to the User’s requests when accessing the Sites.

Privacy. You agree that all information and data we collect on the Sites, including without limitation all information and data you provide to NotCo through our Sites (including without limitation through registration with the Sites) are subject to our Privacy Policy, available at www.notco.com. By using the Sites, you consent to all actions we take with respect to your information in compliance with the Privacy Policy.

Ownership and Use of the Sites’ Materials, Products and Services. NotCo owns the intellectual property rights for all of the materials on the Sites. NotCo also owns or has a valid right to use all trademarks, service marks, graphics and logos used on the Sites. Unless expressly stated, no part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any use, reproduction, republication, upload, posting, transmission, modification of the materials or use of the materials for any other purpose is a violation of NotCo’s intellectual property rights and proprietary rights as well as these Terms of Use. The use of any such material(s) on any other website or computer network without NotCo’s written consent is strictly prohibited. Your use of the trademarks, service marks, graphics and logos on the Sites in any manner other than as authorized in these Terms of Use, or as authorized in writing by NotCo, is strictly prohibited.

If you download software or other digital content, including apps, from the Sites (“Products”), the Products, and all files, images and data relating thereto, will be considered as licensed unexclusively to you by NotCo for personal, non-commercial use only and at all times subject to these Terms of Use and NotCo’s other rights, interests, and titles therein and thereto. The User agrees and acknowledges that it does not and will not own the downloaded Products and that NotCo does not transfer any ownership of the Products to you. NotCo retains full ownership of and title to the downloaded Products and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, or disassemble the Products or otherwise reduce the Products to a human-readable form.

Consent. The User grants to NotCo all consents required under any applicable law, including without limitation pursuant to Law N° 19,628 on the Protection of Personal Data and any applicable U.S. federal or state laws, that may be required for NotCo or any of its Related Parties to process the Personal Information (as defined in the Privacy Policy) in accordance with these Terms of Use and our Privacy Policy, both available at www.notco.com.

Geographic Scope of the Sites. [NotCo controls and operates the Sites from the United States of America. Unless otherwise specified on or by the Sites, the Sites are intended to promote only those NotCo products that are sold by NotCo in the United States of America, and therefore NotCo makes no representation or warranty that materials and contents in the Sites or the products described thereby are appropriate or available for use in other locations. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States of America, you do so on your own initiative and are solely responsible for compliance with local laws.]

[Online Purchases and Other Terms and Conditions. All purchases through the Sites or other transactions for the sale of [goods][,/ or][services][,] [or][information] formed through the Sites, or resulting from visits made by you, are governed by our Terms of Sale available at available at www.notco.com, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.]

Linking to the Sites. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Sites other than the homepage.

Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Third Party Links. The Sites may contain links to Third Party Websites. These links are provided solely for the Users’ convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. No information, material or content of third parties contained in, referenced by, included in, or linked to or from the Sites does not imply endorsement of the products, services or information of the third parties. Any information, data, opinions, recommendations, products or services provided by these third parties, whether through links to other websites or directly through their websites, are solely those of the third parties and not of NotCo. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third Party Websites linked to on the Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of those websites.

Exclusion of Warranties regarding the Use and Functioning of the Sites and Links visible in it. The material available on the Sites is provided as is, as available and without conditions or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, User disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. NotCo makes no warranty that the Sites will meet your requirements, or that access to the Sites will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. NotCo does not warrant or makes representations regarding the use or results of the use of the material on the Sites in terms of correctness, accuracy, reliability, or otherwise. The material on the Sites may include technical inaccuracies or typographical errors and may be inaccurate or become inaccurate as a result of developments after their respective dates. NotCo undertakes no obligation to verify or maintain the currency of such information.

Regarding the functioning of the Sites, NotCo makes no warranty that (i) the operation of the website will meet the User’s requirements; (ii) access to the Sites will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Sites will be accurate or reliable; or (iv) defects will be corrected. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Sites is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

NotCo is not responsible in any way for those contents, commercial activities, products and services included that could be viewed through electronic links (links), directly or indirectly, through the Sites, especially those that could correspond to value-added content for the User, such as leisure, entertainment, curiosities, advice or others. The presence of links on the Sites, unless expressly stated otherwise, is merely for information purposes and in no case implies a suggestion, invitation or recommendation about them. These links do not represent any type of relationship between NotCo and the individuals or companies that own the websites that can be accessed through these links. NotCo reserves the right to unilaterally remove the links that appear on the Sites at any time.

Limitation of Liability. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NOTCO OR ANY OF ITS RELATED PARTIES, OR EACH OF ITS AND THEIR LICENSORS OR LICENSEES, BE LIABLE BEFORE THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, THAT MAY RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SITES OR ANY MATERIAL ON THE SITES; (II) THE CONDUCT OF ANY OTHER USER OR THIRD PARTY OF THE SITES; (III) THE UNAUTHORIZED ACCESS TO OR AMENDMENT OF THE PERSONAL INFORMATION OF THE USER; (IV) AND ANY OTHER MATTER RELATED TO THE SITES. NOTCO SHALL NOT BE LIABLE EVEN IF NOTCO OR AN AUTHORIZED REPRESENTATIVE OF NOTCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

[TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NOTCO AND ITS RELATED PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO NOTCO FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.]

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Sites. In the event that applicable law may not allow the exclusion of certain warranties or the limitation or total exclusion of liability in which case the above limitation of liability shall be construed to the maximum extent permitted by law.

Indemnification. User hereby agrees to indemnify and hold NotCo and its Related Parties harmless from and against any and all claims, judgments, actions or proceedings of any kind and from any and all damages, awards, losses, fees, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the Sites, any use of the information and data you provide to us as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.

Termination. The duration of the service of the Sites and of the services is indefinite. Notwithstanding the foregoing, NotCo may interrupt, suspend or terminate the provision of the service of the Sites or any of the services that comprise it at any time at NotCo’s sole discretion, with or without cause.

Changes to the Terms of Use. NotCo may, from time to time, change or revise these Terms of Use at is sole discretion by posting the latest version of these Terms of Use on the appliable Site(s) and indicating the date of application of such new version of the Terms of Use. The date of the “Last Update” set forth at the beginning of these Terms of Use shall indicate the effective date thereof. Your use of the Sites and your participation in the application process shall constitute your continuing agreement to the then-current Terms of Use.

Applicable Law and Jurisdiction. [These Terms of Use, as well as the relation between User and NotCo, shall be governed by and construed in accordance with the laws of the State of New York, United States. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites (“Claims”) raised by you shall be instituted exclusively in the courts located in the borough and city of New York, United States. NotCo may bring any Claims against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.]

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Waiver. No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition herein. No failure on the part of NotCo to enforce any part of these Terms of Use shall constitute a waiver of any of NotCo’s rights under these Terms of Use whether for past or future actions on the part of any person. Only a written waiver signed by a legal representative of NotCo will have legal effect.

Entire Agreement. The Terms of Use, our Privacy Policy [and our Terms of Sales] constitute the sole and entire agreement between you and NotCo regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

If you have any questions or wish to contact NotCo, you may write to whynot@thenotcompany.com