ACCEPTANCE OF TERMS OF SERVICE.You agree that by accessing the Site and using the Services, you have read, understood, and accepted to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service, and other operating rules and policies that may be published on the Site by us, apply to all users of the Site, including, without limitation, contributors of information and other materials or services, registered or otherwise. PLEASE NOTE THAT SECTION 15 OF THESE TERMS OF SERVICE CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
ELIGIBILITYThe Site is intended for users who are at least 13 years of age, and by using the Site, you represent and warrant that you are at least 13 years of age. Before using the Site, all users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have obtained the consent of their parent or guardian to use the Site and their agreement to the Terms of Service. If you are a parent or legal guardian who is agreeing to the Terms of Service on behalf of a child, you hereby consent to bind your child to the Terms of Service and to entirely indemnify, release and hold harmless Athena Club if your child breaches or disaffirms any terms or condition of these Terms of Service.
SUBSCRIPTION CANCELLATION POLICY.You may cancel any Subscription by logging on to your Account at any time and following the prescribed steps. We must receive cancellation requests submitted via your Account page on the Site at least three calendar days prior to your next shipment in order for that order to not be charged. Cancellation requests submitted after that date will take effect at the next automatic payment renewal date (monthly, bimonthly, quarterly, triannually, or or biannually). Cancellation requests received by Athena Club through other mediums may take up to five (5) days to process after receipt of such request. If you have any issues or difficulties, please email email@example.com. After cancellation of your Subscription, your Subscription benefits will continue until the end of the then-current Subscription term for which you have paid. Athena Club will not issue any prorated refunds for any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
SHIPPING AND SUBSCRIPTION OPTIONS.Shipping. The shipment date will be determined according to the date of your first order. We will ship out every business dayon the next Tuesday after billing. Shipping is handled by a third party carrier. Any shipping times shown on the Site are estimates only. Actual delivery dates may vary. Title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party carrier. Skip Period. You have the ability to temporarily skip months on your Subscription (“Skip Period”). During the Skip Period, your Subscription will remain active and Athena Club will continue to send you communications and newsletters via email or other medium. However, you will not receive any Products or be charged during the Skip Period. You can place your Subscription on a Skip Period for a one to six-month period. You may restart the shipment of Products by logging into your Account and resuming shipping either immediately or on your original ship date. You may email any questions about the Skip Period to firstname.lastname@example.org.
REGISTRATIONIn order to sign up for the Services, you will need to register for an Athena Club account (“Account”) with your email address or log in through your Facebook account. By creating an Account, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the security of your password and be solely responsible for the activity that occurs on your Account (including any unauthorized access to your Account) and the information you provide to us, and (d) immediately notify us of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You shall not use any other person’s email address to register for an Account. If you use the Services through your Facebook ID, you hereby grant us the right to access certain information from such account for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account settings.
PROPRIETARY RIGHTS AND LICENSESite Content. All materials on the Site, including all Product descriptions, written posts and comments, videos, audio clips, text, graphics, logos, images, photographs, artwork, interactive features generated, provided, or otherwise made accessible on or through the Services, derivative works and any other material or information published on or used in connection with the Site (collectively, the “Site Content”) are the property of Athena Club or its licensors, excluding User Content unless explicitly provided through third party-partnerships - i.e. Influencer platforms.. The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved. Any use of the Site Content not permitted under these Terms of Service is strictly forbidden. If you make any use of the Site Content not permitted by these Terms of Service, we may automatically terminate and cancel your authorization to visit the Site and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site. We reserve the right to remove, edit, or block any Site Content in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Athena Club. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of third-party owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site. Limited License. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Site Content. However, such license is subject to these Terms of Service and does not include any right to (a) sell, resell or use commercially the Site or Site Content; (b) distribute, publicly perform or publicly display any Site Content; (c) modify or otherwise make any derivative uses of the Site or Site Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Site or Site Content, except as expressly permitted by us; or (f) use the Site or Site Content other than for their intended purposes. Any use of the Site or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time. Restrictions on Use. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Service and will not (a) use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner; (b) develop any third party applications that interact with Site Content or the Site without our prior written consent; (c) engage in any harassing, abusive, threatening, or intimidating conduct; (d) use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service or applicable law; (e) use or attempt to use another user’s account without authorization from such user and Athena Club; (f) reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Site Content, area or code of the Site; or (g) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
USER CONTENT AND FEEDBACK.The Site may include interactive features and areas that allow you to add, create, upload, submit, distribute, or post content, including feedback, suggestions, and ideas (collectively, “User Content”). You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site. You hereby grant Athena Club a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, aggregate, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display, create derivative works of, and otherwise fully exploit your User Content, except as otherwise prohibited by applicable law or these Terms of Service. You waive any right to compensation of any type for your User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Content by Athena Club does not violate any law. If you post User Content to any public forum on the Site, you acknowledge that third parties may see your User Content, draw inferences, and make judgments based on the User Content. Posting to a public forum requires your judgment, and you are responsible for all your User Content and your conduct in connection with the Site. You may not upload to, distribute, or otherwise publish through the Site any content which (a) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; (b) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; (c) may constitute or encourage a criminal offense or violate the rights of any party; or (d) may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
THIRD PARTY SERVICES.From time to time, the Site may contain links to web sites that are not owned, operated or controlled by Athena Club. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Athena Club is not responsible for any content, materials or other information located on or accessible from any other web site. Athena Club does not endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site, you do so entirely at your own risk.
TERMINATIONNotwithstanding anything contained in these Terms of Service, we reserve the right, in our sole discretion and without notice, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
GENERAL DISCLAIMER.YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ATHENA CLUB NOR ANY OF ITS LICENSORS OR PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND ATHENA CLUB MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH SITE CONTENT, INFORMATION, MATERIALS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY LAWS, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE TAKE CERTAIN MEASURES TO HELP ENSURE THAT THE SITE IS GENERALLY AVAILABLE WITHOUT SIGNIFICANT INTERRUPTION, EXCEPT FOR ANY SCHEDULED DOWNTIME NEEDED TO HELP MAINTAIN EFFECTIVE OPERATION OF THE SITE. HOWEVER, DIFFICULTIES WITH HARDWARE, SOFTWARE AND EQUIPMENT AND SERVICES SUPPLIED BY OTHERS MAY RESULT IN SERVICE INTERRUPTIONS. IN NO EVENT WILL ATHENA CLUB BE LIABLE TO ANY PARTY FOR ANY LOSS, COST OR DAMAGE THAT RESULTS FROM ANY PERIOD OF DOWN TIME SUFFERED BY THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542 OR ANY OTHER SIMILAR LAW OF ANY JURISDICTION, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
HEALTH CARE DISCLAIMER.ALL FEATURES OF THE SERVICES, INCLUDING, WITHOUT ANY LIMITATION, ALL SITE CONTENT, ARE FOR GENERAL INFORMATION PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION OFFERED THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ACCURATE KNOWLEDGE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THESE SERVICES CANNOT BE USED FOR MEDICAL INFORMATION, DIAGNOSIS, TREATMENT OR PRESCRIPTION. RELIANCE, OR ASSURANCE, ON ANY INFORMATION OFFERED THROUGH THE SERVICES IS FULLY AT YOUR OWN RISK. NO PATIENT/DOCTOR RELATIONSHIP OF ANY TYPE IS CREATED THROUGH THE USE OF THE SERVICES. THE SERVICES CANNOT BE USED AS AN ALTERNATIVE FOR MEDICAL SERVICES OR EMERGENCY HELP AND CANNOT BE USED IN THE OCCURRENCE OF A HEALTH EMERGENCY. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the Services.
INDEMNIFICATION.You hereby agree to defend, indemnify, and hold us, our affiliates, and each of our and their respective directors, officers, employees, agents, partners, suppliers and licensors harmless from and against all claims damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) relating to or arising from (a) any User Content made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use or misuse of the Services and any activity on your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account; (c) any violation by you of these Terms of Service; or (d) your violation of the rights of another or applicable law. You further agree that we shall have the right, at our sole discretion, to control the defense or settlement of any third party claims, in which event you will assist and cooperate with us.
LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE; (B) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF SITE CONTENT; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES. IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, GOODWILL, USE OR DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IF THE DISCLAIMER OF LIABILITY IN THESE TERMS IS INEFFECTIVE YOU AGREE THAT OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY CLAIM RELATED TO THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED $100. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY SITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
ARBITRATION CLAUSE & CLASS ACTION WAIVER.PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IN THE UNLIKELY EVENT THAT ATHENA CLUB HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY OR IN SMALL CLAIMS COURT, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY ATHENA CLUB CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO OUR RELATIONSHIP WITH YOU, THESE TERMS OF SERVICE, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN NEW YORK, NEW YORK UNDER THE COMMERCIAL RULES THEN IN EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN. THE AWARD RENDERED BY THE ARBITRATOR SHALL INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING ATHENA CLUB FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PROTECT ANY OF OUR PROPRIETARY INTERESTS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND ATHENA CLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You and Athena Club agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned. Notwithstanding this Section 15, either you or Athena Club may bring an individual action in small claims court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable. Further, the waivers set forth in this Section 15 are severable from the other provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law.
GOVERNING LAW AND JURISDICTION.These Terms of Service, your access to and use of the Services and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York.
MODIFICATION.Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to change these Terms of Service or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time upon notice. We may give notice by posting the updated Terms of Service on the Site, notifying you directly or by any other reasonable means. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. The terms in effect at the time of your use of the Services or your Account apply; updated Terms of Service are binding on you with respect to your use of the Services on or after the effective date indicated in the updated Terms of Service. If you do not agree to the updated Terms of Service, you must stop using the Services, Site Content and any Account you may have. Your continued use of the Services, Site Content and your Account after the effective date of the updated Terms of Service will constitute your acceptance of the updated Terms of Service
DMCA NOTICE.If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to Athena Club Legal, who can be reached at email@example.com: DMCA Designated Agent ATHENA CLUB firstname.lastname@example.org All of the Site Content is subject to the copyright laws of the United States and other applicable jurisdictions and Athena Club, its users, or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the DMCA Designated Agent list above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Athena Club to locate the material.
- Information reasonably sufficient to permit Athena Club to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENERAL.If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Athena Club intend that the provisions of these Terms of Service be enforced to the fullest extent permitted by applicable law. Accordingly, you and Athena Club agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Athena Club may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service or assign, transfer, or sublicense your rights, if any, to access or use the Services, Site Content or any Account you may have, and any attempt by you to do so is void. Athena Club’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Athena Club if it is in a written document signed by Athena Club. These Terms of Service (including any incorporated terms) constitute the entire agreement between you and Athena Club with respect to your Account, the Services, Site Content, and Products purchased through the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to your Account, the Services, Site Content, and Products purchased through the Site. Both you and Athena Club warrant to each other that, in entering these Terms of Service, neither Athena Club or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Service. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Athena Club, or Athena Club’s successors and permitted assigns, will have any right to enforce any of these Terms of Service. These Terms of Service do not create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. Whenever you visit the Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site, or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Health Disclaimer: The OwlAll features of the services, including, without any limitation, all site content including The Owl, are for general information purposes only. You should not rely on the information as a substitute for, nor does it replace, accurate knowledge, professional medical advice, diagnosis, or treatment. The Owl blog content cannot be used for medical information, diagnosis, treatment or prescription. Reliance, or assurance, on any information offered on The Owl is fully at your own risk. No patient/doctor relationship of any type is created through the use of the services. The services cannot be used as an alternative for medical services or emergency help and cannot be used in the occurrence of a health emergency. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the services.
Health Disclaimer: Wellness Content & The Advisory BoardAll features of the services, including, without any limitation, all site content including that which is listed on the Wellness product pages (The Daily Multi, Daily Probiotic, and Daily Collagen), are for general information purposes only. You should not rely on the information offered through the services as a substitute for, nor does it replace, personal professional medical advice, diagnosis, or treatment. While the Advisory Board provided expert advice on ingredients and product formulation, and third-party testing was conducted, Advisory Board member claims cannot be used for self diagnosis, treatment or prescription. Reliance, or assurance, on any information offered through the services, including but not limited to ingredient comparisons, in-depth articles, and FAQ responses is fully at your own risk. No patient/doctor relationship of any type is created through the use of the services. The services cannot be used as an alternative for medical services or emergency help and cannot be used in the occurrence of a health emergency. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the services. By using our website you are also bound by Google's Terms of Service mandated by the Google Maps API
ATHENA CLUB “FIND YOUR ATHENA CLUB” GIVEAWAY TERMS & CONDITIONSOfficial Rules
This giveaway (“Giveaway”) is sponsored by Athena Club Holdings, Inc. (“Athena Club”) and is open to customers from applicable countries in the US excluding Canada and shall be construed according to, and governed by, U.S. law.
Notwithstanding anything to the contrary contained herein, this Giveaway is void in jurisdictions where local law/compliance restricts, prohibits or otherwise requires changes or additions to these rules and terms.
The Giveaway begins on or about November 10, 2023 at 9:00am PST and ends at 11:59pm PST on January 1, 2024 (the “Giveaway Period”). You acknowledge that dates for such Giveaway Period are subject to change in Athena Club’s sole discretion. At the end of the Giveaway Period, one (1) entrant will be notified as the Prize (as defined below) winners (“Winner”), as set forth below. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules as follows:
NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE GIVEAWAY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Only legal residents of the Eligibility Area who are eighteen (18) years of age and older are eligible to enter.
Entries are captured when participants sign up to receive text messages and make a qualifying purchase of Athena Club at Target and submit their receipts via text message. Alternatively, participants can mail a letter with their name, mailing address and phone number to Athena Club, 915 Broadway, 14th Floor, suite 1408, New York, NY 10010.
Athena Club is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions, which may be judged void. Entries by any method other than those set forth above are void. Limit one (1) entry per person and/or household, email address and/or wireless phone number, regardless of the method of entry. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by Athena Club of an entry for this Giveaway. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Athena Club's satisfaction, the affected entry will be deemed ineligible.
WINNER SELECTION AND NOTIFICATION
The Winner will be selected by Athena Club randomly on or around January 7, 2024. Athena Club will notify the winner directly via email. Athena Club shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within forty-eight (48) hours of the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential Winner will be disqualified, and an alternate Winner may be selected.
DESCRIPTION OF PRIZE / ODDS
PRIZE: One (1) winner will receive a spa weekend getaway for themselves and one (1) friend, valued at up to $2000 USD. The spa location will be selected by Athena Club. The prize is non-transferable and no cash or other substitution is allowed except by Athena Club, who reserves the right to substitute a prize with another of comparable or greater value.
The odds of winning the Prize depends on the number of eligible entries received.
GENERAL PRIZE CONDITIONS
Prizes will be awarded only if the potential Winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. All details and other restrictions of prizes not specified in these Official Rules will be determined by Athena Club in its sole discretion. No cash alternative or substitution will be allowed, except Athena Club reserves the right in their sole discretion to substitute prize(s) of comparable value if the Prize is unavailable, in whole or in part, for any reason. EACH WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS (INCLUDING INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE. Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND Athena Club HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT AND/OR THE APPROXIMATE VALUE OF ANY PRIZE.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Acceptance of the Prize constitutes Winner’s permission for Athena Club to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state).
By participating or accepting the Prize, Winner hereby releases, discharges and covenants not to sue Athena Club, and any of their affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize).
Winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, use of the Prizes, or for Winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Released Parties assume no responsibility for any damage to a Winner’s or any other person’s computer system or wireless phone which is occasioned by participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR ATHENA CLUB IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
By participating in this Giveaway, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, Athena Club relating to, arising out of or connected in any way with (i) the Giveaway, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Giveaway.
There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Athena Club’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
The arbitrator shall not have the power to award punitive damages against the participant or Athena Club. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
By participating in Giveaway, each entrant hereby acknowledges and agrees that any pictures, videos, or other media materials submitted for entry into the Giveaway (“Submitted Media”) become the property of Athena Club (“Sponsor”) and may be used by the Sponsor for any lawful purpose.
Entrants grant the Sponsor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, create derivative works from, display, perform, and otherwise exploit the Submitted Media, in any media now known or hereafter developed, for any purpose whatsoever, including without limitation for promotional or marketing purposes.
The entrant represents and warrants that they have the full legal right, power, and authority to grant the license provided for in this Legal Statement and that the Submitted Media does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary right. The entrant also warrants that all moral rights in the Submitted Media have been waived to the full extent allowable under law and that any individuals depicted in the Submitted Media have given their express consent to be depicted and to the use of the media as set out above.
By entering the Giveaway, participants release the Sponsor and its agents from any and all liability, claims, demands, and causes of action for invasion of privacy, infringement of your rights of publicity, defamation, and any other personal rights. Participants acknowledge that the Sponsor is not liable for any use, misuse, or disclosure of the Submitted Media by third parties.
This Legal Statement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Sponsor is located, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than those of the Sponsor’s jurisdiction.
BY PARTICIPATING IN THE GIVEAWAY, THE ENTRANT AGREES TO BE BOUND BY THIS LEGAL STATEMENT AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
OFFERS AND PROMOTIONS
Offer Codes. From time to time, Athena Club may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”). Please review the Offer Codes for eligibility and other terms and conditions, which may include expiration dates, Product exclusions or other restrictions. Only valid Offer Codes provided by Athena Club will be honored. Each Offer Code offered (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Athena Club is not responsible for any unauthorized use of Offer Codes. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Offer Codes cannot be used in conjunction with the Athena Club Refer-A-Friend Program. Our 2023 Black Friday and Cyber Monday Sitewide sale will not apply to any special edition products including Barbie collaboration products and our Cloud Shave Foam. Offer Codes from Spokespeople. From time to time, Athena Club may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Athena Club for his or her statements. Promotions. We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern.