Privacy Policy

JillBJarvis.com ("Website") is governed by the following Privacy Policy.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what personally identifiable information we may collect and how it may be used. This Privacy Policy applies to this Website.

This Site is affiliated with AdThrive, LLC ("AdThrive") for the purposes of placing advertising on the Site. AdThrive uses standard and widely-available tools for the placement and serving of ads, including those provided by Google, Inc. and its affiliates. We publish interest-based advertisements on the Site; that is, ads that are tailored to reflect your interests. To help understand your interests, AdThrive, Google and our other advertising partners will track your behaviour on our website and on other websites across the Internet using cookies.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

By using this Site, you consent to the use of such cookies and the sharing of data captured by such cookies with AdThrive, Google, and our other third party partners. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained.

For European Economic Area Residents

If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us or AdThrive related to advertising on the Site, you can contact us at jill@BigKidSmallCity.com and contact AdThrive at info@adthrive.com. If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, click the ad preferences link at the bottom of the site. (Available in the EU.)

For California Residents

California law gives residents the right to opt out of the "sale" of their personal information to third parties, including for advertising purposes. Under California law, the sharing of your information with a service provider for advertising purposes could be considered a "sale." To opt out of the sharing of your information for advertising information, [(if your site does not use infinite scroll, include this wording) click the opt out link provided in the footer of this page] [(if your site uses infinite scroll, include this wording) click the opt out link provided at the end of the post]. You also have the right to request from us the categories of personal information that we have shared and the categories of third parties to whom the information was provided. To make such a request, please contact us at info@adthrive.com. To be clear we do not share your name, contact information, or any other sensitive information with third parties, and the categories of third parties that we share information with for advertising purposes are supply side platforms, programmatic advertising exchanges, and demand side platforms.

INFORMATION WE COLLECT

The Website collects information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("Personal Information"). The Website has collected the following categories of Personal Information from you:

Identifiers:

This category includes your: real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol ("IP") address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.

The Website does collect information in this category.
The Website collects the following information in this category for the following reasons: Weekly newsletter sent to people that have opt-ed in.
The Website has sold the following information in this category in the past twelve months: Provided email addresses to businesses, only when the individual opt-ed in to their email list.
The Website has NOT disclosed the following information in this category in the past twelve months for a business purpose.

Personal Information as Described in California Customer Records Statute (CA Code 1798.80):

This includes your: name, signature, social security number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Protected Classification Characteristics (under California or federal law).

This includes: Age (over age 40), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental health disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None.
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Commercial Information:

This includes records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: N
A
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Biometric Information:

This includes: an individual's physiological, biological or behavioral characteristics, including an individual's DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Internet or Other Electronic Network Activity Information:

This includes, but is not limited to, browsing history, search history, and information regarding a consumer's interaction with the Website, application, or advertisement.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: To track popular content
The Website has sold the following information in this category in the past twelve months: No
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Geolocation Data:

This includes your physical location or movements.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: To customize content by city.
The Website has sold the following information in this category in the past twelve months: No
The Website has disclosed the following information in this category in the past twelve months for a business purpose: No

Audio, Electronic, Visual, Thermal, Olfactory, or Other Similar Information:

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Professional or Employment-related information:

This may include your current or past employment history or other information related thereto.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: No
The Website has disclosed the following information in this category in the past twelve months for a business purpose:NA

Education Information:

This is defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act, which includes: records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, schedule, student identification codes, student financial information, or student disciplinary records.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

Inferences Drawn from Personal Information:

This includes inferences drawn from the Personal Information collected by the Website to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

The Website DOES NOT collect information in this category.
The Website collects the following information in this category for the following reasons: None
The Website has sold the following information in this category in the past twelve months: NA
The Website has disclosed the following information in this category in the past twelve months for a business purpose: NA

HOW WE COLLECT INFORMATION ABOUT YOU

Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address, as described above. This information is all voluntarily submitted by you at the time the information is collected. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form

Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.

Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.

Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

We may use the information collected in the following ways:

To operate and maintain the Website;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To market products through display or affiliate advertisements;
To market to you on third-party platforms, such as Facebook;
To provide you with user support;
To track and measure advertising on the Website;
To process payment for purchases you make through the Website; or,
To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

We may share your information with third parties when you explicitly authorize us to share your information.

The companies listed below are "Service Providers," which are defined as "a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that process information on behalf of a business and to which the business discloses a consumer's personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using or disclosing the personal information for any purposes other than for the specific purpose of performing the services specified in the contract for the business" or "retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business."

The Website may use third-party service providers to service various aspects of the Website. Each third-party service provider's use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

Paypal - this service is used to serve our ecommerce platform. If you purchase something from the Website, your Personal Information will be shared with this Service Provider. At no time is your banking information passed back from the payment processor to the Website. We receive only information used for order fulfillment.
Mail Poet - this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications. EMAIL SERVICE PROVIDER'S NAME will also track information regarding your interaction with our emails, such as whether they have been opened or you have clicked on a particular link.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website's sole discretion.

Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

WEBSITE ANALYTICS

This Website uses Google Analytics to analyze traffic to the Website. In order to track usage, Google Analytics places a cookie with a randomly generated Client ID on your browser. Google does use your personal information such as your IP address in order to capture reporting for the Website regarding usage. You may opt-out of Google Analytics through a Browser Add-on, which is available here.

ANONYMOUS DATA

From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

PUBLICLY VISIBLE INFORMATION

If you leave a comment, certain information may be publicly visible.

COOKIES

The Website uses cookies to store visitors' preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors' browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

ADVERTISING

Display Ads

CMI Marketing, Inc., d/b/a Raptive ("Raptive") is a service provider of this Site for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive's data usage, click here: https://raptive.com/creator-advertising-privacy-statement

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Pinterest, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Website. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Pinterest: Opt-out of Pinterest remarketing here

Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The JillBJarvis.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at Jill@BigKidSmallCity.com and we will use our best efforts to promptly remove such information from our records.

GDPR - RIGHTS RELATED TO YOUR PERSONAL INFORMATION

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation ("GDPR"). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:

Right to Opt-out - You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.

Right to Access - You may access the personal information we have about you by submitting a request.

Right to Amend - You may contact us to amend or update your personal information.

Right to Be Forgotten - In certain situations, you may request that we erase or forget your personal data.

You may exercise any of these rights by emailing Jill@BigKidSmallCity.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.

NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT

Pursuant to the Nevada Privacy of Information Collected on the Internet from Consumers Act ("NPICICA"), Nevada residents may opt out of the sale of any personal information. As described above, your personal information may be shared with third-party service providers/operators in order to fulfill purchased products or to communicate with you. We do not sell (which is defined in the NPICICA as "the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons") your covered information, which includes:

Your first and last name;
Your address;
Your email address;
Your phone number;
Your social security number;
Any identifier that would allow you to be contacted either physically or online; or,
Any other information concerning you, collected from you by the Website and maintained by us, in combination with an identifier in a form that makes the information personally identifiable.

If you have any questions regarding our usage of your personal information, please email Jill@BigKidSmallCity.com or mailing PO Box 667203, Houston, Texas 77266-7203.

CONTACT INFORMATION

At any time, please contact us at Jill@BigKidSmallCity.com for questions related to this Privacy Policy.

Binding Arbitration ("Arbitration Agreement")

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, "We" or "Us"), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to [1626 Colquitt Street, Houston, TX]. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that - in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration - (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Consent to Data Collection. These Terms of Service incorporate our Privacy Policy [above], which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, "WE" OR "US"), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Last updated: 10/24/25