IMPACT CHARMS DISCLAIMER
Impact Charms, LLC disclaims all warranties with regard to the information provided on this web site or other sites “hot linked” to this site, including all express or implied warranties of merchantability or fitness for a particular purpose. In no event will Impact Charms be liable for any direct, incidental, special, indirect, consequential damages, or punitive damages whatsoever resulting from loss of use, data, business interruption, sales, or profits, whether in a contract, negligence, or other tortious action, arising out of access to, use of, or in connection with the use, inability to use, accuracy, suitability, or performance of this information, even if Impact Charms is expressly advised about the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Impact Charms assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, Impact Charms shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Impact Charms shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Impact Charms shall issue a credit to your credit card account in the amount of the charge. If a product offered by Impact Charms is not as described, your sole remedy is to return it to Impact Charms for a refund.
LIMITATION OF LIABILITY
Impact Charms, LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics and/or software published on this server for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind and are subject to change without notice. The entire risk arising out of their use remains with the recipient. In no event shall Impact Charms and/or its respective suppliers be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever, even if Impact Charms has been advised of the possibility of such damages.
Impact Charms™ and the products and services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Impact Charms, LLC.
LINKS TO THIRD PARTY SITES
Linked sites are not under the control of Impact Charms and Impact Charms is not responsible for the contents of any linked site or any link contained in a linked site. Impact Charms provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Impact Charms of the site.
All promotions are subject to availability and inventory. Impact Charms, LLC reserves the right to change, alter, or cancel promotions at any time without notice.
At Impactcharms.com, we are committed to providing excellent customer service while respecting and protecting the privacy of our customers. To better serve you, we may collect and maintain certain information. We respect your privacy and seek to protect the trust you place in Impactcharms.com. This Global Privacy Statement describes how we collect and use your personal information.
Impact Charms is also committed to transparency. We want individuals to understand how we collect and use personal information so they can interact with us with confidence. The information below covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and if you have any questions, please contact us directly at Impact Charms, LLC, 2355 Westwood Blvd, Suite 1159 Los Angeles, CA 90067 USA or email our Customer Care team here.
Information We Collect
For those individuals who visit our site but do not make a purchase or register, we collect and store general navigational or browsing activities. This is used solely to help us improve and optimize our site for the best possible experience.
When you browse our website, you do so anonymously, unless you have previously indicated that you wish Impact Charms to remember your login and password. We do not automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. We do not link your IP address to any personal information unless you have logged in to our website. Like many other commercial websites, the Impact Charms website may use a standard technology called a “cookie” to collect information about how you use the site. Please go to “Cookies and Tracking Information” below for more information.
For those individuals that register, we collect your name and e-mail address so that we can notify you of any specials that might interest you and other generalized promotional information. You can opt out of receiving these emails at any time by clicking on the “unsubscribe” link provided in our messages. It may take up to five (5) business days before your name has been fully removed from our database.
For those individuals that make a purchase on Impactcharms.com, in order to fulfill the order, we collect and store your name, address, shipping information, e-mail address, telephone number, and other financial information required to process your order. We will at all times maintain reasonable and appropriate security controls that are in alignment with industry related security frameworks to include HIPAA and the EU General Data Protection Regulation (GDPR) to protect your information.
If you have questions about how Impact Charms, LLC handles your personal information, you may contact us at Legal Department, Impact Charms LLC, 2355 Westwood Blvd, Suite 1159 Los Angeles, CA 90067 USA or email our Customer Care team here.
GDPR Privacy Statement
Impact Charms, LLC abides by the EU GDPR regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Impact Charms certifies that it adheres to the GDPR as it applies to information collected and processed by Impact Charms.
Use of Information – Information Sharing and Disclosure
We, and third parties that provide services related to Impactcharms.com, will use any information that you provide to fulfill your order and provide services related to Impactcharms.com or the operation of our business. Examples of these services include payment processing and authorization, order fulfillment and shipping, and electronic communications. The third parties who provide any of these services are authorized to use this information only in connection with the services they are engaged to perform. Other than supporting our service(s), we will not give your personal information to ANY third party without your advance consent. All such entities are governed by this Global Privacy Statement or are bound by the appropriate confidentiality and data transfer agreements.
In addition to using the information referenced above to fulfill your purchase order, we also retain some of that information in our customer database. We use that information to track your order, to respond to your inquiries and to make subsequent purchases you wish to make easier and faster. For example, we will store your email address and shipping information if you create an account with us so you do not have to re-enter this information each time you want to make a purchase.
Protecting Your Information
Currently, the Impactcharms.com customer information that we maintain is stored in our customer database. Once your information is stored on our database, we have implemented technology along with rigid processes and procedures to protect it from access by unauthorized employees or third parties.
Additionally, we limit access to your information to those with a business need to know. This includes third parties who provide services to us and may have access to customer information. Our third party service providers share our commitment to maintaining your privacy and are required to adhere to the requirements of this policy. As stated above, we do not under any circumstances sell or rent customer information to any outside company or organization.
Any credit card information that we collect during a sale is transmitted via an encrypted form to a third party payment processor and will only be used in connection with your requested transaction. No credit card information is stored on our servers.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Access to Information
We are dedicated to providing reasonable access to your personal information retained when you register with our website and correct any inaccuracies it may contain. Registered users may access their user profile, correct and update their details, or unsubscribe at any time. Registered users who have any problem accessing their profiles, or would like to request a copy of their personal information should contact Impact Charms through the Contact Us link. In all cases we will treat requests to access information or change information in accordance with applicable law.
Safety and Privacy of Children
Our site is not directed or marketed to children under the age of 18. We do not intentionally collect or store information on children. If we learn that a child has made a purchase from Impactcharms.com without his or her parent’s consent, we will immediately, upon parental request, void the sale and refund any monies collected on the return of the merchandise.
Use of “Cookies”
Right to Opt Out
You will always have the opportunity to “opt out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Global Privacy Statement unless you take affirmative action to indicate that you do not consent.
Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
We may change or enhance our policy to improve our service to you. If we do change our policy, we will note those changes on our Web site. A message will be displayed on our home page for a period of time that a change has been made.
TERMS OF SERVICE
This website and any mobile application (collectively, this “Site”) is owned by Impact Charms, LLC (“We”, “Us” or “Impact Charms, LLC”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Use of This Site
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site‚ you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
- remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
- use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
- take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.
The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.
When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by our Return Policy, which can be found here.
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Effective Date: April 14, 2020.