I do my best to only seek out the best products and resources to recommend to my readers/listeners/followers, ones that I personally use and support. I do not recommend anything that I do not truly believe in, and because I believe in these products I also often choose to partner with them. By purchasing or clicking links to many of these resources you help support my work so I may afford to keep it going. Websites and podcast cost money and a considerable amount of time to be sustained, and these affiliates help support this mission.

As requested by the legal guidelines that be.. be advised that some pages and post may contain references to products from one or more affiliate, from whom we may receive compensation that supports the maintenance of the work. Although we may receive a small commission from the affiliate, the cost of the product for you will always be the same, or often discounted. All affiliate products are thoroughly vetted by me, and we support and recommend these products because we find they are worth it.

Gnosis Unveiled Legal

Last updated: Jan 13 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE WEBSITES.

These Terms and Conditions (the “Terms”) are a legal contract between you and Dark Syndicate. ( “Dark Syndicate”, “Gnosis Unveiled” “Herb & Potion” “Monster Aesthetics”, “ShopDark”. “Trevor Nicholls”, “we”, “us” or “our”). By using the websites at GnosisUnveiled.org, Darksyndicate.org, ShopDark.com, HerbandPotion.com, MonsterAesthetics.com. TrevorNicholls.com (collectively, the “websites”), including purchasing products from these websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.

You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using the website on behalf of your employer or Dark Syndicate, you represent and warrant that you are authorized to bind your employer and Dark Syndicate to these Terms.

It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.

1. WEBSITE

We grant you a limited license to access and use these websites for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these websites for your personal use or for the purpose of purchasing Dark Syndicate products for resale if you are an authorized reseller of such products (“Authorized Reseller”) (see Section 24 below). This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, these websites or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dark Syndicate. You may not use any meta tags or any other “hidden text” utilizing Dark Syndicate’s name or trademarks without the express written consent of Dark Syndicate. Any unauthorized use terminates the permission or license granted by Dark Syndicate.

We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying Dark Syndicate® products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.

2. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms. You may not use these websites in any manner, which could damage, disable, overburden, or impair these websites or interfere with any other party’s use and enjoyment of these websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through these websites.

3. NO MEDICAL ADVICE

The information contained on these websites, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. While we may offer some products on these websites that are classified as food, beverage, or dietary supplements products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through these websites should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on these websites, carefully read all labels and heed all directions and cautions that accompany the products.

4. PRODUCTS AND SERVICES

The products and services made available on these websites are intended for personal use only or if you are an Authorized Reseller then solely for the purpose of purchasing Dark Syndicate products for resale under Section 24 below . Except in the case of Authorized Resellers (see Section 24 below), you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Dark Syndicate’s prior written consent. Dark Syndicate and its suppliers may cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on these websites, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

5. BILLING AND PAYMENT

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the websites may be made through a valid credit card, debit card or other payment method offered through the websites.. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on these websites. Additional payment terms for Authorized Resellers set forth in Section 24 below.

6. SHIPPING AND TAXES

Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer or Authorized Reseller pay shipping costs and take responsibility for products when they leave the Dark Syndicate warehouse. Separate charges for shipping and handling will be shown on the checkout page. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on the checkout page.

7. TITLE; RISK OF LOSS

Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility. Title to any software will remain with the applicable licensor(s).

8. RETURN POLICIES

Except for Authorized Resellers, products that are purchased directly from these websites may be returned by you within thirty (30) days of the date of purchase for a full refund less shipping and handling. Only one opened package of any like product is eligible for return. All others of the same product must be in a factory sealed container to be eligible to be returned for a refund. The return policy for Authorized Resellers is set forth in Section 24 below.

9. ACCOUNTS

Some services on these websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at support@DarkSyndicate.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to these websites.

We may suspend or terminate your account and your ability to use these websites or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

10. ELECTRONIC COMMUNICATIONS

When you use the websites, or send e-mails 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 the websites. 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.

11. FORUMS / BLOG / SOCIAL MEDIA

“Forum” means an area, site or feature offered as part of these websites that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by Dark Syndicate, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying a Forum.
• Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. Dark Syndicate, markets and sells various food, beverage and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. Dark Syndicate, and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.

We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on these websites.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

12. TESTIMONIAL DISCLAIMER

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

The people giving testimonials and consumer stories appearing on Dark Syndicate, Inc. platforms and social media may have been compensated with free products or discounts for use of their experiences.

Testimonials and consumer stories appearing on Dark Syndicate, Inc. platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, physical condition, exercise routine, concomitant products used, health history, lifestyle and diet.

The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Dark Syndicate, Inc. is not responsible for the opinions or comments posted on Dark Syndicate platforms and social media, and does not necessarily share the opinions, views or commentary of postings on Dark Syndicate platforms and social media. All opinions expressed are strictly the views of the poster or reviewer.

Testimonials and consumer stories on Dark Syndicate platforms and social media are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by Dark Syndicate platforms and social media is not a substitute for individual medical advice. Statements made on Dark Syndicate platforms and social media have not been evaluated by the U.S. Food and Drug Administration.

13. INTELLECTUAL PROPERTY INFRINGEMENT

Dark Syndicate respects the intellectual property rights of others, and we ask you to do the same. Dark Syndicate may, in appropriate circumstances and at our discretion, terminate service and/or access to these websites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these websites, please provide Dark Syndicate’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

• 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 and/or trademarked work claimed to have been infringed, or, if multiple 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 at these websites, and information reasonably sufficient to permit Dark Syndicate to locate the material.
• Information reasonably sufficient to permit Dark Syndicate to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Dark Syndicate designated agent that includes all of the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Dark Syndicate may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Dark Syndicate reserves the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.

14. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU ASSUME ALL RISK OF USING THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARK SYNDICATE AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DARK SYNDICATE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THESE WEBSITES OR THE SERVER THAT MAKES THESE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARK SYNDICATE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DARK SYNDICATE AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE WEBSITES OR MATERIALS ON THE SITE, EVEN IF DARK SYNDICATE OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. COPYRIGHT

The technology underlying, and the entire contents of these websites, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States, Canadian and other copyright laws, and is the property of Dark Syndicate , and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Dark Syndicate . Copyright 2021 Dark Syndicate, Inc. All rights reserved.

16. DARK SYNDICATE TRADEMARK GUIDELINES

Dark Syndicate® and other Dark Syndicate names and logos used on these websites are owned by Dark Syndicate, Inc. (“Dark Syndicate Trademarks”). The Dark Syndicate Trademarks are valuable assets of Dark Syndicate and any unauthorized use of the Dark Syndicate Trademarks is strictly prohibited. These Dark Syndicate Trademark Guidelines contain detailed information about how to refer to Dark Syndicate’s trademarks in different scenarios. These Trademark Guidelines are designed to ensure proper legal use of the Dark Syndicate Trademarks and to prevent customer confusion that can result from improper or illegal usage.

1. Permissible Uses
   • Proper use of the Dark Syndicate Trademarks is important. You may use the Dark Syndicate trademarks to accurately describe or refer to Dark Syndicate’s goods and services, provided you follow these Guidelines. For example, you may use the trademark Gnosis Unveiled™, to discuss and review the dietary recommendations created by Trevor Nicholls and nutritional information and guidance provided by Dark Syndicate. Similarly, an authorized seller of Herb & Potion™ products may use the Dark Syndicate Trademarks to indicate that it is selling Herb & Potion™ products.
   • The font size of the phrases using the Dark Syndicate Trademarks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
   • You may not use the Dark Syndicate Trademarks to direct your visitors to the Dark Syndicate homepage and products page without our written permission.
2. Prohibited Uses
   • Do not use the Dark Syndicate Trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Trevor Nicholls or Dark Syndicate.
   • Never use a Dark Syndicate trademark as a possessive or in a plural form.

Correct example: Herb & Potion™ supplements are wonderful.

Incorrect example: Herb & Potion’s supplements are wonderful.

1. • Dark Syndicate, Product, Service. You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Dark Syndicate Trademarks.
   • Logos. You may not use the Dark Syndicate logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Dark Syndicate.
   • Domain Names, Meta tags, Hidden Text. You may not incorporate the Dark Syndicate Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Dark Syndicate.
   • Internet Advertising Keywords. You may not use or incorporate the Dark Syndicate Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Dark Syndicate.
   • Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Dark Syndicate Trademarks without first obtaining a written license from Dark Syndicate.
2. Required Notices
   • For federally registered trademarks owned by Dark Syndicate, the ® symbol must accompany these trademarks (e.g., DARK SYNDICATE®) and Dark Syndicate should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “DARK SYNDICATE® is a registered trademark owned by Dark Syndicate, Inc.”
   • For pending applications or common law trademarks owned by Dark Syndicate, the TM or SM symbol must accompany these trademarks (e.g., DARK SYNDICATE ™) and Dark Syndicate should be properly identified as the owner of these trademarks in a footnote that reads, for example, “DARK SYNDICATE™ is a mark owned by Dark Syndicate, Inc.”
3. Social Media Guidelines

Do not use Dark Syndicate Trademarks as any part of your social media account name, user name, page name, or as a community name.

1. General Use Guidelines
   • Use capitalization consistently.
   • Spell the Dark Syndicate Trademarks correctly and do not abbreviate them, or combine or hyphenate the respective words in the Dark Syndicate Trademarks. Do not split the marks onto separate lines of copy.
   • Use the Dark Syndicate Trademarks only as adjectives modifying the generic term for the product or service and never use the Dark Syndicate Trademarks as nouns or as verbs.

Correct example: Herb & Potion® Supplements are a great way to get your day started.

Incorrect examples: Taking Herb & Potion Supliments, gives me energy for the whole day.

1. • Goodwill. All uses and goodwill associated with the Dark Syndicate Trademarks will inure to the benefit of Dark Syndicate.
   • Reservation of Rights. Unless otherwise agreed to in writing, Dark Syndicate reserves the right to terminate permission to copy, reproduce, or display the Dark Syndicate Trademarks and to demand that the Dark Syndicate Trademarks cease to be used at any time, in its sole discretion. Dark Syndicate reserves the right to object to unfair uses or misuses of its Dark Syndicate Trademarks and other violations of law, as well as uses that Dark Syndicate in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Dark Syndicate reserves the right to revise these Trademark Guidelines at any time, without notice.
2. Contact Information

For any questions regarding the proper usage of the Dark Syndicate Trademarks, the proper notices, or to seek permission to use the Dark Syndicate Trademarks please contact Dark Syndicate at info@DarkSyndicate.org.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Dark Syndicate Parties (as defined below), and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.

18. PRIVACY

Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of these websites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at https://darksyndicate.org/legal/.

19. THIRD-PARTY LINKS

These websites may link to websites operated by third parties (“Third Party Sites”). Dark Syndicate has no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of Dark Syndicate. Dark Syndicate is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Dark Syndicate is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

20. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@DarkSyndicate.org. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Dark Syndicate Parties as defined below. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

Please read this Provision carefully. It provides that all Disputes between you and Dark Syndicate Parties shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

For the purpose of this Provision, “Dark Syndicate Parties.” means Dark Syndicate, Inc. and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Dark Syndicate Parties. regarding any aspect of your relationship with Dark Syndicate Parties. whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Dark Syndicate Parties’ licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Dark Syndicate Parties an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Vice President of Finance and General Counsel of Dark Syndicate at info@DarkSyndicate.org. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any of the Dark Syndicate Parties does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the relevant Dark Syndicate Parties may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because these websites and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Dark Syndicate Parties may initiate arbitration in either Toronto Canada or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, any of the Dark Syndicate Parties may transfer the arbitration to Toronto canada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – The relevant Dark Syndicate Parties will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Dark Syndicate as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and all of the relevant Dark Syndicate Parties specifically agree to do so following initiation of the arbitration.

Jury Waiver

You understand and agree that by entering into this Agreement you and Dark Syndicate Parties are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Dark Syndicate Parties might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account or other relationship with the Dark Syndicate Parties. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dark Syndicate makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Dark Syndicate Parties to adhere to the language in this Provision if a Dispute between you and the Dark Syndicate Parties arises.

21. LOCAL LAWS; EXPORT CONTROL

Dark Syndicate controls and operates these websites from its headquarters in the Canada and the products and material offered on these websites may not be appropriate or available for use in other locations. If you use these websites or the products outside the Canada, you are responsible for compliance with applicable local laws.

22. APPLICABLE LAW

Your use of these websites shall be governed in all respects by the laws of Ontario Canada., without regard to its choice of law provisions.

23. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Dark Syndicate shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Dark Syndicate shall promptly issue a credit to your credit card or debit card account in the amount of the charge.

24. TERMINATION

The provisions relating to Intellectual Property Infringement, Copyrights, Dark Syndicate Trademark Guidelines, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.

25. DARK SYNDICATE AUTHORIZED RESELLER PROVISIONS

Dark Syndicate, Inc. (“Dark Syndicate”) has implemented these Dark Syndicate, Inc. Authorized Reseller Purchase Terms and Conditions (the “Terms”), which apply to Resellers of Dark Syndicate products in the United States of America. By purchasing Products (as hereinafter defined) from Dark Syndicate for retail sale, you (hereinafter “Reseller,” “you,” or “your”) agree to adhere to the Terms. Please read these terms carefully. Unless and until such status is otherwise revoked by Dark Syndicate, Reseller shall be considered an “Authorized Reseller” hereunder.

You may be permitted to purchase Dark Syndicate products as a Reseller. To become a Reseller, you must complete the application from the businesses website in question and provide applicable business license and resale tax certificate. Dark Syndicate reserves the right in its sole discretion to approve or disapprove any application for Reseller status and to terminate any person’s status as a Reseller at any time for any reason or for convenience, and with or without notice. Upon termination, Reseller shall immediately cease any further purchase, resale or use of the Dark Syndicate products.

1. Appointment

• Reseller is granted the non-exclusive, non-transferable right to purchase Products from Dark Syndicate for resale to consumers. The “Products” include only those Dark Syndicate products which are available for wholesale purchase from Dark Syndicate. Reseller is not authorized to resell any other products manufactured by or sold by Dark Syndicate. Reseller is, and at all times shall be, an independent contractor in all matters relating to these Terms, and shall not be deemed an agent, employee, franchise or partner of Dark Syndicate. Reseller and its personnel will not be entitled to any of the benefits that Dark Syndicate may make available to its employees, including, but not limited to, group health or life insurance, profit sharing or retirement benefits.

1. Terms of Sale.

• (a) Purchase Orders and Products. Orders for Products (“Purchase Orders”) made by a Reseller shall be handled pursuant to Dark Syndicate’s then-current Product order processing procedures, which may be amended by Dark Syndicate at any time in its sole and absolute discretion. Products shipped by Dark Syndicate will have a minimum shelf life of ninety (90) days from the day of order. Dark Syndicate reserves the right to reject any Purchase Order, in whole or in part, for any reason. Dark Syndicate reserves the right, at any time in its sole and absolute discretion and without any obligation, liability, or advance notice to a Reseller, to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new and additional products to or delete existing Products from its product lines.
• (b) Product Shipment. Title to the Products passes from Dark Syndicate to a Reseller on shipment from Dark Syndicate’s facility. Loss (including theft) or damage that occurs during shipping is the responsibility of the Reseller.
• (c) Payment Terms. Reseller shall pay for the Products and shipping in advance upon placement of the Purchase Order. Payment may be made via bank wire or ACH transfer, or using a valid credit card, debit card, or other payment method offered through Dark Syndicate.com. A payment error, including, but not limited to, a failed charge or chargeback, may result in termination of Reseller’s status as a Dark Syndicate Authorized Reseller, as determined by Dark Syndicate in its sole discretion.
• (d) Product Returns
  • (i) Reseller may contact Dark Syndicate if not 100% satisfied with a purchase to request a return. Dark Syndicate does not accept returns or provide refunds on food Products, including Coffee, Collagen Protein Bars, Collagen Protein Bites, Cacao Butter, Chocolate Bars, and Ghee. Dark Syndicate will not accept returns or issue credits for items returned to Reseller by the Reseller’s customers. Other Products may be returned up to 30 days from the date Dark Syndicate received Reseller’s Purchase Order. Such returns are subject to a restock fee of $1.70 per unit and will only be accepted if the Products are new and unused, in their original unopened packaging. Reseller is responsible for shipping the Product to Dark Syndicate’s warehouse. Dark Syndicate will not be responsible for tracking return shipments. After the returned Products are received at Dark Syndicate’s warehouse and confirmed by Dark Syndicate to be in new condition, Reseller will be refunded in the original form of payment. Return shipping costs will not be refunded. Shipping charges associated with your Purchase Order will not be refunded. Refunds may take 30 days to process.
  • (ii) If Reseller’s order is Returned to Sender, Dark Syndicate will refund Reseller in the original form of payment after the Products are received at Dark Syndicate’s warehouse. Such returns are subject to a restock fee of $1.70 per unit. Dark Syndicate will not be responsible for tracking shipments. Shipping costs will not be refunded. Refunds may take 30 days to process.
  • (iii) In the event a Reseller receives damaged or expired Products upon delivery, Dark Syndicate requires the Reseller to submit photographs detailing the damage or expiration date of the affected product. After Dark Syndicate confirms that the Products shipped were damaged or expired, Dark Syndicate will provide detailed instructions on when and how to proceed with destroying the defective product. Dark Syndicate will refund the Reseller in the original form of payment. Refunds may take 7-12 business days to process. Resellers shall not return the Products to Dark Syndicate but shall instead destroy the damaged or expired Products and shall submit proof of destruction to Dark Syndicate. Resellers shall not offer damaged or expired Products for sale.

III. Manner of Sale.

• Reseller shall sell the Products only as set forth herein. Otherwise, the Products may not be eligible for certain services and benefits, including, wherever permitted by law, coverage under any Product guarantees.
• (a) Authorized Customers. Reseller shall sell Products solely to end users of the Products. Reseller shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use. Reseller shall not sell or transfer any of the Products to any person or entity for re-sale without the prior written consent of Dark Syndicate. This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other Resellers, or any other person a Reseller knows or has reason to know intends to re-sell the Products. Reseller shall not engage in drop-shipping or similar selling practices.
• (b) Geographic Location of Sales. Reseller shall not market, sell, ship, or invoice Products to customers outside of the United States of America or to anyone a Reseller knows or has reason to know intends to ship the Products outside of the Canada without the prior written consent of Dark Syndicate.
• (c) Online Sales. Reseller shall not market or offer for sale the Products on or through any publicly accessible website, including, without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of Dark Syndicate.
  • Through May 31, 2020 Only: Reseller may market or offer for sale Dark Syndicate Products for the purpose of in-store pick-up or at-home delivery on a website that shares the business name and credentials of the Reseller’s approved brick & mortar retail space. Reseller may market or offer for sale Dark Syndicate Products for the purpose of in-store pick-up or at-home delivery on the following publicly accessible food delivery services: Door Dash, Uber Eats, Postmates, Seamless, and GrubHub or local equivalent (“On-Line Local Delivery”). Notwithstanding the foregoing, Reseller is prohibited from selling Dark Syndicate products via any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace. Except for On-Line Local Delivery, Reseller may not market or offer for sale, ship or send Dark Syndicate Products through any publicly available website or ship to consumers via small parcel carrier, forwarder, shipper, or consignee. Resellers found in violation of these Reseller Provisions will be terminated as an Authorized Reseller. This Provision is subject to change without notice, at any time.
• (d) Sales Practices and Inventory. Reseller will be solely responsible for all aspects of its operation, including human resources, information technology, insurance and legal compliance. Reseller shall support Dark Syndicate’s sales programs and use best efforts to advertise, promote, market, and sell the Products to its authorized customers and, as applicable, meet or exceed minimum sales commitments. Reseller is prohibited from, either directly or indirectly through third parties, selling or distributing the Products through multi-level marketing, pyramid selling, network marketing, referral marketing, or similar selling practices. Reseller shall conduct its business in a reasonable, lawful, and ethical manner at all times, whether engaged in the sale of Dark Syndicate Products or other products, shall not engage in any deceptive, misleading, or unethical practices or advertising at any time nor make any warranties or representations concerning the Products except as expressed or authorized by Dark Syndicate. Reseller shall do nothing to bring the reputation of Dark Syndicate into disrepute. Reseller shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Further, Reseller shall carry an inventory of the Products adequate to meet the needs of, and to furnish prompt and efficient delivery of Products to, its customers.
• (e) Product and Packaging Alterations Prohibited. Reseller shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of products, whether with Dark Syndicate products or other brands of similar products), and other alterations to Products or their packaging are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging is prohibited. Reseller shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products, or place any trademarks, logos or designs on the Products that are not approved in writing by Dark Syndicate. Reseller shall not advertise, market, display, or demonstrate non-Dark Syndicate products together with the Products in a manner that would create the impression that the non-Dark Syndicate products are made by, endorsed by, or associated with Dark Syndicate.
• (f) Customer Service. Reseller shall exercise best efforts to achieve a high level of customer satisfaction. Reseller and Reseller’s sales personnel shall familiarize themselves with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise end-user customers on the selection and safe use of the Products, as well as any applicable return policy. Reseller must make itself available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly. Reseller and Reseller’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Dark Syndicate. Reseller agrees to cooperate fully with Dark Syndicate in any investigation or evaluation of such matters.

1. Product Care and Quality Controls.

• Reseller shall care for the Products as set forth herein.
• (a) Product Storage and Handling. Reseller shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, on lower racks, away from direct sunlight, extreme heat, and dampness, and adhere to any additional storage guidelines specified by Dark Syndicate from time to time.
• (b) Product Inspection. Within three (3) days of receiving the Products, Reseller shall inspect the Products for damage, defect, broken seals, or other nonconformance (collectively, “Defects”). Reseller shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory. Reseller shall not sell any Products that are expired. If any Defects are identified, Reseller must not offer the Product for sale, and must promptly report the Defects to Dark Syndicate at info@DarkSyndicate.org.
• (c) Recalls and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Reseller shall cooperate with Dark Syndicate with respect to any Product recall or other consumer safety information dissemination effort.

1. Warranty Disclaimer.

• EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, ALL DARK SYNDICATE PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARK SYNDICATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE, OR OTHERWISE.

1. Intellectual Property.

• Reseller acknowledges and agrees that Dark Syndicate owns all proprietary rights in and to the Dark Syndicate brands, including, without limitation, Dark Syndicate Diet and Dark Syndicate Upgraded, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “Dark Syndicate IP”). Reseller is granted a limited, non-exclusive, non-transferable, revocable license to use the Dark Syndicate IP solely for purposes of marketing and selling the Products as set forth herein. Reseller’s use of the Dark Syndicate IP shall be in conformance with any guidelines specified by Dark Syndicate, including those contained within the Dark Syndicate Terms of Service, located at https://darksyndicate.org/legal . This license will cease upon termination of Reseller’s status as a Reseller. Dark Syndicate reserves the right to review and approve, in its sole discretion, Reseller’s use or intended use of the Dark Syndicate IP at any time, without limitation. All goodwill arising from Reseller’s use of the Dark Syndicate IP shall inure solely to the benefit of Dark Syndicate.

VII. Termination.

• Dark Syndicate reserves the right to terminate Reseller’s status as a Reseller at any time for any reason or for convenience, and with or without notice. Upon termination, Reseller shall immediately cease (i) purchasing and selling the Products; (ii) acting in any manner that may reasonably give the impression that Reseller is a Reseller of Dark Syndicate Products or has any affiliation whatsoever with Dark Syndicate; and (iii) using all Dark Syndicate IP.

VIII. Indemnification.

• Reseller shall, and hereby does, indemnify, defend and hold Dark Syndicate harmless from any claims or damages (inclusive of Dark Syndicate’s attorneys’ fees) made against Dark Syndicate as a result of (a) any negligence, misrepresentation, error or omission on the part of Reseller or its representatives, (b) any claims, warranties or representations made by Reseller or Reseller’s employees or agents which differ from those made by Dark Syndicate on its products, (c) any claim by a customer relating to any support or services provided by Reseller or any contractor of Reseller relating to the Products, or (d) any breach of these Terms by Reseller.

1. Limitation of Liability.

• DARK SYNDICATE SHALL NOT BE LIABLE TO RESELLER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS. DARK SYNDICATE’S AGGREGATE LIABILITY FOR ANY DAMAGE OR THAT OF ANY THIRD PARTY CAUSED BY ITS PRODUCTS OR OTHERWISE BY IT ACTS OR OMISSIONS, SHALL NOT EXCEED, IN RESPECT OF ANY CLAIM ARISING OUT OF A SINGLE EVENT OR A SERIES OF CONNECTED EVENTS, THE AGGREGATE AMOUNT PAYABLE BY RESELLER TO DARK SYNDICATE DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSATION OF ANY DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY HOWEVER THE LOSS OR DAMAGE IS CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, BREACH OF CONTRACT, DELAY OF PERFORMANCE, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

1. Availability of Injunctive Relief.

• Notwithstanding anything to the contrary herein, if there is a breach or threatened breach of Sections 3 (Manner of Sale), 4 (Product Care and Quality Controls), 6 (Intellectual Property), or 7 (Termination), it is agreed and understood that Dark Syndicate will have no adequate remedy in money or other damages at law. Accordingly, Dark Syndicate shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in the Terms of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of the Terms. No failure, refusal, neglect, delay, waiver, forbearance, or omission by Dark Syndicate to exercise any right(s) herein or to insist upon full compliance by Reseller with Reseller’s obligations herein shall constitute a waiver of any provision herein or otherwise limit Dark Syndicate’s right to fully enforce any or all provisions and parts thereof.

1. Audit.

• Dark Syndicate reserves the right to audit and/or monitor Reseller’s activities for compliance with the Terms, including, but not limited to, inspection of Reseller’s facilities and records concerning the Products.

XII. Miscellaneous.

• (a) Modifications. Dark Syndicate reserves the right to update, amend, or modify the Terms upon written or electronic notice to Reseller. Unless otherwise provided, such amendments will take effect immediately and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the Dark Syndicate IP, or use of any other information or materials provided by Dark Syndicate to Reseller under the Terms following notice will be deemed Reseller’s acceptance of the amendments.
• (b) Waiver. No waiver of any breach of any provision of the Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, nor shall it constitute a course of dealing and no waiver shall be effective unless made in writing.
• (c) Reseller Contact Information. Reseller agrees to maintain accurate and up-to-date company information and to promptly notify Dark Syndicate of any change to its telephone number, mailing address, or email address.
• (d) Force Majeure. Dark Syndicate shall not be deemed to be in breach hereof or liable to Reseller in any manner on account of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond Dark Syndicate’s control, including without limitation, fire, flood, terrorist threats or acts, riot or other civil unrest, war, invasion, hostilities, strikes or other labor disputes, embargoes or transportation delays, shortage of labor, inability to secure fuel, energy, materials, supplies or power at reasonable prices from regular sources or on account of shortages thereof, delays or failures of any of Dark Syndicate’s suppliers to deliver, acts of God or of a public enemy, the effect of any existing or future laws, acts or regulation of any applicable federal, state or local government, or any other commercial impracticability.
• (e) Severability. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid.
• (f) Survival. The following provisions shall survive the termination of the Terms: Section 6 (Intellectual Property); Section 8 (Indemnification); Section 12(f) (Survival); Section 12(g) (Governing Law and Venue); Section 12(h) (Waiver of Jury Trial).
• (g) Governing Law and Venue. The Terms and any dispute arising under them shall be governed by, construed, and enforced in accordance with the laws of the State of Washington, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Terms, Reseller expressly submits to personal jurisdiction and venue in the federal or state courts in King County, Washington.
• (h) Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EACH HEREBY IRREVOCABLY AND EXPRESSLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY OR THE PARTIES’ ACTIONS IN THE NEGOTIATIONS, ADMINISTRATION, OR ENFORCEMENT HEREOF OR THEREOF. THE PARTIES ACKNOWLEDGE THAT SUCH WAIVER IS MADE WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE NATURE OF THE RIGHTS AND BENEFITS WAIVED HEREBY, AND WITH THE BENEFIT OF ADVICE OF COUNSEL OF ITS CHOOSING.

XIII. International Resellers – Additional Terms.

• National and international regulations may restrict or prohibit the shipment or importation of certain products into your country, or may impose duties, tariffs or other charges on such shipments or imports. We are not responsible for determining whether products that you order may lawfully be imported into your country. Each Reseller is solely responsible for ensuring that its resale of Dark Syndicate products complies with all applicable laws, rules, regulations and orders in any jurisdiction or territory in which the Reseller operates or resells the products. Reseller shall be solely responsible for complying with any and all import and export control laws and regulations of Canada and any other country or jurisdiction into which it has been permitted to distribute the Dark Syndicate products.
• Reseller shall be responsible for all taxes of any nature which become due with regard to resale of Dark Syndicate products, including, but not limited to, all sales, use, VAT, GST and other taxes, but excluding taxes on Dark Syndicate’s income. In addition, Reseller shall pay all import and export duties, government permit fees, license fees, customs fees and similar fees levied as a result of the existence or operation of these Terms and any penalties, interest, collection costs and withholding costs associated with any of the foregoing. You must be aware that we have no control over any such additional costs, and cannot predict in advance whether there will be any and, if so, how much they will be. We recommend that you contact your local customs office to thoroughly inquire about import regulations and applicable duties, tariffs or other charges, and to obtain all necessary import permits, licenses or authorizations, before you place your order.
• Due to customs and export or import restrictions some Dark Syndicate products may not be allowed for importation into certain countries, and some countries prohibit the sale of products containing certain ingredients. As a result, we may not be able to fulfill an order for such products if you live in one of those countries. However, you remain solely responsible for determining if products that you order can be lawfully imported into and sold in your country.
• Resellers are responsible for the products once their order has shipped including products that may be rejected, confiscated or destroyed by customs officials. We do not accept returns due to problems relating to not following customs regulations or any export rule, law, regulation or order. We will not provide any refunds for any orders that are seized by customs officials, refused or held for delivery, abandoned by the intended recipient, that cannot be delivered due to an address error, or that contain products that cannot be sold in your country.
• Dark Syndicate reserves the right to approve all online marketing and sales materials, including websites, blogs, and online stores pertaining to the Dark Syndicate products prior to publication.

We keep your info anonymous & private.

It is our aim through this Privacy Policy (“Policy”) to explain what information we collect about you and why we collect that information. We also want to make sure you understand how we use and share your information and the choices available to you. Our goal is to earn and keep your trust as you visit websites and applications about our products.

This Policy describes how we treat personal information on websites (“sites”), mobile or social media applications (“apps”), and any other services where we include an authorized link or reference to this Policy (together, the “Services”). This Policy does not describe our practices on sites or apps where it is not referenced.

Your use of our apps and sites indicates you agree to our collection, use, and sharing of your information as set forth in this Policy. Any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. Our Terms of Service, are incorporated by reference into this Policy.

GDPR Privacy Notice: We have issued our new GDPR Privacy Notice relating to personal data that is subject to the European Union’s General Data Protection Regulation.

What information do we collect?

We collect identifiers and contact information. For example, we may collect your name and street address if you register on our site or apps. We may also collect your phone number or email address. We also collect online identifiers. For example, if you engage with us through a social media site, we may collect your social media user identifier.

We collect payment information. If you make purchases with us, we (or our business partners who process credit cards for us) may collect your billing information. This includes your credit card number.

We collect information you submit or otherwise provide or authorize us to collect. We collect the information you post in a public space on our site. This includes comments and videos or photos. We also collect any other information you may provide to us or authorize us to collect. This may include information about your physical activities or your nutrition preferences. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we may collect the information you provide, including your telephone number or when you read a text message.

We collect demographic information and information about your interests. We may collect information such as your gender and age, household or lifestyle information, and your ZIP Code.

We collect internet and electronic network activity information, such as device and usage information. We may collect information about the browser you are using, and we may look at what site you came from, or what site you visit when you leave us. We may also collect information about your operating system, Internet Service Provider (ISP) information and IP addresses and other device identifiers, such as mobile device identifiers. In addition, we may collect information about your use of our Services, including through use of tracking technologies such as cookies, pixel tags, and Flash Cookies.

We collect geolocation information. Using technologies such as GPS or Wi-Fi, we may collect information about your location. For example, if you use our mobile apps, we may access your device’s location information to provide you location-enabled features.

We collect job application information, such as professional or employment-related information and education information. We collect information if you apply for a job with us. This information may include your education and work history, your skills, and qualifications for the position. We may ask about how you learned about the position. If applicable, we may ask about your driving record and your ability to perform the position. We may also collect the last four digits of your social security number and your nationality.

We collect information about third parties. From time to time, we may allow you to send an email or message to a friend through one of our sites or apps. If you choose to do this, we will need that person’s name and email address.

How do we collect information?

We collect information directly from you. We collect information from you when you:

• make a purchase with us;
• register on one of our sites or apps;
• apply for a job;
• sign up for our email newsletters, marketing text messages and other notifications;
• participate in promotions such as sweepstakes or contests;
• fill out a survey;
• contact us, such as through our sites and apps or otherwise communicating with our Consumer Relations team; and
• otherwise provide it to us or authorize us to collect it

We collect information from you through tracking tools. We use tracking tools like browser cookies and mobile device IDs to collect information when you use the Services. We do this on our websites, in emails that we send to you, and in media advertising. We collect information about usage and browser information over time. You may learn more about the choices that may be available to you by visiting our About Our Cookies policy

Third parties may also share information about you with us. For example, our business partners may give us information about you. We may receive information from commercial sources such as companies who compile information about shoppers and their preferences. Social media platforms may also give us information about you, and we may get information about your interactions with our ads on third-party sites.

Some information provided by third parties may be aggregated or otherwise deidentified so that it does not identify you. Aggregated and deidentified data are not subject to this Privacy Policy.

We combine information from different sources. For example, we may combine information we have collected offline with information we collect online. We combine information we have collected across third-party sites, including social media sites. We combine information across devices such as computers and mobile devices. We may also combine information from third parties with information we already have. We may use this information to generate inferences about you and for the other purposes described in this Privacy Policy.

How Do We Use the Information We Collect?

We use information to help us effectively provide you products and services. We use your information to respond to your questions or enable you to participate in our programs. This may include sweepstakes or contests. We also may use your information to process your registration with sites and apps. We may use your friends’ email addresses to send them information that you requested we send them. We also use your information to process orders for you. We may also contact you about products and services you have requested, or if you have won a prize or promotion.

We use information to improve our products and services. One of our goals is that you have a positive experience with our sites, apps, and products. Therefore, we may use your information to improve your experience with our sites, apps, and products. We may use information you provide or that third-party partners give us to personalize your experience.

We use information for security purposes. We may use your information to help protect you, our sites and apps, our company, our customers, and our consumers.

We use information for marketing purposes. For example, we might send you information about products, offers, features, or updates. We might also use your information to serve you ads about products and offers. Those ads may appear on third-party platforms which may include social media. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may provide you with information through email or push notification. If you have elected to receive text messages from us, then we may send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages.

We use information to get feedback from you about how we’re doing and for other transactional purposes. We may contact you about this Policy or the Terms of Service posted to the sites or apps you are using. We may also communicate with you about a job application or your questions about our products or promotions.

We use information as the law allows us or as we may notify you.

How Do We Share Your Information?

We share information with our business partners and third-party vendors. For example, we may share information with joint promotion partners. If you register for a joint promotion, your information may be collected by both us and the third party. This might include retailers. Your information will be used by us as described in this Policy or by promotion partners as described in their policies. We may also share information with companies who serve as our vendors or third parties who perform services on our behalf. They may help us deliver products or services to you. We may share information with companies who operate our sites and apps or who run our promotions.

We will share information if we think we must in order to comply with the law or to protect our company. For example, we will share information to respond to a court order or subpoena. We may share information if a government agency or investigatory body requests it. This includes United States and non-United States law enforcement or regulatory authorities. We may also share information to help protect you, our sites and apps, our company, our customers, and our consumers. We may also share information if we are investigating potential fraud.

Third parties may collect information when you use the Services. Third parties that provide advertising, content, and/or functionality to our Services may collect information from these Services through tracking tools like browser cookies and mobile device IDs. For example, third-party advertisers may have a presence on some of our Services, and this information may be collected over time and combined with information collected across different websites and online services. You may learn more and see information about choices available to you by visiting our About Our Cookies policy

We may share information with any successor to all or part of our business. For example, if part of our business is sold, or is involved in a merger, consolidation, asset sale, or in the unlikely event of bankruptcy, we may include your information as part of that transaction.

If there are additional reasons we may share information, we will describe those to you.

You Have Certain Choices About How We Use Your Information

You can opt out of email marketing. To stop receiving promotional emails from us, follow the instructions in any promotional email message you get from us. If you opt out of getting marketing email messages, you may continue to receive non-marketing email messages from us where permitted by law.

You can opt out of SMS marketing text messages. To stop receiving any marketing text messages that you have elected to receive, you can opt out by replying “STOP” to the text message. For help, reply “HELP” to any text message you receive from us.

You can control cookies and tracking tools. To learn how to manage how we and our vendors use cookies and other tracking tools, and to read our About Our Cookies policy.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit "do-not-track" signals to websites. Because the standards for these signals are still under development, we currently do not take action in response to these signals.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. To modify the push notifications you get from our app, you can alter your preferences in your profile.

You may have other choices under state laws. Depending on where you live, you may have certain additional rights, such as the right to request access to your personal information or to request deletion of your personal information.

Requests should be submitted as set out in the “Feel Free to Contact Us If You Have More Questions” section of this Privacy Policy. These rights are not absolute, and we will respond to all requests we receive in accordance with applicable laws. The Your California Rights section below provides additional information for California residents.

Children’s Privacy

Dark Syndicate is not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If you are a parent or legal guardian and think that your child under 13 has given us information, you can contact us at info@darksyndicate.org and we will take appropriate steps. You can also write to us at the address listed below. Please mark your inquiries “COPPA Information Request.”

Security Measures

We use various technical and organizational mechanisms to secure our websites and apps. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be perfectly secure.

Our Services Are Intended for a Canadian &United States Audience

The Sites are governed by and operated in, and in accordance with the laws of, the United States & Canada, and are intended for the enjoyment of residents of the United States & Canada. Bulletproof makes no representation that the Sites are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, or elsewhere outside of the United States & Canada, please be aware that information we collect may be transferred to and processed in Canada. By using the Sites, or providing us with any information, you (a) acknowledge that the Sites are subject to the laws of the Canada, (b) consent to the collection, processing, maintenance and transfer of such information in and to the Canada and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

We May Link to Other Sites or Apps or Have Third Party Services and Tools on Our Platform We Don't Control

We may link to or allow you to access the Services from third-party websites or platforms. Our sites and apps may also include third-party content that collects information. Third party content may include tools like cookies and tracking technologies. These third parties may use your information for their own purposes. This may include behavioral advertising and analytic purposes. We do not control these third parties or their use of these technologies, so please read their privacy policies carefully.

Feel free to contact us if you have more questions

If you have questions about this Policy or our data practices, or if you would like to submit a request, please contact info@darksyndicate.org to submit your question.

We May Update This Policy

From time to time, we may change this Policy. When we do, we will notify you of any material changes as required by law. This will include posting an updated copy here and updating the “Last Updated” date. Please check periodically for updates.

California Residents

California “Shine the Light” Law

If you reside in California, you have the right to ask us one time per year for information about our disclosure, if any, of personal information to third parties for their direct marketing purposes in the preceding calendar year. To make a request, please contact info@darksyndicate.org or write to us at the address listed above. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry. We reserve our right not to respond to requests submitted other than by the means specified in this section, if the request is not labeled or sent properly, or if the request does not have complete information.

California Consumer Privacy Act (CCPA)

We have explained our privacy practices in full in the other sections of this Privacy Policy. In this section, we provide a list of categories of personal information as set forth in the CCPA that have been collected, disclosed for business purposes, or “sold” for commercial purposes (as may be defined by the CCPA) during the preceding 12 months, as well as certain other information. Please see the other sections of the Privacy Policy for additional information and context.

As discussed in the other sections of our Privacy Policy, we collect this type of information from you, through our interactions with you and others, and from third parties, and we disclose these categories of personal information within Bulletproof, to business partners and third-party vendors that provide us hosting, advertising, and other services, and as needed to comply with legal process. Your personal information may also be shared with third parties with whom you interact and third parties that you direct us to share your information with through our Services.

We share personal information with third parties in various ways as described elsewhere in this Policy. We do not consider the ways we share your personal information to comprise the sale of your information. You may learn about ways in which you can control the collection of information about you through cookies, mobile ad IDs, and other tracking tools by third parties by visiting our About Our Cookies policy

Information about how you may exercise your rights as a California resident can be found in the “Feel Free to Contact Us If You Have More Questions” section of our Privacy Policy.

We may verify your request by asking you to provide information to confirm your identity. This information may vary depending on your relationship with us. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. Subject to applicable law, you may have a right not to be discriminated against for exercising your rights over your personal information.

Nevada Residents

Nevada law allows customers to “opt out” of the sale of certain personal information, called “covered information.” Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us by email at info@darksyndicate.org and provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If your contact information changes at any point, contact us in the same manner to update your contact information. For more information about our data collection and sharing practices, please review this Privacy Policy. We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt out request.

About our Cookies

We use common tracking technologies.

We collect personal information about users over time and across different websites. We also work with third parties that collect personal information this way. These third parties may have tools they place on our sites. Our vendors may also use these tools. In this policy "we" and "us" refers to both Bulletproof and our vendors.

We use tracking technologies for a variety of reasons.

We use several common tracking tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. Third parties also use these tools on our sites and elsewhere on our behalf. Cookies are small files that download when you access certain websites. These pages also explain how you can manage and delete cookies. We use tracking tools:

• To recognize new or past customers.
• To store your password if you are registered on our site.
• To improve our website.
• To serve you with interest-based or target advertising (see below for more on interest-based advertising).
• To observe your behaviors and browsing activities over time across multiple websites or other platforms.
• To better understand the interests of our customers and our website visitors.

We engage in interest-based advertising.

We or our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include on mobile applications ("apps").

Interest-based advertising (sometimes called "online behavioral advertising") includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based upon your browsing habits or online activities. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads on our behalf. They might be about our products and brands or about other companies' products and brands.

How do we gather relevant information about you for interest-based advertising?

To help us decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. We gather this information using the tracking tools described above. For example, we or our partners might look at your purchases or browsing behaviors. We or our partners might look at your location. We might look at these activities on our platforms or the platforms of others.

We work with third parties who help gather this information. These third parties might link your name or email address to other information they collect. That information might include past purchases made offline or online. Or, it might include online usage information.

You can control certain tracking tools.

Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy: Some browsers have "do not track" features that allow you to instruct a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

Options you select are browser and device specific.

You can opt out of some interest-based behavioral advertising.

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes,

The Digital Advertising Alliance also offers a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising. To exercise choice for companies participating in this tool, download the AppChoices app

Choices you make are browser and device specific.