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Terms & Privacy

Privacy Policy

This Privacy Policy has been updated and is effective as of January 4th, 2023.

This “Privacy Policy” describes the privacy practices of Under the Canopy, LLC., and our subsidiaries and affiliates (collectively, “Under the Canopy”, “UTC”, “we”, “us”, or “our”) in connection with the underthecanopy.com website, the Under the Canopy mobile application, any other website or mobile application that we own or control and which posts or links to this Privacy Policy (the “Sites”), our retail stores and related services, and the rights and choices available to individuals with respect to their information.


We provide important information for California residents and European users further down.

I. PERSONAL INFORMATION THAT UNDER THE CANOPY COLLECTS


A. Personal information you may provide to us through the Service, Third Parties or otherwise includes:


  • 1. Contact Data. Contact information such as your first and last name, email and mailing addresses, phone number, professional title or company name.

  • 2. Registration Data. Information that you provide to create an account or sign up for an event/promotion, including but not limited to the day and month of your birth and the event you registered for.

  • 3. Data About Others. Information such as name, delivery address and phone number of any individual(s) you purchased an item/gift for. We urge you not to purchase a gift for someone or share their contact information with us unless you have their permission to do so.

  • 4. Profile Data. The username and password that you set when creating an online account with us as well as your interests and preferences together with any security questions/answers you provide us with.

  • 5. Communications. Information you provide when you contact us, provide feedback, submit survey responses, or otherwise correspond with us in any way and through any platform available.

  • 6. Marketing Data. The email address/contact information that we use to send marketing communications and your preferences for receiving such communications about our activities, events, sweepstakes, contests, and promotions.

  • 7. Purchase Data. Your order history and all information needed to process and fulfill your order; including order details, billing and delivery address.

  • 8. Misc. Information. Information we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

  • 9. Data From Other Sources. We may also collect information about you from: (a)Business Partners, such as advertising and joint marketing partners; (b) Data Providers, such as information services and data licensors; and (c) Public Sources, such as blogs, forums, and social media platforms.

  • 10. Information We Obtain From Third Party Platforms. If you login to the Site(s) via a third-party platform, such as Google, Facebook, Instagram, TikTok, or otherwise connect your account with us to a third-party platform or network we may collect information from that platform or network. You may also provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address.

II. HOW UNDER THE CANOPY USES YOUR INFORMATION

A. We use your personal information for the following purposes and as otherwise described in this Privacy Policy:


  • 1. Service delivery. We may use your personal information to:

  • 1.1. Provide, operate and improve the Service, such as to enable you to make purchases of clothing and accessories that we have listed on the Sites;

  • 1.2. Establish and maintain your account on the Service;

  • 1.3. Communicate with you about the Service, including sending announcements, updates, security alerts, support, and administrative messages;

  • 1.4. Provide customer support and maintenance for the Service;

  • 1.5. Facilitate your login to the Sites via third party platforms, such as Google and Facebook, Instagram or TikTok; and

  • 1.6. Enable security features, such as sending security codes via email or SMS, and remembering devices from which you have previously logged in.

  • 2. Direct Marketing. If you are an existing customer of Under the Canopy we may use the Personal Data you provided to send you marketing communications about Under the Canopy products or services, where permitted by applicable law (unless you have opted out). Otherwise, we ask for consent in order to send marketing information. We may use the information that you provide to us, as well as information we have collected to personalize communications and advertisements regarding our products and services that may be of interest to you. For existing users, this may include data collected from your interactions with our website or apps that are associated with your account. You have the option to opt-out of our marketing and promotional communications.

  • 3. For Research and Development. Your personal information may be used for research and development purposes, including to analyze and improve our Service and overall business.

  • 4. To Create Anonymous Data. Under the Canopy may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We turn personal information into anonymous data by excluding information, such as your name, that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

  • 5. Interest-Based Advertising. Under the Canopy may contract with third-party advertising companies and social media companies to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data or geolocation data described above) over time across our Service, other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you, otherwise known as “Interest-Based Advertising”.

  • 6. To Comply With Laws and Regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes.

  • 7. For Compliance, Fraud Prevention and Safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect ours, yours or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with both legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including but not limited to cyber-attacks and identity theft.

  • 8. With Your Consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information.


III. HOW WE SHARE YOUR PERSONAL INFORMATION

A. We may share your personal information with the following third parties and as otherwise described in this Privacy Policy:


  • 1. Affiliates. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.

  • 2. Service Providers. Companies and individuals that provide services on our behalf or help us operate our Service or Business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation).

  • 3. Advertising Partners. Third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services, or use customer lists that we share with them to deliver ads to them and similar users on their platforms.

  • 4. Third Party Platforms. Social media and other third-party platforms that you connect to the Service, such as when you use options to access the Service by logging into a social media platform.

  • 4.1. We DO NOT control third party use of your personal information.

  • 5. The Public. Other users of the Service and the public when you disclose personal information for public use. For instance, you may be able review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users, or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others before you have a chance to edit or remove it.

  • 6. Professional Advisors. Professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services they render to us.

  • 7. Authorities and Others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with the law or for the compliance, fraud prevention and safety purposes described above.

  • 8. Business Transferees. We may sell, transfer, or otherwise share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.


IV. YOUR CHOICES

A. In this section, we describe the rights and choices available to all users.


  • 1. Access or Update Your Account Information. If you have created an account with us, you may review and update certain personal information in your account profile by logging into the account.

  • 2. Opt Out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message. Please be aware that message and data rates may apply.

  • 3. Cookies. Most browsers let you remove/stop accepting cookies from the websites you visit. If you wish to do this, follow the instructions in your browser’s settings.

  • 4. Advertising Choices. You may opt-out of interest-based advertising.

  • 5. Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals.

  • 6. Privacy Settings and Location Data. Users of our App can disable our access to their device’s precise geolocation in their mobile device settings.

  • 7. Choosing Not To Share Your Personal Information. If you do not provide the information that we need to provide the Service, we may not be able to provide you ith certain features or the Service as a whole. We will inform you of the information you must provide to receive the Service.

  • 8. Third-Party Platforms or Social Media Networks. If you choose to create an account through a third-party or connect the Service with another third-party platform, you may have the ability to limit the information that we obtain from the third-party at the time you log in to the Service using the third-party’s authentication service or otherwise connect your account. You may also be able to control your settings through the third-party’s platform after you have connected your accounts.


V. OTHER SITES, MOBILE APPLICATIONS AND SERVICES

  • A. The Sites may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with any third party.

  • B. Our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions or data collection. Third-Party platforms and other sites may follow different rules regarding data collection, use and sharing of your personal information. We urge you to read the privacy policies of the other websites and online services you use.

VI. SECURITY PRACTICES

A. The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.


VII. INTERNATIONAL DATA TRANSFERS

A. Under the Canopy is headquartered in the United States and may have service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.


VIII. CHILDREN

The Service is not intended for use by children under 16 years of age, and we do not knowingly collect information about children under age 16 through the Service. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian as required by law, we will delete it.


IX. CHANGES TO THIS PRIVACY POLICY

  • A. We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites. If required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you.

  • B. Any modifications to this Privacy Policy will be effective upon our posting of the modified version. In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms.

X. HOW TO CONTACT US

Please direct any questions or comments about this Policy or privacy practices to hello@underthecanopy.com. You may also write to us via postal mail at:

Under The Canopy
156 5th Ave, 10th Floor
New York, NY, 10010
United States


XI. NOTICE TO CALIFORNIA RESIDENTS

Section effective as of: January 1, 2020


  • A. We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide to California residents an explanation of how we collect, use, and share their Personal Information, and of the rights and choices we offer to California residents with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”).

  • 1. Personal Information We Collect, Use, and Share. We do not sell personal information. We also work with third party advertising and social media companies like Google, Facebook, TikTok, and Instagram that collect your device data and online activity data from individuals who visit our website to help deliver interest-based ads to you.

  • 2. Your California Privacy Rights. The CCPA grants California residents the following rights. These rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • 2.1 Information. You can request information about how we have collected, used, and shared your Personal Information during the past 12 months by emailing us at hello@underthecanopy.com.

The following information can be requested:

  • 1.The categories of Personal Information that we have collected.
  • 2.The categories of sources from which we collected Personal Information.
  • 3.The business or commercial purpose for collecting or selling Personal Information.
  • 4.The categories of third parties with whom we share Personal Information.
  • 5.Whether we have disclosed or sold your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient.

  • 2.2 Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months by emailing us at hello@underthecanopy.com.


    2.3 Deletion. You can ask us to delete the Personal Information that we have collected from you by emailing us at hello@underthecanopy.com.


    B. You may exercise the rights described above free from discrimination. We have also provided additional information about how you can opt-out of the use of your information for interest-based advertising in the “Your Choices” section of this Privacy Policy..



    C. You may exercise your California privacy rights described above as follows:.


    • 1. Right To Information, Access, and Deletion. You can email us at the email provided directly above to request information, access, or deletion. We reserve the right to confirm your California residence and your identity to process your requests to exercise your information, access, or deletion rights. As a result, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. Failure to comply with these requirements may result in a delay or rejection of your request.

    • 2. Request A List Of Third Party Marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship with primarily for personal, family or household purposes to provide certain information about the companies’ sharing of personal information with third parties for their direct marketing purposes during the preceding year (if any). You can submit such a request by sending an email to hello@underthecanopy.com with “Shine the Light” in the subject line. The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.

    • D. Failure to comply with these requirements may result in a delay or rejection of your request. Please provide sufficient detail so that we may promptly and accurately work on your request

      .

      XII. NOTICE TO EUROPEAN USERS

      • A. The information provided in this “Notice to European Users” section applies only to individuals in the European Union, the European Economic Area, or the United Kingdom (collectively, “Europe”).

      • 1. Personal Information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

      • 2. Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Under The Canopy 156 5th Ave, 10th Floor, New York, NY, 10010, United States.

      • 3. Legal Bases For Processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent, or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at hello@underthecanopy.com.

      • 4. Use For New Purposes. We may use your personal information for reasons not described in this Privacy Policy, where permitted by law and for a related purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

      • 5. Sensitive Personal Information. Unless specifically requested, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us.

      • 6. Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your personal information, we will either delete it or anonymize it or, if this is not possible then we will securely store your personal information and isolate it from any further processing.

      • 7. Rights. European data protection laws give you rights regarding your personal information. You may request that we take the following actions in relation to your personal information:

        • • Access. Provide you with information about our processing of your personal information and give you access to your personal information.

        • • Correct. Update or correct inaccurate personal information.

        • • Delete. Delete your personal information.

        • • Transfer. Transfer a copy of your personal information to you or a third party of your choice.

        • • Restrict. Restrict the processing of your personal information.

        • • Object. Object to our legitimate interests as the basis of our processing of your personal information that impacts your rights.


      • B. All requests for the information above may be submitted by email to hello@underthecanopy.com or our postal address. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.


      If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.

      XIII. COOKIE POLICY

      This Cookie Policy explains how Under the Canopy uses cookies and similar technologies in connection with the Under the Canopy website and any other site that we own or control (collectively, the “Sites”), along with the Under the Canopy mobile application and any other mobile applications that we own or control and which posts or links to this Cookie Policy (collectively, the “Apps”).


      • A. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies serve many purposes, such as helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience.

      • We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including site analytics, advertising, and social media features.

      • B. On the Sites, we use cookies and other tracking technologies in the following categories:

      • 1. Advertising. Sites, including but not limited to Facebook, Instagram, and TikTok use cookies to collect information about how you use our site as well as theirs over time.

      • 2. Analytics. These cookies are especially helpful in determining how our site is being used as well as its overall performance. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients.

      • 3. Essential. These cookies are necessary for the overall function of our sites. They are required in order to allow you to move freely through our sites.

      • 4. Performance. We also use cookies that help us better the performance of our site and overall business.


      • XIV. MISC. TECHNOLOGIES

        • A. Our Sites may also use other technologies, such as Flash technology and pixel tags to collect information automatically.

        • B. We may also use web beacons on our Sites and in our HTML formatted emails to track the actions of users on our Sites and interactions with our emails. Unlike cookies, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, so that we may track the uses of our sites.

        • C. We may use third-party software development kits (“SDKs”) in our Apps. An SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our Apps.


        XV. YOUR CHOICES

        • A. We use services provided by Google, Facebook and other companies that use tracking technology. Your options for opting out of these companies’ use of your personal information for interest-based advertising include:

        • 1. Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings.

        • 2. Blocking Advertising ID Use In Your Mobile Settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

        • 3. Using Privacy Plug-ins Or Browsers. You can block our websites from utilizing cookies used for interest-based ads by using a browser with privacy features and configuring them to block third party cookies/trackers.

        • 4. Platform Opt-outs. The following advertising partners offer opt-out features that let you opt-out of the use of your personal information for interest-based advertising:

        • o Google: https://adssettings.google.com

        • o Facebook: https://www.facebook.com/about/ads

        • B. If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.


        XVI. CHANGES

        A. Information regarding the cookies we use may be updated from time to time. Please check back on a regular basis for any changes.

    Terms & Conditions

    This website is operated by Under The Canopy. Throughout the site, the terms “we”, “us” and “our” refer to Under The Canopy. Under The Canopy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    You must not transmit any worms or viruses or any code of a destructive nature.

    A breach or violation of any of the Terms will result in an immediate termination of your Services.

    SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time.

    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

    SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our Returns Policy.

    SECTION 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

    SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties.

    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 10 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

    SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 12 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall Under The Canopy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 14 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Under The Canopy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 15 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    SECTION 17 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    SECTION 18 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 156 5th Ave, 10th Floor, New York, NY, 10010, United States.

    SECTION 19 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 20 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@underthecanopy.com.