Last Updated: September 20th, 2017
Binding Agreement. These Terms constitute a binding agreement between you and Protagonist LLC and its subsidiaries (“Protagonist,” “we,” “us”). “You” and “users” shall mean all visitors to the Services. You accept these Terms each time you access the Services. If you do not accept these Terms, you must not use the Services. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Services.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Services after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Services.
The “Services” means our websites, mobile applications or other online products and services. The Services include an online platform that enables the purchase of consumer goods.
Eligibility to Use the Services
Children. No part of the Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
Protagonist may communicate with you by email or posting notice on the Services. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Fees and Payment; Shipping
We will charge you for the Goods you purchase through the Services. Goods will be shipped to the address you designate during the check-out process.
Prices. The price for goods available for purchase through the Services (“Goods”) will be displayed to you on the Services. The prices displayed include taxes. There is no charge for standard shipping, but expedited shipping may be purchased at additional cost. Please see “Shipping” below for more information.
Payments. The Services currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
United States Dollars. All monetary transactions on the Services take place in U.S. dollars.
Refunds and Returns; Cancellation. If there is an issue with Goods purchased through the Services, please email us at firstname.lastname@example.org. Return shipping is free for United States customers; standard shipping rates apply for international customers. Cancellation requests should be directed to email@example.com. Once your order has been issued to our Fulfillment Center, we will be unable to cancel.
Title. Risk of loss and title for Goods purchased from Protagonist pass to you upon delivery of such Goods to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Shipping. When you place an order for Goods through the Services, the Goods will be shipped to the address you designate as the “Shipping Address” during the check-out process. 2 day shipping is included for shipments within the United States, and 3 – 7 day shipping is included for shipments to international addresses. Expedited shipping may be purchased at an additional cost.
Protagonist’s Content Ownership and Use
Protagonist owns or has rights to all of the content we make available through the Services, but you may use it solely for personal use in connection with your use of the Services. You cannot use our logo without our written permission.
The contents of the Services include: trademarks, designs, text, graphics, images, video, information, names, logos, product and service names, button icons, software, audio files, computer code, domain names and other Protagonist content (collectively, “Protagonist Content”). All Protagonist Content and the compilation (meaning the collection, arrangement, and assembly) of all Protagonist Content are the property of Protagonist or its licensors and are protected under copyright, trademark, and other laws of both the United States and other foreign countries.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Protagonist Content. Unauthorized use of Protagonist Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Services or content available on the Services.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
Do not do bad things with the Services, try to break it, or steal our hard work.
You agree to use the Services only for its intended purpose. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Services are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services, user accounts, or the technology and equipment supporting the Services;
- frame or link to the Services without permission;
- use data mining, robots, or other data gathering devices on or through the Services;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Services to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;(1)
- use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Protagonist or others; or
- access the Services from a jurisdiction where it is illegal or unauthorized.
(1) Note to AB: Please review the highlighted sections to ensure that this is applicable. It does not appear to us that there is currently a way for users to post any content to the site.
Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Services.
We reserve the right to suspend or terminate your account and prevent access to the Services for any reason, at our discretion. We reserve the right to refuse to provide the Services to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
We are not liable for the actions of users when they use the Services. We may also change the Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Services or other websites.
Changes to the Services. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Protagonist of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Services at your own risk.
Third-Party Websites. The Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Services.
Released Parties Defined. “Released Parties” include Protagonist and its parents, subsidiaries, affiliates, officers, managers, employees, agents, representatives partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Services at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF PROTAGONIST CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Protagonist Content, (iii) your breach of these Terms; or (iv) any other acts through your use of the Services. We shall provide notice to you promptly of any such claim, suit, or proceeding.
Protagonist reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services. Such additional rules will be posted in the relevant parts of the Services. Your continued use of the Services constitutes your agreement to comply with those additional rules.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Services.
These Terms and the relationship between you and Protagonist shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Protagonist agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York County in the state of New York. You covenant not to sue Protagonist in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Services or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.