Privacy Policy

The following privacy policy ("Privacy Policy") sets forth Courtney Schwabe LLC's DBA Contraire® ("Company") policy with respect to information, including personally identifiable data ("Personal Data") and other information, Company collects from visitors to the Company website located at http://contrairestudio.com/ ("Website"). Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Massachusetts, United States.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what Personal Data we may collect and how it may be used. This statement only applies to this Website. This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein. If you choose to use the Website, your use is hereby deemed acceptance of Company’s practices described in this Privacy Policy.

What Information Do We Collect and How Is It Used?

INFORMATION YOU VOLUNTARILY SUBMIT TO THE WEBSITE:

The Website may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. Personal Data may include, but is not limited to, your name, email address, and phone number.

Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of Company and the authorized third parties referenced below.

INFORMATION WE COLLECT FROM OTHERS:

The Website may receive information about you from other sources. For example, if you use third-party software through the Website, they may transfer information to us for fulfillment. We do not control the data privacy or protection policies of third parties, and we are not responsible for the privacy practices of these third parties. Our legal basis for processing this information is our legitimate interests, namely monitoring and improving our services, and the legitimate interests of our customers.

AUTOMATICALLY-COLLECTED INFORMATION:

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

COOKIES:

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

How Your Information May Be Used

The Website may use the information collected in the following ways:

To operate and maintain the Website;
To fulfill orders or oversee contests or promotions;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
Training and quality control;
To track and measure advertising on the Website; or,
To protect, investigate, and deter against unauthorized or illegal activity.

Legal Bases for Processing Data Under the General Data Protection Regulation ("GDPR")

We are responsible as "controller" of your Personal Data under the GDPR and below are the types of lawful basis that we will rely on to collect and process your Personal Data:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at courtney@contrairestudio.com.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject.
Consent means where you have consented to a certain use of your Personal Data.
Vital Interest means processing your Personal Data to protect the vital interests of the data subject or another natural person.

HOW TO FILE A GDPR COMPLAINT

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

Where Your Personal Data is Held

Personal Data may be held at our offices and those of our affiliates, parent or related companies, third-party agencies, service providers, representatives, and agents as described below (see below: “Third Party Use of Personal Information”).

Some of these third parties may be based outside the European Economic Area.

Third-Party Use of Personal Information

Company may share your Personal Data with certain third parties as set forth below:

THIRD PARTY VENDORS:

We may share your information with third-party vendors or service providers who help us provide our products or services or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request. Parent Companies and Affiliates: We may share your information with a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), provided that we require our Affiliates to honor this Privacy Policy.

BUSINESS TRANSFERS:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets. We may also share Personal Data with potential buyers. Usually, information will be anonymized, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

RELATED COMPANIES:

We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

THIRD PARTIES WITH PERMISSION:

We may share your information with third parties to whom you ask us to send your information.

AGENTS, CONSULTANTS, AND RELATED THIRD PARTIES:

Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

LEGAL REQUIREMENTS:

Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, (iv) protect against legal liability including to resolve disputes, investigate problems, or enforce our customer contracts.

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider's use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

Google Analytics and Search Console – these services track Website usage and provides information such as referring websites and user actions on the Website. They may capture your IP address, but no other personal information is captured by these services.
Flodesk – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.
Dubsado – this service is used to collect information from users of the Website. We receive the information that you input into the form and send to us.

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

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

Anonymous Data

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

Cookies

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

WHAT ARE COOKIES?

A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a "device") by the web server so that a website can remember some information about your browsing activity on the Website. The Cookie will collect information relating to your use of the Website, information about your device such as the device’s IP address and browser type, demographic data, and, if you arrived at the Website via a link from third party site, the URL of the linking page.

In addition to Cookies, the Website may use web beacons. Web beacons allow us to count the number of users who have visited or accessed the Website and to recognize users by accessing our cookies. We may employ web beacons to facilitate Website administration and navigation, to track the actions of users of the Website, to compile aggregate statistics about Website usage and response rates, and to provide an enhanced online experience for visitors to the Website. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF, and tracker GIF.

WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?

Essential These are Cookies which are essential for the running of the Website. Without these Cookies, parts of the Website would not function. These Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

Examples of how we may use essential Cookies include:

Setting unique identifiers for each unique visitor, so that website numbers can be analyzed.

Functional These Cookies are used to remember your preferences on the Website and to provide enhanced, more personal features. The information collected by these Cookies is usually anonymized, so we cannot identify you personally. Functional Cookies do not track your internet usage or gather information which could be used for selling advertising.

Examples of how we may use functional Cookies include:

Gathering data about visits to the Website, including numbers of visitors and visits, length of time spent on the Website, pages clicked on, or where visitors have come from.
Eliminating the need for returning users to re-enter their login details.

Analytical Performance Analytical performance Cookies are used to monitor the performance of the Website, for example, to determine the number of page views and the number of unique users our Website has. We use this information to improve user experience or identify areas of the Website which may require maintenance. The information is anonymous (i.e. it cannot be used to identify you and does not contain personal information such as your name and email address) and it is only used for statistical purposes.

Examples of how we may use analytical Cookies include:

Measuring users’ behavior
Analyze which pages are viewed and how long for and which links are followed to better develop the Website

Advertising Behavioral advertising Cookies, which may be placed on your device by us or our trusted third-party service providers, remember that you have visited a website and use that information to provide you with advertising which is tailored to your interests. This is often called online behavioral advertising and is done by grouping together shared interests based upon web browsing history. Your web browsing history can be used to infer things about you (e.g. your age, gender etc.), and this information may also be used to make advertising on websites more relevant to you. Although behavioral advertising Cookies can track your activity around the internet, these Cookies cannot identify you personally.

Examples of how we may use advertising Cookies include:

Manage online advertising. The Website may use Cookies together with web beacons to provide advertising to you and to enable us to manage our relationship with those advertisers by, for example, tracking how many unique users have seen a particular advertisement or followed a link in an advertisement.

Third-Party Cookies You may notice on some pages of the Website that Cookies have been set that are not related to us. When you visit a page with content embedded from, for example, YouTube or Facebook, these third-party service providers may set their own Cookies on your device. We do not control the use of these third-party Cookies and cannot access them due to the way that Cookies work, as Cookies can only be accessed by the party who originally set them. Please check the third-party websites for more information about these Cookies.

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

HOW CAN YOU MANAGE OR OPT-OUT OF COOKIES?

Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control Cookies. In some cases, you can choose to accept Cookies from the primary site, but block them from third parties. In others, you can block Cookies from specific advertisers, or clear out all Cookies. Deleting or blocking Cookies may reduce functionality of the Website. To learn more about how to reject Cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted Cookies, you should contact the supplier of your web browser.

Opting out of Analytical Performance Cookies If you would like to opt out of Analytics Cookies, please do so by clicking on this Google Analytics link.

Opting out of Behavioral Advertising Cookies If you would like more information about how to opt out of interest-based advertising in desktop and mobile browsers on a particular device, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#. You may download the AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

Advertising

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

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

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

How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:

To respond to any questions, complaints or claims made by you or on your behalf;
To show that we treated you fairly;
To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this Privacy Policy. Different retention periods apply for different types of personal information.

When it is no longer necessary to retain your personal information, we will delete or anonymize it.

Rights Related to Your Personal Information

Under laws in certain countries in which we operate, customers and other visitors to our Website from those countries have a right to access Personal Data about themselves and to amend, correct, or delete Personal Data that is inaccurate, incomplete, or outdated. We will, upon request, provide you with confirmation regarding whether we are processing Personal Data about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Data that is found to be inaccurate, incomplete, or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Data that you request.

Please note that while any amendments, corrections, or deletions will be reflected in active user databases (as updated with a reasonable period of time), we may retain all Personal Data for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, that if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

We may retain your Personal Data to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

OPT-OUT

If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. You may "opt out" of receiving future commercial email communications from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications. You may also notify us at courtney@contrairestudio.com to be removed from our mailing list.

ACCESS

You may request access to the personal information we have about you by submitting a request to courtney@contrairestudio.com.

AMEND

You may contact us at courtney@contrairestudio.com to amend or update your personal information.

FORGET

In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to courtney@contrairestudio.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

Sensitive Personal Information

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

Children's Information

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

Arbitration

This Privacy Policy will be governed and construed in accordance with the laws of the State of Massachusetts. Any controversy or claim arising out of or relating to the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Middlesex County, Massachusetts. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

Links to Other Websites

This Privacy Policy applies only to the Website. The Website may contain links to other websites not operated or controlled by Company (the "Third-Party Sites"). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Website do not imply that Company endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Other Terms & Conditions

Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with Company. Please refer to those agreements as needed.

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

Changes to Company's Privacy Policy The Website may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and will notify you by email in advance of any changes, provided Website has your email address. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contact Information

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

Last updated: September 2023.

Terms of Use

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.

The following terms ("Terms of Use") constitute an agreement between Courtney Schwabe LLC DBA Contraire® ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the "Website"), located at http://contrairestudio.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Massachusetts, United States.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend, or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.

GENERAL DISCLAIMER

Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

BUSINESS COACHING & CONSULTING DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

Republication of content from the Website, unless content is specifically and expressly made available for republication;
Sale, rental, or sub-license of any content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on the Website, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Company's express written permission.

INTELLECTUAL PROPERTY

All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed on the Website constitute Company's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company's express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party's ownership of Company IP.

"Contraire" is a trademark of Company and is protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Courtney Schwabe LLC DBA Contraire®, http://contrairestudio.com/, or the experts featured on the Website.

From time to time, the Website will legally utilize trademarks owned by third parties related to Company's services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, Company, and Company’s sublicensees.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

harassment directed toward any content creator or Company;
spam;
hate speech;
defamatory to Company or any third party;
reference illegal acts; or,
violate the legal rights of a third party.

Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to courtney@contrairestudio.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.

Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

CHILDREN'S INFORMATION

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

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the state of Massachusetts without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Middlesex County, Massachusetts. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

The Terms of Use may not be assigned by you without Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.

The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company.

All notices with respect to the Terms of Use must be in writing and may be via email to courtney@contrairestudio.com for Company and to your email address.

Last updated: September 2023.