TERMS OF USE & PRIVACY POLICY

TERMS OF USE

Last revised: April 24, 2023

Prana Media LLC, a Georgia limited liability company d.b.a Retirement Adventure Club, and its parents, subsidiaries, and affiliates (collectively “Club”, “We”, or “Us”), require that all visitors and users of any online, mobile, or downloadable content, product, functionality, or service accessible through Club membership, any Club website, including, but not limited to https://www.retirementadventureclub.com, or any third-party service accessible from a Club webpage, including, but not limited to Mighty Networks, Right Capital, etc., controlled by or offered through the Club (collectively, “Club Services”) adhere to the following terms and conditions of use. These Terms of Use, Community Guidelines, and Privacy Policy (collectively, the “Terms”) govern your access and use of Club Services. Please read these terms carefully and contact us if you have any questions. By accessing our using Club Services, you agree to be bound by these Terms.

  

1. ACCEPTANCE OF TERMS

These Terms of Use are a binding agreement between you and the Club. These Terms govern your access to and use of the Club Services, whether as a guest or a registered user. Please read these Terms carefully and in their entirety. When you access the Club, you accept and agree to be bound and abide by these Terms, and your access or use shall be deemed to be your agreement to abide by these terms. If you do not agree to be bound by these terms, do not access or use the Club.

2. CHANGES TO THE TERMS

  

We may revise, update, or otherwise change these Terms at any time by notifying you or posting updated Terms in the Club Services or on Club’s website. All changes are effective immediately when posted and apply to all access and use of the Club Services thereafter. We may send registered users an email notice of the revised terms, but such notice is for your convenience only and shall not be required for the effectiveness of the changes. If any change is unacceptable to you, your only remedy is to stop using the Club Services. If you do not cease using the Club Services, you will be conclusively deemed to have accepted the changes. Any revised versions of these Terms shall supersede all previous versions.

  

3. ACCESSING THE CLUB SERVICES AND ACCOUNT SECURITY

 

Subject to these Terms, the Club grants you a limited, non-exclusive, and non-transferable, and non-sublicensable revocable limited license to access and use the Club Services strictly in accordance with these Terms. This license permits you to access the Club Services for your personal, non-commercial use. You acknowledge and agree that the Club Services are provided under license, and not sold, to you. The Club, along with its customers, partners, licensors, and Club Services providers reserve and shall retain their entire right, title, and interest in and to the Club Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

We reserve the right to withdraw or amend the Club Services, and any service or material we provide through the Club Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Club Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Club Services, or the entire Club Services, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Club Services, and for ensuring that all persons who access the Club Services through your account are aware of these Terms and comply with them.

To access the Club Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Club Services that all the information you provide on Club Services is correct, current, and complete. All information we collect through the Club Services is governed by and subject to our Privacy Policy.

A Club Services account may be created with a username, password, or any other piece of information (collectively “Login Information”), or a Club Services account may be created through a third-party social network or service (such as Facebook or Google) with whom you maintain an account (a “Third Party Service”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Club Services or portions of it using your username, password, or other security information. As part of these Terms, you agree not to:

(i) Share your account credentials with any third party,

(ii) Sell, rent, or otherwise transfer your account,

(iii) Sell, rent, or otherwise transfer any Club Services content, and

(iv) Solicit or attempt to sell, rent, or otherwise transfer your account or any Club Services content.

You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including purchases or charges, whether or not authorized by you. The Club will not be responsible for anything that happens resulting from any third party accessing your Login Information and/or Club Services account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by a Third Party Service, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. USE AND RESTRICTIONS

The Club Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use the Club Services unless your parent or legal guardian has reviewed and agreed to these Terms of Use. By using the Club Services, you represent and warrant that you are of legal age to form a binding contract with the Club.

The Club Services are for your personal, non-commercial use. Use of the Club Services is solely at the Club’s discretion, and the Club reserves the right to prohibit anyone from accessing, downloading, or otherwise using the Club Services. You are not granted any rights in or to the Club Services and its contents, other than the limited right to use the Club Services according to these Terms and the policies and procedures that the Club may adopt and make available from time to time.

You agree to comply with all applicable laws and regulations regarding your access to and use of the Club Services. You agree not to use the Club Services:

a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;

d) To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

e) To impersonate or attempt to impersonate the Club, a Club owner or employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Club Services, or which, as determined by us, may harm the Club or users of the Club Services, or expose them to liability.

Additionally, you agree not to use the Club Services in any way that:

(i) Is fraudulent or deceptive;

(ii) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights);

(iii) Uses technology or other means not authorized by the Club;

(iv) Introduces or attempts to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or any other computer code, files, or programs that may harm, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;

(v) Gains or attempts to gain unauthorized access to Club systems or user accounts or to interfere with, damage, or disrupt any parts of the Club Services, the server on which the Club Services are stored, or any server, computer, or database connected to the Club Services, including attempts to overburden the Club’s servers or networks;

(vi) Encourages or constitutes conduct that could give rise to a criminal offense or civil liability;

(vii) Attacks the Club Services via a denial-of-service attack or a distributed denial-of-service attack; 

(viii) Fails to comply with applicable third-party terms (e.g., wireless carrier terms of service); 

(ix) Uses any manual process, or any robot, spider, or other automatic device, process, or means to access the Club Services for any purpose, including monitoring or copying any of the material on the Club Services; 

(x) Uses any device, software, or routine that interferes with the proper working of the Club Services; or

(xi) Otherwise attempts to interfere with the proper working of the Club Services. The Club reserves the right to bring legal action against you if you engage in use that violates these Terms.

Except as expressly permitted by these Terms, you shall not:

a) Copy the Club Services;

  

b)  Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Club Services;

  

c)  Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Club Services or any part thereof;

  

d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Club Services, including any copy thereof;

  

e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Club Services, or any features or functionality of the Club Services, to any third party for any reason, including by making the Club Services available on a network where it is capable of being accessed by more than one device at any time; or

  

f) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Club Services.

5. USER CONTRIBUTIONS AND CONTENT

The Club Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to upload, post, submit, publish, display, or transmit to other users, or to other persons, information, materials, stories, comments, experiences, photographs, reviews, videos, designs, images, drawings, graphics, artwork, Likeness Materials (as defined below), or other content (collectively, “User Content”) on or through publicly available portions of the Club Services. It is completely optional whether or not you choose to upload such User Content, and you choose the nature and kind of the User Content that you upload.

All User Content must comply with the Content Standards set out in these Terms. You are solely responsible for your User Content and the consequences of submitting and publishing your User Content via the Club Services. You understand and agree that you are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Content. We are not responsible for or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Club Services.

  

Any User Content you post to the Club Services will be considered non-confidential and non-proprietary. We strongly discourage you from including any identifying information (such your name or address) in your User Content, and you expressly agree not to provide any sensitive or personal information about you or anyone else via your User Content. You represent and warrant that:

a)    You own or control all rights in and to your User Content and have the right to grant the licenses described herein to the Club, its partners, affiliates, and service providers, and each of their and our respective affiliates, partners, licensees, successors, and assigns; 

  

b)    All of your User Content does and will comply with these Terms;

  

c)     None of your User Content will infringe upon, misappropriate, or otherwise violate any person’s rights, including any intellectual property, privacy, or publicity rights.

To the extent that you choose to include the name, story, image, likeness, voice, and other personal characteristics, biographical, or professional information of yourself or anyone else, and any other content or materials that contain or incorporate any of the foregoing (“Likeness Materials”) in your User Content, you expressly consent to the use of such Likeness Materials as set forth herein, and you represent and warrant that you have obtained the written consent, release, or permission of every identifiable individual who appears in User Content to use such individual’s Likeness Materials in any manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you represent and warrant that you have obtained such written consent, release, or permission from such individual’s parent or guardian. You agree to provide to us a copy of any such consents, releases, or permissions upon our request.

You retain ownership of your User Content and hereby grant to the Club and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, via the Club Services, for the purposes of providing the Club Services and its related services, products, and content to you, the Club, and other Club Services users. You also grant to the other users of the Club Services a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute, and publicly display such User Content subject to these Terms. You grant to the Club the right to identify you as the author of your User Content by name, email address, screen name, likeness, or other identifying information.

To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, damages, and expenses (including, but not limited to, copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of privacy, violation of rights of publicity, or any similar claim or cause of action in any other legal theory (collectively, “Content Claims”) arising directly or indirectly from the exploitation or other use of your User Content pursuant to these Terms, and you covenant not to make or bring any such Content Claims against any authorized persons, and forever release and discharge the authorized persons from liability under such Content Claims.

You represent and warrant to the Club that you have full right, power, and authority to agree to the terms of this section and to grant the rights hereunder.

6. TERM AND TERMINATION

These Terms commence when you download, install, access, or otherwise use the Club Services and will continue in effect until terminated by you or the Club as set forth in this Section. You may terminate these Terms by discontinuing your use of the Club Services and deleting all versions of the Club Services and its content that you may have downloaded. The Club may terminate these Terms at any time without notice, which the Club may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. You may terminate these Terms at any time, for any reason or no reason, by terminating your account. Upon termination, all rights granted to you under these Terms will also terminate; and you must cease all use of the Club Services. Termination will not limit any of the Club’s rights or remedies at law or in equity.

  

7. MONITORING AND ENFORCEMENT

  

You agree that we have the right, but not the obligation, to:

  

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

  

• Filter any User Content (including, deleting, or replacing expletives or other harmful or offensive language).

  

• Refuse to use any User Content.

  

• Disclose any User Content pursuant to these Terms.

  

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  

• Terminate or suspend your access to all or part of the Club Services for any or no reason, including without limitation, any violation of these Terms.

  

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms (including the Content Standards herein), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Club Services or the public, or could create liability for the Club. Such action may include appropriate legal action or referral to law enforcement for any illegal or unauthorized use of the Club Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Club Services. You expressly waive and hold harmless the Club, its affiliates, licensees, organizations, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

You understand and agree that the Club does not control and is not responsible for any content made available through the Club Services by you or other users or third parties. We cannot and do not undertake to review material before it is posted on the Club Services, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

 

8. CONTENT STANDARDS

User Content must comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

•       Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  

•       Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  

•       Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  

•       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

  

•       Be likely to deceive any person.

  

•       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  

•       Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  

•       Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  

•       Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

  

•       Otherwise conflict with, or be in violation of, the terms and conditions of these Terms.

In furtherance of the foregoing, you represent and warrant that you shall not submit, upload, or otherwise make available via the Club Services, any User Content or materials that:

a)    You do not have the rights necessary to use, transmit, publish, or to grant the Club the license as described herein;

  

b)    Are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, promote any illegal activity, or advocate, promote, or assist any unlawful act, or are otherwise objectionable as determined by the Club;

  

c)     Are deceptive, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, impersonate another person, or misrepresent your identity or affiliation with any person or entity;

  

d)    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  

e)    Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

  

f)     Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, or that otherwise may be in conflict with these Terms;

  

g)    Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; or

  

h)    Contain Likeness Materials of people who have not given permission for their such Likeness Materials to be used in conjunction with any Club Services.

  

9. INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users of the Club Services. The Club reserves the right, but has no obligation, to become involved with any disputes between users concerning use of the Club Services. If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release the Club, its officers, directors, agents, subsidiaries, affiliates, employees, contractors, suppliers, licensors, and service providers from any and all claims, demands, or damages (actual, special, consequential, and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

California Civil Code Section 1542 states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." By accessing the Club Services, any users residing in California waive California Civil Code Section 1542.

If you live outside the state of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

  

10. COPYRIGHT POLICY: REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

  

The Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured in the Club Services or has been otherwise copied and made available in the Club Services in a manner that constitutes copyright infringement, please notify us immediately. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Club Services infringe your copyright, you may request removal of those materials (or access to them) from the Club Services by submitting written notification to the address provided at the end of these Terms. In accordance with the DMCA, the written notice (“DMCA Notice”) must include substantially the following:

  

•       Your physical or electronic signature.

  

•       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Club Services, a representative list of such works.

  

•       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  

•       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  

•       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  

•       A statement that the information in the written notice is accurate.

  

•       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and shall not be considered sufficient notice to confer actual knowledge upon the Club of the facts or circumstances of such allegedly infringing material or acts.

We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  

11. COPYRIGHT POLICY: COUNTER NOTIFICATION PROCEDURES

If you believe that material you posted in the Club Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to the address provided at the end of these Terms. Pursuant to the DMCA, the Counter Notice must include substantially the following:

•       Your physical or electronic signature.

  

•       An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

  

•       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  

•       A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  

•       A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Club Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Club with the complaint at issue.

  

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

  

12. COPYRIGHT REPEAT INFRINGERS

  

Please be aware that if you knowingly materially misrepresent that material or activity in the Club Services is infringing your copyright, or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

  

13. INFORMATION AND CONTENT POSTED

The content and information presented on or through the Club Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Club Services’ content and information. The Club is not a registered investment advisory firm, a tax advisory service, or a law firm. The Club, its affiliates, subsidiaries, agents, owners, employees, licensors, and service providers do not offer any investment, financial planning, tax, or legal advice through the Club Services. No fiduciary obligation or duty exists, or is created, between you and the Club, its affiliates, subsidiaries, agents, owners, employees, licensors, or service providers. Use of any information or content found in the Club Services is at the user’s own risk. Users are strongly advised to consult with qualified professional regarding any investment, financial planning, tax, or legal decisions. The Club Services may display, include, or make available the Clubs’ or other third-party content (including data, information, platforms, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising. You acknowledge and agree that the Club is not responsible for third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-party materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements or opinions expressed in third-party materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Club.

  

The Club does not assume and will not have any liability or responsibility to you or any other person or entity for any Club Services materials. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Club Services, or by anyone who may be informed of any of its contents. Your use of, or reliance on, any information contained in any Club Services content is at your own risk. Under no circumstances will the Club be liable for any User Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content.

We do not recommend or endorse any specific investments, experts, opinions, products, or other information that may appear on the Club Services or on links available through the Club Services. We have no control over any resource or treatment described on the Club Services, and we cannot guarantee the accuracy of information about any resource or treatment described on the Club Services. We are not liable or responsible for cancelled or unavailable resources, for your inability to participate in a resource, or for any consequences arising out of, resulting from, or otherwise in connection with your participation or failure to participate in a resource provided on or through the Club Services.

  

14. INTELLECTUAL PROPERTY RIGHTS

The Club Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Club, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available in the Club Services, except in compliance with the terms and conditions of these Terms. Without limiting the foregoing:

•       You may download a single copy of any checklist, flowchart, guideline, or spreadsheet created for the benefit of the users of the Club Services to your computer or mobile device solely for your own personal, non-commercial use.

  

•       If we provide social media features with certain content, you may take such actions as are enabled by such features.

You shall not: 

a)    Modify copies of any materials from the Club Services;

  

b)    Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

  

c)     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Club Services;

  

d)    Access or use for any commercial purposes any part of the Club Services or any services or materials available through the Club Services.

 

If you wish to make any use of material contained in the Club Services other than that set out in this Section, please address your request to the email address provided at the end of these Terms.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Club Services in breach of the Terms, your right to use the Club Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Club Services or any content on the Club Services is transferred to you, and all rights not expressly granted are reserved by the Club. Any use of the Club Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  

15. TRADEMARKS

 

All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Club Services are expressly reserved by the Club and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Club Services. The Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Club or the applicable rights holder.

 

  

16. INFORMATION ABOUT YOU AND YOUR USE OF THE CLUB SERVICES

You agree that all information you provide to register with the Club Services or otherwise, including, but not limited to, through the use of any interactive features in the Club Services, and all information that we collect on or through the Club Services, is governed by and subject to our Privacy Policy. You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  

17. DISSATISFACTION

If you are unsatisfied with the Club Services, your sole remedy is stop accessing and using the Club Services. If you nonetheless access or use the Club Services your use of, or access to, the service will be subject to the version of the Terms then in effect as to all current users.

  

18. LINKING TO THE CLUB SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Club Services may provide certain social media features that enable you to:

•       Link from your own or certain third-party websites to certain content on the Club Services.

  

•       Send emails or other communications with certain content, or links to certain content, on the Club Services.

  

•       Cause limited portions of content on the Club Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

•       Cause the Club Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  

•       Link to any part of the Club Services.

  

•       Otherwise take any action with respect to the materials on the Club Services that is inconsistent with any other provision of these Terms.

 

If you post links to any third-party website, or on any website through which you make certain content accessible, through the community features of the Club Services, such links and website content must comply in all respects with the Content Standards and other terms and conditions set out in these Terms.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

  

19. LINKS FROM THE CLUB SERVICES

If the Club Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Club Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  

20. GEOGRAPHIC RESTRICTIONS

We provide the Club Services for use only by persons located in the United States. We make no claims that the Club Services or any of its content is accessible or appropriate outside of the United States. Access to the Club Services may not be legal by certain persons or in certain countries. If you access the Club Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  

21. DISCLAIMER OF WARRANTIES

  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Club Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

  

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CLUB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLUB SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY CLUB SERVICES LINKED TO IT.

YOUR USE OF THE CLUB SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLUB SERVICES IS AT YOUR OWN RISK. THE CLUB SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLUB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE CLUB SERVICES, INCLUDING ANY AND ALL INVESTMENT OUTCOMES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE CLUB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CLUB SERVICES, OR RESULTS OF USE THEREOF, WILL MEET YOUR ANY OTHER PERSON’S REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, BROWSERS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE, RELIABILITY, OR INDUSTRY STANDARDS OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NEITHER THE CLUB NOR ANY PERSON ASSOCIATED WITH THE CLUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CLUB SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE CLUB NOR ANYONE ASSOCIATED WITH THE CLUB REPRESENTS OR WARRANTS THAT THE CLUB SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLUB SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CLUB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLUB SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU HEREBY IRREVOCABLY WAIVES ANY AND ALL CLAIMS BASED ON OR RELATED TO THE FOREGOING.

 

22. LIMITATION OF LIABILITY

CLUB SERVICES ARE PROVIDED “AS IS”, AND USE OF THE CLUB SERVICES IS AT YOUR SOLE RISK. THE CLUB IS NOT A REGISTERED INVESTMENT ADVISORY FIRM, A TAX ADVISORY SERVICE, OR A LAW FIRM. THE CLUB, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OWNERS, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS DO NOT OFFER ANY INVESTMENT, FINANCIAL PLANNING, TAX, OR LEGAL ADVICE THROUGH THE CLUB SERVICES. NO FIDUCIARY OBLIGATION OR DUTY EXISTS, OR IS CREATED, BETWEEN YOU AND THE CLUB, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OWNERS, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS. USE OF ANY INFORMATION OR CONTENT FOUND IN THE CLUB SERVICES IS AT THE USER’S OWN RISK. USERS ARE STRONGLY ADVISED TO CONSULT WITH A QUALIFIED PROFESSIONAL REGARDING ANY INVESTMENT, FINANCIAL PLANNING, TAX, OR LEGAL DECISIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CLUB, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR:

  

I.         ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE CLUB SERVICES, INCLUDING ANY FINANCIAL LOSS THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; 

  

II.         LOST REVENUES OR PROFITS; 

  

III.         DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, REPUTATION, OR GOODWILL; 

  

IV.         LOSS OR CORRUPTION OF DATA; 

  

V.         LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; 

  

VI.         FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; 

  

VII.         FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; 

  

VIII.         SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; 

  

IX.         BREACHES IN SYSTEM SECURITY; 

  

X.         ANY ERRORS OR OMISSIONS IN THE SERVICES; 

  

XI.         YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR 

  

XII.         ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE CLUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  

IN NO EVENT WILL THE CLUB’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED $500. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL APPLY EVEN IF LICENSEE’S REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

  

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE CLUB SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

23. INDEMNIFICATION

  

You agree to defend, indemnify, and hold harmless the Club, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  

a)     Your violation of these Terms, any other agreement you have entered into with the Club, and any representation or warranty contained herein or therein; 

  

b)    Your use of the Club Services, including, but not limited to, your use of information obtained from the Club Services, your connection to the Club Services, your use of any third party services or content through the Club Services, and any activity related to access or use of your account by you or any other person; 

  

c)     Your User Content; 

  

d)    Your violation of any third party right, including without limitation any intellectual property or privacy rights; or

  

e)     Your violation of applicable law.

The Club reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Club in asserting any available defenses, and you will reimburse the Club for all costs incurred in its assumption of the defense.

24. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and the Club. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to Club Services provided or billed to you (such as our affiliates, licensors, and service providers) whenever you also assert claims against the Club in the same proceeding.

This provision provides that all disputes between you and the Club will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND THE CLUB AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

  

For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by sending an emailing to the email address provided at the end of these Terms the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.

 

Arbitration Procedures

 

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Club Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either Georgia or the U.S federal judicial district where you are located.

Class Action Waiver

  

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless both you and the Club specifically agree to do so following initiation of the arbitration.

 

Other

You understand and agree that by accepting this provision in these Terms, you and the Club are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of the Club Services.

25. GOVERNING LAW AND JURISDICTION

All matters relating to the Club Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Club Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  

26. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

27. WAIVER AND SEVERABILITY

No waiver by the Club of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Club to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

28. ENTIRE AGREEMENT

These Terms and the documents referenced herein constitute the sole and entire agreement between you and the Club regarding the Club Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Club Services.

29. COMMENTS AND CONCERNS

For comments, questions, or concerns, please contact the Club at:

Patrick King

Prana Media LLC

625 Timm Valley Rd. NE

Atlanta, GA 30305

[email protected]

__________________________________________________________________________________________________________________

PRIVACY POLICY  

Last revised: April 21, 2023

This Privacy Policy (“Policy”) applies to Prana Media LLC, a Georgia limited liability company, d.b.a. Retirement Adventure Club (“Club,” “we,” “us,” or “our”) websites and applications (collectively, “Club Services”) and governs data collection and usage. For the purposes of this Policy, unless otherwise noted, all references to the Club include the Club Services. This Policy does not apply to any website, application, content, service, or third party that may link to or be accessible through the Club Services that Club does not own or control. Please read this Policy carefully. By accessing, reviewing, downloading, installing, or using the Club Services, you indicate that you have read, understood, and agree to this Policy. If you do not want to agree to this Policy, then you must not access or use the Club Services.

Each time you access the Club Services, you consent to the collection, use, disclosure, and processing of personal information in accordance with this Policy. If you are located in a jurisdiction outside the United States, you consent to the transfer of your personal information to our servers and computer systems anywhere in the world, including to countries that may not provide an equivalent level of data protection to the laws in your home jurisdiction. For users that live in the European Economic Area (EEA), please note that this means that your data may be transferred outside of the EEA. If you provide any personal information that relates to another person, you hereby state and agree that you have obtained proper consent from such person for the collection, use, disclosure, and processing of such personal information as described in this Policy.

Your access to and use of our Club Services is governed by our Terms of Use (“Terms of Use”), as amended from time to time.

We reserve the right to change or amend this Policy at any time. Please see the “Changes to this Policy” section for details. Your continued use of the Club Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Collection and Use of Participant Information

The Club Services actively collect personal information from you when you visit, download, register with, or use the Club Services, when you send an email to the Club Services administrator or otherwise communicate with the Club, and when you request or submit any information to or through the Club Services. We may collect personal information such as your name, contact information, including your email address, postal address, telephone number, user ID, details of any transactions you may carry out through the Club Services, and information related to the fulfillment of your service requests. We also collect other information that you choose to provide, such as records and copies of your correspondence if you contact us, and the User Content that you provide through the Club Services for the purposes of utilizing the Club Services tools and services, connecting with other users on the Club Services’ forums, and communicating with the Club. We may also collect information and data about your internet connection, the equipment you use to access the Club Services, and details about your use of the Club Services, which may include IP addresses, operating system type and version, device identifiers, and other information collected through cookies or other passive means. We may also collect information about your downloads and usage of our Club Services, including how you use and interact with our Club Services, or other products and services you may receive through our tools (including information about frequency, duration, date and time, quantity, quality, and performance information related to logins, clicks, and other use information). We may collect your geolocation, such as where you are located when you are using our Club Services or other data or pieces of information that may identify you individually.

Children Under the Age of 13

The Club Services are not directed to, and Club does not knowingly collect or solicit personal information from, children under the age of 13. If you have any questions or concerns about the information that Club collects, please contact us using the contact information set forth below.

Information in Your User Content

You may provide and upload User Content (as defined in our Terms of Use) to the Club Services through its message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features.

It is completely optional whether or not you choose to upload such User Content, and you choose the nature and kind of the User Content that you upload. We strongly discourage you from including any identifying information (such your name or address) in your User Content. All User Content must comply with the Content Standards set out in the Terms of Use.

When sharing User Content, you are making that User Content publicly available. Anyone using the Club Services may be able to view your User Content. We are not responsible for the User Content that you provide through the Club Services. You may have the option to delete your User Content, but in some cases, we cannot ensure that it can or will be deleted. Copies of your User Content may remain viewable in cached and archived pages, or it might have been copied or stored by other site users. Do not provide any User Content that you do not want to be accessed or used by Club and third parties.

 

To the extent that you choose to include the name, story, image, likeness, voice, and other personal characteristics, biographical, or professional information of yourself or anyone else, and any other content or materials that contain or incorporate any of the foregoing in your User Content, you expressly consent to the use of such materials as set forth in our Terms of Use. Please review our Terms of Use carefully to understand how such materials may be used by us, should you choose to permit such use.

Your Privacy and Links to Other Sites and Resources

Our Policy only applies to information collected by Club. Our Club Services contains links to other third-party sites that are not owned or controlled by Club. Club is not responsible for the privacy practices of such other sites and third parties. We encourage you to review the privacy statements of websites and resources that you choose to visit from Club so that you can understand how those websites collect, use, and share your information. Club is not responsible for the privacy statements or other content on websites outside of those controlled by the Club.

How We Use and Disclose Your Information

 

We may process and use information that we collect about you or that you provide to us:

• To provide our Club Services, including our website, its contents, and the products, services, or      information that you request from us.

  

• To configure and maintain your account.

  

• To create or derive anonymous, aggregate information or data that does not identify you or any other      particular individual.

  

• To develop, operate, maintain, improve, and enhance our services and to train our personnel.

  

• To fulfill the purpose for which you provide it. For example, if you provide your personal information to us for technical or help support, we may use your information in order to contact you and to provide support services.

  

• To carry out our obligations and enforce our rights arising from any contracts between you and the Club, including the Terms of Use.

  

• To protect the Club, our Club Services, and our customers, in the event of breach of contract, fraud, harmful, unauthorized, illegal, or other types of activity.

  

• If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. We may also notify you about products and services that may be of interest to you, or we may contact you about your account, the Club Services, or our policies.

  

• In any other way we may describe when you provide the information, or for any other purpose upon your consent or request.

We may disclose anonymous, aggregate information about you and users of our Club Services without restriction as long as that information does not identify any particular individual. We may disclose personal information that you provide to us or that that we collect from you:

• To our affiliates or other related entities and subsidiaries.

  

• To our contractors, service providers, and other third parties that we use to support our business and who are bound by contractual obligations to protect your information and only use it for limited purposes associated with our Club Services. 

  

• To enforce or apply our Terms of Use and other agreements.

  

• To comply with any court order, law, or legal process, including to respond to any government or      regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Club, our customers, or others. This includes exchanging information with other      companies and organizations for the purposes of fraud protection and credit risk reduction.

  

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Club’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Club from our website users is among the assets transferred.

  

• For any other purpose disclosed by us when you provide the information, or with your consent.

We do not sell, rent, or lease personal information to third parties.

  

When and How We Collect and Maintain Your Information

We collect your information:

• Directly from you, when you provide it to the Club.

  

• Automatically as you access, navigate, or use the Club Services. This information may include traffic data, location data, logs, usage details, IP addresses, browser and device type, and information collected through cookies, web beacons, and other tracking technologies.

  

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

 

A number of methods and technologies for automatically collecting data and information may be used, which may include:

• Cookies (or browser cookies). A “cookie” is a small file placed on the hard drive of your computer. The Club websites may use “cookies” to help you personalize your online experience and perform analysis of the use of the Club websites. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize or register with Club Services sites or services, a cookie helps Club to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same site, the information you previously provided can be retrieved, so you can easily use the Club features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Club Services.

  

• Flash Cookies. Certain features of our Club Services may use local stored objects or “Flash” cookies to collect and store information about your preferences and navigation to, from, and on our Club Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s platform.

  

• Web Beacons. Certain parts of our Club Services may contain small electronic files known as “web beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to track certain types of data, for example, to count users who have visited those websites, and for other related Club Services statistics (for example, recording the traffic data of certain Club Services and verifying system and server integrity).

Additionally, we use certain third-party service providers, including Google Analytics, to assist us by providing analytics information for our Club Services. For more information about Google Analytics’ privacy practices, see here:

https://policies.google.com/technologies/partner-sites

You may opt out of Google Analytics on our website by installing the following browser extension from Google:

https://tools.google.com/dlpage/gaoptout

How Long Do We Keep Your Data?

We may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Club Services and for a reasonable period of time afterward. We also may retain your information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

How Do We Protect Your Data?

We take precautions to protect your information. When you submit information via the Club Services, your information is protected both online and offline. We use appropriate security measures to protect the security of your data both online and offline. These measures vary based on the sensitivity of the information that we collect, process, store, and the current state of technology. Where possible, the Club uses SSL encryption. Please note, though, that no website or internet transmission is completely secure, so while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.

  

• Performance of a Contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.

  

• Legal Obligations: Processing Personal Data is necessary for compliance with a legal obligation to which      the Club is subject.

  

• Vital Interests: Processing Personal Data is necessary in order to protect your vital interests or of      another natural person.

  

• Public Interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Club.

  

• Legitimate Interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Club.

In any case, the Club will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Club undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. You have the right under this Privacy Policy, and by law if you are within the EU, to:

• Request access to your Personal Data. You have the right to access, update or delete the information we have on you. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.

  

• Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.

  

• Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

  

• Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.

  

• Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  

• Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Club Services.

Exercising of Your GDPR Data Protection Rights

You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify Your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

California Residents, CCPA Privacy Rights

This section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California. California residents have certain rights under the California Consumer Privacy Act. To the extent the CCPA/CRPA applies to the Club Services, for the Club to comply with some of these rights, we must be able to reasonably verify a consumer’s identity.

Individual Rights

The CCPA provides California consumers with several individual rights with respect to Personal Information. Note that these rights apply to individual consumers, not to companies. This section describes those rights in detail and provides information on how to exercise those rights.

Exercising Your Rights

To exercise any of the rights described in this section, please contact us by sending an email to the email address provided at the end of this Privacy Policy with:

i.     A complete description of your request, including the specific right(s) you wish to exercise, and

  

ii.     Sufficient information about you so we can confirm that your request is a verifiable customer request, including at a minimum your name and email address. Once we have received your verifiable consumer request, we will respond consistent with applicable law. 

Please note that you may also designate an authorized agent to make a request on your behalf. In order for us to process a request from your authorized agent, we must:

i.     Confirm that the agent is a natural person or business entity registered with the Secretary of State that you have authorized to act on your behalf, 

  

ii.     Receive from you a copy of the written authorization that provides the authorized agent to act on your behalf, and 

  

iii.     Verify your identity by asking you to provide us sufficient information in order to do so.

Your Rights Include:

•       Your Right to Know. You have a right to know what personal information we use, disclose, or sell.

  

•       Access and Data Portability Rights. You have a right to request information about our collection, use, and disclosure of your personal information. We will provide California residents their personal information within 30 days of their request.

  

•       Deletion Rights. You have the right to request that we delete Personal Information about you that we have collected, subject to certain exceptions. 

  

•       The Right to Opt-Out. You have the right to opt out of the sale of your personal information. Were we ever to sell personal information, we would provide information on our opt out process in this Privacy Policy.

  

•       Non-Discrimination Rights. You have the right not to receive discriminatory treatment for the exercise of your rights under the CCPA.

Personal Information Includes:

• Categories of personal information that a business collected about the consumer,

  

• Categories of sources from which the personal information was collected,

  

• Specific pieces of personal information that the business has collected about consumers,

  

• Categories of third parties with whom the business shares personal information, and

  

• The business or commercial purpose of collecting or selling personal information.

Nevada Residents

Nevada passed a new privacy law effective October 1, 2019. This law allows persons to opt out of the sale of certain personal information (called “covered information”) to third parties. This includes information such as name, address, Social Security number, and online service activity. We do not sell this information to third parties so no opt out is required.

If you want to be notified in the event we do change this practice, please send your name and email address to the email address provided at the end of this Privacy Policy. We will contact you if there are any changes and you can opt out at that time. If your email address changes, you will need to send your new email address to us at the email address provided at the end of this Privacy Policy.

We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt out request.

Vermont Residents

In accordance with Vermont law, we will not share information we collect about Vermont residents with companies that are not affiliates, except as permitted by law, such as with your consent or to service your accounts. We will not share information about your creditworthiness with our affiliates without your authorization or consent, but we may share information about our transactions or experiences with you with our affiliates without your consent.

Changes to this Policy

We reserve the right to change this Policy from time to time and in our sole discretion, except where prior notice or consent is required by law, and we regularly review and update this Policy. If we make a material change to our Policy, we will provide notice to you (by email and/or posting on our website) that our privacy practices have changed. By continuing to access or use the Club Services after those changes become effective, you agree to be bound by the revised Policy. We encourage you to periodically review this Policy to be informed of how we are protecting your information. The date this Policy was last revised is at the top of this page.

Contact Us

For comments, questions, or concerns, please contact the Club at:

Patrick King

Prana Media LLC

625 Timm Valley Rd. NE

Atlanta, GA 30305

[email protected]

      

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