Terms and Conditions

Terms and Conditions

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY BEFORE USING OR ACCESSING ANY MATERIALS, INFORMATION, OR SERVICES THROUGH THIS WEBSITE, OUR INTERFACES, AND OUR SOCIAL MEDIA PAGES. THE FOLLOWING TERMS AND CONDITIONS ESTABLISH OUR LEGAL FRAMEWORK FOR USING OUR CONTENT, FEATURES, AND SERVICES.

Our company, GeorgeTom Inc. (“we,” “us,” “our,” “GeorgeTom,” or the “Company”), provides online services, content, and features through: (i) internet domains and websites we own, such as candaceowens.com (“Websites”); and (ii) social media pages (“Social Media”), including, but not limited to, on Meta, Instagram, X, and YouTube. The Websites and Social Media are collectively referred to in these Terms and Conditions as the “Services.” We personalize Content and features based on your experiences with the Services. “Content” includes – but is not limited to – the following: text, images, videos, graphics, logos, audio files, and other material that appear on our Site, as well as any material carrying intellectual property rights such as copyrights, trademarks, patents, trade names, logos, trade secrets, designs, databases, and others.

By registering with candaceowens.com, the Websites, Social Media, or by visiting, browsing, or using the Services, you accept and agree to be bound by these Terms and Conditions, which form a binding contract between you and the Company. If you do not agree to these Terms and Conditions, then you may not access the Services.

NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION AND MASS ARBITRATION WAIVERS. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR MASS ARBITRATION AGAINST THE COMPANY. PLEASE REVIEW THE ARBITRATION CLAUSE BELOW AND CONFIRM IF YOU ARE ELIGIBLE TO OPT OUT OF ARBITRATION. IF YOU ARE ELIGIBLE AND CHOOSE TO OPT OUT, YOU MUST FOLLOW THE INSTRUCTIONS AND PROVIDE NOTICE TO THE COMPANY IMMEDIATELY OR YOU WILL BE BOUND BY THIS VERSION OF THE TERMS AND CONDITIONS.

Eligibility Requirements: To access, use, and create an account with Us, you must confirm that you are at least 16 years of age. If you are the parent or legal guardian of a user under 18 years of age, you are subject to these Terms and Conditions and responsible for that minor’s activity on the Services. To fully access the Services, you must register for a membership or account and enter into a subscription agreement (“Subscription”) for access to certain Content. You must provide true and correct information when you register for a Subscription and keep that information current. Subscriptions, Content, and other Services are all subject to change.

Subscription: The Company will provide information on its then-current membership and subscription fees on its website or by other means.  Features and prices are subject to change.  You can cancel the subscription at any time, without reason, thereby ending your user contract.  To cancel your subscription from our Site, you can email [email protected] to request that your account be deleted and closed.   Please be advised that cancelling your subscription will result in the loss of your access to the content and your account.

User Account: As a user of the Services, you are responsible for all activity related to your account, including without limitation, User Content, and for maintaining the confidentiality of your passwords, login names, or other information associated with your account. “User Content” means any Content you create or generate through the Services. The Company does not make any representations, warranties, or guarantees with respect to the Services, Content, or User Content that you access, create, or delete. Note that you may delete User Content but some of your User Content may remain accessible through the Services.

No Content on our Site is intended to amount to advice on which should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of any Content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether expressed or implied, that the Content on our Site is accurate, complete, or up-to-date. We reserve the right to edit or remove any Content appearing on our Site, at any time, without notice, and in our sole discretion. We do not accept any liability or responsibility whatsoever for any loss or damage caused by or arising from any such editing or removal of Content.

Account and Profile Information: You must use your legal name when accessing the Services and may not use another person’s name, image, likeness, or other identifying information as part of your account or profile. Additionally, you may not use any images that violate the intellectual property rights of another person or entity. The Company reserves the right to remove your profile or suspend account access should you engage in prohibited behavior, including without limitation, bullying, harassment, violations of this Agreement, violations of another’s intellectual property rights, or refusal to cooperate in any investigation regarding the foregoing.

Account Security: You are responsible for all activity that occurs under your account or profile, including any activity by unauthorized users. You may not allow others to use your account or profile, including without limitation, by providing your username and password to third parties such as developers of other applications, software, or technology services. If you become aware of unauthorized access to your account or profile, then you should immediately change your password and notify Company support at: [email protected].

You acknowledge that the Company is the sole owner of all the Content published on our Site. Provided you accept and follow these Terms and Conditions, and the Company permits you access to the Services, the Company will grant you a limited, non- transferable, non-assignable, non-sublicensable, non-exclusive, revocable right and license to access, and use the Services for personal, non-commercial purposes only. This license includes the right to view Content available on the Services on your personal device and computer. Your license is subject to your adherence to the intellectual property clause below, which is part of these Terms and Conditions. Subject to the requirements above, the Company grants you this license until you stop using the Services or the Company terminates your license. You grant the Company the worldwide, irrevocable, sublicensable, transferable, royalty-free right and license to use, copy, modify, create derivative works from, and publish your User Content, including all communications between you and the Company such as reviews, suggestions, statements, or endorsements.

You may not use the Services for any false or fraudulent purpose, including without limitation, using false information during the registration process or on your account or profile, impersonating others, misrepresenting your affiliations, or encouraging others to engage in prohibited behavior. You are also forbidden from using the Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You may not use any device, software, or hack that interferes with, tampers with, or otherwise causes disruption of, the operation of the Services, including without limitation, any action that imposes abnormal demands on the Company’s technology or equipment. You may not use the Services for any commercial, financial, or similar purpose without the prior written consent of the Company. You may not post any User Content that infringes, misappropriates, or violates the Company’s or a third party’s intellectual property rights, including without limitation, trademark, copyright, trade secret, patent, right of publicity, right to privacy, and moral rights. You may not send unsolicited or unauthorized advertising, promotions, emails, text messages, or other solicitations from or to Company accounts. The Company reserves the right, at any time and without advance notice or liability, to terminate your access to the Services.

You agree to be bound by these Terms and Conditions from the date you first use the Services and continue to be bound while you have an account with the Company or use the Services.

The Company may at any time suspend, deactivate, or delete your account or any part of it. The Company may at any time block or remove any User Content that you post, generate, or upload, including without limitation, because such User Content violates the Terms and Conditions or reflects prohibited or objectionable conduct. If the Company determines you engaged in any wrongdoing or your account violates the standards set forth in these Terms and Conditions, then it may block your access to the Services and prevent you from re-registering.

Upon termination of your account, all licenses granted by the Company will terminate, and any rights you have under these Terms and Conditions will terminate. Notwithstanding the foregoing, these sections survive termination: Privacy; Indemnification; Disclaimer of Warranties; Limitation of Liability; Intellectual Property; Representations and Warranties; Arbitration, Class Action Waiver, and Mass Arbitration Waiver; and all necessary general provisions. In the event of account deletion, you may not have further access to User Content, and the Company is not responsible for the deletion or loss of such User Content. The Company, in its sole discretion, may make available a limited amount of Content or features to non-subscribers from time to time, and any use of that Content is similarly governed by these Terms and Conditions.

The Company owns all copyrights in the Services and the Content, which are protected by U.S. and International copyright laws and treaties. Without the express prior written consent of the Company, you may not change, copy, reproduce, republish, redistribute, upload, download, post, transmit, display to others, use to create derivative works, sell, transfer, reverse engineer, disassemble, or otherwise use for public or commercial purposes, the Content or any part of the Services.

Trademarks, logos, and service marks displayed through the Services (“Trademarks”) are the registered or common law marks of the Company. Your use of and access to the Services does not grant you any license or right to use any of the Trademarks. You may not use any technological means such as robots, spiders, data mining tools, plugins, add- ons, or other means to monitor materials, information, and data available through the Services.

Your use of the Services is subject to our Privacy Policy and Supplemental Privacy Notices (if applicable). Those documents are incorporated herein by reference. Your acceptance of these Terms and Conditions indicates your acceptance of the Privacy Policy and Supplemental Privacy Notices (if applicable). Please review the Privacy Policy and Supplemental Privacy Notices to learn what information we may collect about you, how we use that information, and with whom we share or sell that information.

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and representatives, from and against all third-party claims, damages, losses, and costs that arise from or relate to: (i) your use of the Services; (ii) any User Content attributed to you; and (iii) your violation of these Terms and Conditions.

You represent and warrant that (i) you do not reside in a country or area subject to U.S. Government sanctions or prohibitions against engaging with the Services; (ii) you are not associated with any terrorism activities or subject to investigation for violating U.S. national security rules, including without limitation, being named on the Treasury Department’s Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons List or Entity List, or in association with the U.K.’s Terrorist Asset-Freezing Act of 2010; and (iii) you agree to comply with all U.S. or other export or re-export restrictions that may apply to goods, software, technology, and services.

The Websites may contain links to other sites on the Internet. When you access a link that takes you to an unaffiliated website, a “pop-up” screen may appear indicating that you are leaving the Websites. Links to outside sites do not constitute or imply endorsement by the Company of the linked site or any of its materials, and we are not responsible or liable for the information, products, or services on such other sites. Access these sites at your own risk.

THE COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, CONTENT, OR USER CONTENT. THE SERVICES AND CONTENT ARE PROVIDED “AS-IS.” THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF ANY OF THE CONTENT CONNECTED WITH THE SERVICES, AND FURTHER EXPRESSLY DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND THOSE ARISING BY STATUTE OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU. TO THE EXTENT IT DOES, THE COMPANY DISCLAIMS ALL SUCH IMPLIED WARRANTIES.

THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR PHONE OR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY CONTENT; OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE SERVICES OR THE CONTENT FOUND THEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY PART OF THE SERVICES), OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY THE COMPANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL DAMAGES AND INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, FOR CLAIMS RELATED TO BREACH OF CONTRACT, TORTS INCLUDING NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY OVER THE 12 MONTHS PRECEDING THE DATE OF YOUR CLAIM(S).

The Company may send you email, SMS, and telephone communications from time to time. You can unsubscribe from email communications by clicking unsubscribe in the messages or by contacting us at [email protected]. We will process your request as soon as practicable after receipt, in accordance with applicable laws. We will still send you service-related and non-promotional emails or alerts as necessary in the normal operation of our business.

PLEASE CAREFULLY REVIEW THIS SECTION AS IT MAY AFFECT YOUR LEGAL RIGHTS

Binding Arbitration: If you are a U.S. citizen, any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Any arbitration arising out of these Terms and Conditions, or the Services, is subject to the substantive law of the State of Tennessee, except for any conflict of law principles, and shall be governed procedurally by AAA’s Commercial Arbitration Rules.

If you are an international citizen, any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

Class Action Waiver and Mass Arbitration Waiver: YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE, CONSOLIDATED, MULTI-DISTRICT, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR PUBLIC INJUNCTIVE RELIEF PROCEEDING. YOU AND THE COMPANY AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION.

Fees and Costs: For any arbitration proceeding, each party will initially pay its own fees and costs. At the conclusion of such proceeding, the arbitrator may award the prevailing party in any such proceeding its reasonable attorneys’ fees and costs. You may opt out of arbitration by providing us with a signed notice of such opt-out within 30 days of first using the Services.

Exceptions and Opt-Out Options: Notwithstanding the foregoing arbitration provisions, you or the Company may choose to resolve a dispute in small claims court or seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement of misappropriation of our respective intellectual property rights. You may also opt out of arbitration if you provide us with a signed written notice of your decision to opt out; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to that provision to which you previously agreed.

Notification: Before proceeding with any legal action, you must first send a signed notice of dispute to the Company’s legal department with the following information: (i) your name, address, username, telephone number, and email address associated with your account; (ii) a detailed description of the dispute; and (iii) the relief you seek. The Company will have 60 days upon receipt of such notice to attempt to resolve the dispute with you. If the parties are unable to resolve the dispute, then either party may file for arbitration.

Neither party shall be liable for any failure or delay under these Terms and Conditions for causes beyond a party’s reasonable control, including without limitation, acts of nature, government, pandemic, flood, fire, civil unrest, terrorism, labor interruption, computer failure, or pandemic. Any deadline to perform an obligation hereunder shall be extended for the period of the delay due to the force majeure event.

You consent to receiving notices from us electronically. For all notices that you must provide to the Company, except for those concerning support which you can send to [email protected], you must use the following addresses:

Chief Legal Officer
GeorgeTom Inc.
PO Box 158067
1906 Glen Echo Road
Nashville TN 37215

Email: [email protected]

The headings in these Terms and Conditions are for convenience and reference and have no legal effect. If any portion of these Terms and Conditions is found to be void, invalid, or otherwise unenforceable, then that portion shall be severed and, if possible, superseded by a valid, enforceable provision to match the intent of the original provision. The remainder of the Terms and Conditions shall remain valid and enforceable. These Terms and Conditions, together with any items incorporated by reference, constitute the entire agreement between you and the Company relating to your use of the Services and replaces any prior oral or written understandings or agreements.

No failure or delay to enforce a term or exercise any right under the Terms and Conditions will be construed as a waiver. These Terms and Conditions are binding upon and will inure to the benefit of each party and each of their respective successors, heirs, trustees, executors, administrators, representatives, and assigns.

The Company may assign its rights under these Terms and Conditions without providing you with notice.

The Company may modify these Terms and Conditions and will provide notice or post such updated terms on its Website(s). You are bound by the Terms and Conditions, including any updates, for so long as you continue to use the Services, and any such use indicates your acceptance to be bound by these Terms and Conditions.