Terms of Use and Privacy Policy

DISCLAIMER

Exclusivia makes money in a variety of ways including but not limited to membership dues partner revenue sharing, affiliate payments, direct sale of products, image rights, and program sponsorship.

Our members’ trust us to find only the best, and it is not a responsibility we take lightly. This is why when we analyze new partners, products, services, or ideas; our values and interests have to align with our members.

We commonly refer to the products and companies we feature as partners. We are referring to marketing partnerships, and we do not in any way have ownership in their separate businesses. If we do have ownership of a product or company we make sure to state it.

All of the information and descriptions of offerings featured on our website are the opinion of Exclusivia, based upon our own experience and analyzation, as well as the research and materials provided by our marketing partners. We do not guarantee the results for users of products, however; we are strongly vetting the products.

Regarding the use of health-related products or services, Exclusivia does not consist of doctors, is not making medical recommendations for users. While the information we share and promote may be designed to scientifically improve health, each individual must make their own choice in regards to whether these solutions are appropriate for their situation. We would recommend the consultation of your own individual doctor if you are not sure.

Exclusivia was built for our members, and we will continue to make sure our members’ interests come first. Any compensation that is received will not influence the content, information, or offerings on Exclusivia.

PRIVACY POLICY

Last updated: December 12, 2018

Exclusivia LLC. (“Exclusivia,” “we” or “us”) cares about your privacy and the security of your information. Our sole purpose in collecting any information is to improve your experience with Exclusivia and our partners. We want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through this website (the “Site”), HTML-formatted email message that we send to you (“Emails”), our offline contacts and any other services that display this Privacy Policy (“Other Services”) (collectively referenced in this Privacy Policy as the “Services”).

 MODIFICATION OF THESE TERMS

From time to time, we may change the Privacy Policy. When we do, the “Last Updated” line at the top of this page will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of the Site following the posting of changes to the Privacy Policy indicates your acceptance of those changes. Unless we provide you with specific notice, no changes to our Privacy Policy will apply retroactively.

PERSONAL INFORMATION THAT WE COLLECT

When you use our Services by, among other actions, subscribing to our newsletter, browsing our Site or otherwise interacting with our Services, we gather personal information. This information is necessary for delivering you the Services or enhancing your customer experience.

Personal information is information that identifies you as an individual or relates to an identifiable individual. Several types of personal information can be gathered when you interact with the Services. Examples of such personal information include your name, email address, demographic data (such as age, gender and zip code) and interests.

COLLECTION OF PERSONAL INFORMATION

We and our service providers collect personal information in a variety of ways including when you:

  • Use the Services
  • Sign up to receive emails, newsletters or other communications;
  • Push Notifications
  • Participate in surveys, contests, sweepstakes or other promotions offered via the Services;
  • Request customer service or other assistance;
  • Otherwise communicate with us via the Services; or
  • Take a survey offline or participate in an in-person reader interview.

If you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

USE OF PERSONAL INFORMATION

We collect, use or otherwise process personal information as allowed under applicable law, including where based on one or more of the following:

  • The performance of the contract we have with you;
  • The legitimate interests of Exclusivia, a third party or yourself. “Legitimate interest” is a technical term under the regulation. It means that there are good reasons for the processing of your personal information and measures are taken to minimize the impact on your privacy rights and interests. “Legitimate interest” also references our use of your data in ways you would reasonably expect and that have a minimal privacy impact. We have a legitimate interest in collecting and processing personal information, for example: (1) to ensure that our networks and information are secure; (2) to administer and generally conduct business within Exclusivia; and (3) to prevent fraud;
  • The compliance of a legal obligation to which we are subject; or
  • The consent you provide to us at the point of collection of your personal information.

We use personal information to:

  • Provide you with content and services that you request;
  • Communicate with you about changes to our policies;
  • Send you newsletters and emails;
  • Provide you with advertising, including advertising based on your activity on our Services or activity on third-party sites and applications;
  • Administer contests, sweepstakes, promotions, and surveys;
  • Optimize or improve our products, services and operations;
  • Detect, investigate, and prevent activities that may violate our policies or be illegal;
  • Communicate with you about your account, respond to your inquiries and send you information about features and enhancements of the Services; and
  • Perform statistical, demographic, and marketing analyses of users of the Services.

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose.

DISCLOSURE OF PERSONAL INFORMATION

We will only disclose your personal information collected via the Services to other companies as described in this Privacy Policy.

We may disclose personal information collected from you to our parent companies, subsidiaries and affiliates.

We provide personal information collected from you to companies that provide support services to us or perform functions on our behalf, such as marketing, analytics, and providing customer service. These companies may need personal information in order to perform their functions.

We may provide personal information collected from you to companies that sponsor sweepstakes, contests and similar promotion on our Services. We will let you know at the point of collection of your personal information if we do.

We may disclose personal information collected from you if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process; (b) protect and defend the our rights or property, the Services or our users, and (c) act under emergency circumstances to protect the personal safety of any of our employees, agents or contractors, or those of any of our parent companies, affiliates or subsidiaries, any users of the Services or the public.

We will disclose or transfer personal information to a third party in the events of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisers.

We may disclose personal information to third parties to help us determine how people use parts of the services so we can improve our Services and develop new product offerings. We may provide personal information about how our users collectively use the Services in aggregated form to our service providers and other third parties.

By using the Services, you may elect to disclose personal information:

  • On comments sections, contact forms and other services to which you are able to post information and content (including, without limitation, our Social Media Pages).
  • Through your social sharing activity. When you connect your Services account with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

Please remember that any information you share in public areas, such as comment sections or forums, or that you otherwise post, display or disseminate in an area that is viewable by other users of the Services, becomes public. Please be careful about what you disclose and do not disclose any Personal Information that you expect to keep private.

OTHER INFORMATION

Other information is any information that does not specifically identify you and is collected through technology includes tracking information collected by us as well as third parties. Other information includes:

  • Information about your computer, mobile device, or other device that you use to access the Services such as your device type and brand, operating system, unique device identifiers, browser type, browser client ID, browser language, Internet Service Provider;
  • Usage information about your use of our Services, such as a reading history of the pages you view;
  • Additional “traffic data” such as time of access, visitor ID, traffic channel, traffic source, traffic medium, campaign name, date of access, software crash reports, session identification number, access times, and referring website addresses;
  • Search terms and search results;
  • Location data such as your IP address, geolocation information (longitude and latitude);
  • Demographic information and other information provided by you that does not reveal your specific identity; and
  • Other information that has been aggregated in a manner such that it no longer reveals your specific identity.

COLLECTION OF OTHER INFORMATION

We and our service providers may collect other information in a variety of ways, including:

Through your browser or device

Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and the name and version of the Services you are using. We use this information to ensure that the Services function properly.

Using cookies, pixel tags and other similar technologies

Like many websites, our Services may use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages and that record your preferences and actions. We use cookies to track use of our Services. We may also use cookies to monitor traffic, improve the Services and make it easier and/or relevant for your use.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you delete your cookies or if you set your web browser to decline cookies, some features of the Services may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Pixel tags (also known as web beacons and clear GIFs) are used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.

We may also use web beacons. A web beacon (also known as an “action tag”, “tracer tag” or “single-pixel gif”) is an invisible graphic on a web page that is programmed to collect information about your use of a given website and deliver cookies.

IP address

As noted above, we collect and store your device’s source IP address. Your IP address is automatically assigned to your computer by your internet service provider. An IP address discloses the general location (i.e. city, state, country and continent) of your device at the time you access the Services. We may use your device’s IP address to:

  • Personalize offers and promotions for our Services and special events;
  • Personalize the advertising that you receive;
  • Optimize our products, services and operations;
  • Detect, investigate, and prevent activities that may violate our policies or be illegal
  • Identify the country where you are located so that we can assess our legal obligations; and
  • Perform statistical, demographic, and marketing analyses of users of the Site.

USES AND DISCLOSURES OF OTHER INFORMATION

We may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine other information with personal information. If we do, we will treat the combined information as personal information as long as it is combined.

SENSITIVE INFORMATION

Unless we specifically request it (for example, in connection with a particular survey), we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us. Any requested information that includes sensitive information about health, political opinions, ethnicity, race, religion, sex life or sexual orientation can be left unanswered.

INFORMATION SECURITY

We use reasonable efforts to safeguard personal information. However, no data storage system or transmission method can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information (including personal information) that we obtain. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section above.

If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by contacting us at the information listed above.

Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

RETENTION PERIOD

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you participate to a promotion with us or keep using the Services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

THIRD PARTY ADVERTISING

We may work with third-party advertising companies that may utilize web beacons, cookies, pixel tags, or other similar technologies to better provide advertisements about goods and services that may be of interest to you when you access and use the Services and other websites or online services. These companies do not have access to your name, address, e-mail address, telephone number or other Personal Information from us. They may, however, anonymously track your internet usage across other websites in their networks beyond the Services. To learn more about the use of this information please contact us via the website.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our Social Media Pages.

USE OF SERVICES BY CHILDREN

The Services is not directed to children and we do not knowingly collect or store any personal information from children except as permitted by applicable law.

If you are a resident of California, USA, under 18 years old and a registered user of the NYT Services, please see above “How do I access, change or update my personal information?”

YOUR CALIFORNIA PRIVACY RIGHTS

Under the California “Shine The Light” law, California residents may opt out of our disclosure of personal information to third parties for their direct marketing purposes. As detailed above, you may choose to opt out of the sharing of your personal information with third parties for marketing purposes at any time by submitting a request in writing to by emailing us.

 INTERNATIONAL TRANSFERS

Exclusivia LLC is headquartered in the United States. The information you provide to us or that we obtain as a result of your use of the Services is collected in your country and subsequently transferred to the United States or to another country where we have facilities or our affiliates operate or in which we engage service providers.

Some countries that are not located in the European Economic Area (EEA) are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, including by ensuring that the recipient is bound by EU Standard Contractual Clauses, to protect your personal data.  To obtain a copy of these measures click here.

In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EEA

If you are located in the EEA, you also may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Additional Terms of Use

TERMS OF SERVICE AND MEMBERSHIP AGREEMENT

License and Site Access.

Exclusivia grants you a limited license to access and use the Exclusivia’s site, application, and other benefits included in membership.   In order to retain your use of the site, you must comply with the rules set forth by Exclusivia.  From time to time these rules may be updated, Exclusivia reserves that right to make changes and expects our members to continue to comply with any changes and uphold the high standard of respect and integrity set forth by our members.

Questions regarding access can be directed to [email protected].

Members may not have more than 1 active account, if for some reason you accidentally create an extra account please email our team to get this rectified immediately. The Service and Membership is not available to any users suspended or removed from the system by Exclusivia for any reason. Also the selling, trading, or otherwise transferring their Membership account to another party is prohibited without the written consent of Exclusivia.

Do Not Steal

The information on Exclusivia is the ownership of Exclusivia and/or its partners.  It sounds a bit harsh, but using any of the logos, images, text, information, or video without written consent is stealing.  The following specified actions are all examples of prohibited actions by Exclusivia and may result in termination of access.

  • No downloading, copying, Do not download or copy account information for the benefit of another vendor or any other third party
  • No unauthorized hypertext links to the website and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a written permission to share (such as the intellectual property of another party);
  • No uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  •  any action that imposes or may impose (in Exclusivia’s sole discretion) an unreasonable or disproportionately large load on Exclusivia ‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Exclusivia to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Exclusivia.

*While we have tried to be thorough, it’s possible we have missed something. Exclusivia reserves the right to terminate any membership of a member who acting without ethics in regards the above mentioned misrepresentations of ownership, copying ect particularly if it jeopardizes the integrity of Exclusivia or any of its members.  This is subject to the sole discretion of Exclusivia.

Membership and Account.

By signing up you assure that you are of legal age and will only use the Site for legitimate purposes. You also agree to provide true and current information about yourself when you apply for Exclusivia membership. If you provide any information that is untrue or inaccurate or Exclusivia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Exclusivia has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

Confidentiality

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

Right to Refuse Service

Exclusivia reserves the right to refuse membership or service, terminate membership, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer and membership at any time and for any reason.

Membership Fee.

We do charge Membership fees which are subject to taxation in accordance with applicable federal or state law. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The Membership fee is not refundable.

Exclusivia does occasionally license its membership program to partners and affiliates.  This may give members access without payment, reduced payment, or limited time trial periods subject to the agreement with said partner.  In the event that this partnership program does terminate, members will be given the opportunity to continue to their Exclusivia membership according to Exclusivia’s discretion.

Billing and Renewal

If membership is approved, membership billing will commence immediately subject to the payment options elected by the member. If Membership is denied, there will be no charges.

The initial term of a Membership shall commence on the date it is purchased and continue until the renewal period from the date in which the Membership was purchased. Each Membership will automatically renew (monthly or annually) (“Continuous Membership”) unless you notify Exclusivia of your decision to cancel your Membership prior to your renewal date; or we terminate your Membership. Renewal Membership fees will be billed (monthly or annually) and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day in which your current Membership or Renewal Membership term expires.

Cancellation; Termination.

You have the right to cancel your Membership at any time. No refunds will be available.  Exclusivia reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion. We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.  Upon cancellation of Membership, you are relinquishing your current annual Membership rate and understand you will not be able to rejoin at a later time at that rate.

 Business Partner Policies

We have no control over our business partners, their policies, prices, ect.  It’s important members understand that while we give information about products or services from Business Partners, the fulfillment of such products and services is the responsibility of that business partner.  You acknowledge that partner charges including, tax and incidentals are the responsibility of the individual member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that Exclusivia partners have rules and policies. You are responsible and liable for verifying and abiding by these policies. You agree to abide by the terms and conditions of purchase imposed by any partner with whom you elect to deal.

Disclaimer of Liability and Warranty.

We try to be as thorough, up to date, and forthright as possible to give our users the best experience possible.  That being said, the content, products, and services published on this site may include inaccuracies or errors. We do not guarantee the accuracy and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services.  Exclusivia makes no representations about the individual suitability of the information, software, products, and services on this site. Suitability is the responsibility of the user member to determine.  Exclusivia and their partners disclaim all warranties that this site, its servers or any emails sent by Exclusivia, its affiliates, and their supplierers are free of viruses or other harmful components. Exclusivia, its affiliates, and their suppliers disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of The Exclusivia partners that provide products or services on the site or application are not agents or employees of Exclusivia or its affiliates. Exclusivia and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence or any suppliers or for any person injuries, death, property damage, or other damages or expenses resulting from.  Exclusivia and its affiliates have no liability and will make no refund in the events of any delay, cancellation, overbooking, strike, or other causes beyond their direct control.  Exclusivia, its affiliates, and/or their respective suppliers will never be for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with your access to Exclusivia.

Limitation of Liability.

You understand and express that Exclusivia and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other intangible loss resulting from the use of the site, content or any related service.

Product Suitability

For all of our products, services, experiences, and information we try to be as thorough as possible; however we are not making suitability recommendations.   We are making recommendations for users to learn more about the products and services.   We are simply highlighting the features and unique ability as to why we believe such a product might be worth learning more about.  This is our opinion,  Suitability should be determined by the members themselves based upon their own unique situation.   Gathering more information prior to purchase is the responsibility of the member, Exclusivia can not be held liable for purchases made.

Indemnity

You agree to indemnify and hold Exclusivia (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of these terms, your violation of any law or the rights of a third party, or your use of the Site.

Electronic Communication

When you use the Site or send emails to Exclusivia, you are communicating with Exclusivia electronically. You consent to receive communications from Exclusivia electronically. Exclusivia will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links

Exclusivia or third parties may provide links to other World Wide Web sites or resources. Because Exclusivia has no control over such sites and resources, you acknowledge and agree that Exclusivia is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Exclusivia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Commissions

Exclusivia does occasionally get paid commission for 3rd party products that are sold.  Some of these commissions are tracked via affiliated links or pixels.  It should be understood by members and assumed that purchases of products may result in a commission or financial benefit for Exclusivia.

Exclusivia Member Events

In signing up to attend an Exclusivia Member event, you are promising to act with the utmost integrity towards Exclusivia Team members and other Exclusivia members.  You will not spam, harass, intimidate, or do anything that is deemed unethical or inappropriate according to the discretion of Exclusivia.

Access To Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Modification and Notification of Changes

Exclusivia reserves the right to make changes to the Site and Membership Agreement, related policies and agreements, including terms and the Privacy Policy at any time.

Trademarks

The trademarks and logos displayed on the Site are the property of Exclusivia and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Exclusivia or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Procedure for Claims of Intellectual Property Infringement

Exclusivia respects the intellectual property of others, and we ask our users to do the same. Exclusivia may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.

Summary

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. The relationship between you and Exclusivia will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Exclusivia agree to submit to the personal jurisdiction of the federal and state courts located in San Antonio, Texas with respect to any legal proceedings that may arise in connection with this privacy policy or terms of use. The failure of Exclusivia to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Exclusivia does not guarantee it will take action against all breaches of terms. These terms constitute the entire agreement between you and Exclusivia and governs your use of the Site, superseding any prior agreements between you and Exclusivia with respect to the Site.