The Power of Truth

Get some truth at the great places below

Trademarks and tradenames are the property of their respective owners.
American Thinker - A deep dive into facts behind current happenings as opposed to surface scratching opinion.
American Thinker - A deep dive into facts behind current happenings as opposed to surface scratching opinion.
The American Spectator – Original, thought-out, plain-spoken, readable high-quality content that  endeavors to find out what is going on and explain it clearly.
The American Spectator – Original, thought-out, plain-spoken, readable high-quality content that endeavors to find out what is going on and explain it clearly.
Billy Graham Evangelistic Association Endeavoring to help you better know God
Billy Graham Evangelistic Association Endeavoring to help you better know God
Christian Broadcasting Network - Broad spectrum Christian immersion, service, and news.
Christian Broadcasting Network - Broad spectrum Christian immersion, service, and news.
The Epoch Times deep and considered original content to provide the facts and choices available so that you can make your own decision.
The Epoch Times - Deep and considered original content to provide the facts and choices available so that you can make your own decision.
Idlewild Baptist Church - On a mission from God, to help you find your mission in order to know Him better.
Idlewild Baptist Church - On a mission from God, to help you find your mission in order to know Him better.

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Read more …Weather forecast accuracy is crucial in a heat wave – 1 degree can mean the difference between...

INTRODUCTION

Avoidance of Site Entry. If you do not want to enter this Site and subject yourself to these Terms of Use by so entering, but require some other form of assistance regarding this Site, you can contact us at:  Power Of Truth Media, LLC,  PO Box 271534, Tampa, FL 33618.

Any person who accesses areas of the www.ThePowerOfTruth.com website other than this legal statement agrees to and is bound by these Terms of Use.

The appearance of U.S. Department of Defense (DoD) visual information does not imply or constitute DoD endorsement

Who We are. Power Of Truth Media, LLC (“PTM”)  PO Box 271534, Tampa, FL 33618, including all of our applicable affiliates, subsidiaries and brands (sometimes “we,” “us,” “our,” “The Power of Truth” or “PTM” herein).

Sites.  This Site is operated by PTM.  “Site” and “Sites” includes this Site, blogs, forums, affiliated domains, apps, services that link to this Site through any related mobile application,  and all of our various social media locations including without limitation Facebook®, Instagram®, Pinterest®, Rumble®, TruthSocial®, Twitter®, YouTube®, and the like. 

Applicability of Terms To You.  We provide you with access to and use of the Sites  subject to your agreement to and compliance with these Terms.  By using the Sites, you agree the Terms govern your use of the Sites and to be bound by all the terms and conditions contained in these Terms of Use (“Terms of Use” or “Terms”) including without limitation any and all rules, program terms, guidelines, indications, and directions found throughout the Sites.   These Terms apply to all users of the Site, including users who view material, buy products, and/or register for accounts or programs on the Sites.  Persons may also agree to these terms outside the Sites in separate writings for various purposes which incorporate them by reference.  We reserve the right, in our sole discretion, to terminate or restrict your access to the Sites, refuse service, or cancel orders. 

Site Rating G. We work to keep this Site rated G.  General audience. Good. Great.

PLEASE READ THESE TERMS CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THESE TERMS.   IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.  NOTE THAT THESE TERMS ARE SUBJECT TO AN ARBITRATION PROVISION, REQUIRING - EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW - YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

CHILDREN, MINORS (i.e, those under the age of majority) If you are under the age of 13, do not use this Site.

While grossly errant governments and aberrant institutions presently allow all sorts of crazy and creepy things to be done mentally and physically to America’s children, we believe that if a child finds our Sites, it is important to protect their privacy.  A child’s sanctity and privacy is between their and their parents or guardians,  not others, including governments or institutions.  

The Site may include features or material that may be appealing to minors but does not knowingly seek to attract minors. We endeavor to keep our Sites rated G, but it possible that occasionally they may have material and features some believe to be unsuitable for minors and which are not necessarily monitored.

We do not sell products for purchase by children; we sell children's products for purchase by adults. If you are under 18, you may use our Sites only with the involvement of a parent or guardian.  In cases where a parent or guardian has authorized a minor to use our Sites,  they recognize that they are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. They acknowledge that we have has no obligation to monitor the content accessible on or through the Sites.

No European Union Or Activity Outside the U.S..   We and our Sites do not offer goods and services to people in the EU, and we do not monitor their online behavior.  While we like our friends in the EU and rest of the world, the laws enacted by their many rulers are too many and too complex, and the penalties too draconian, to incur the risk.  It is hard enough keeping up with all the laws enacted by our own.  We and our Sites operate and offer goods and services, and monitor online behavior, and only within the U.S., its territories, and possessions.   The Website is hosted and operated in the United States and all matters relating to this Website are governed by the laws of the United States. If you are located outside of the United States and you contact us, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction and any information you provide to us will be transferred to the United States. By submitting information to us you explicitly authorize this transfer and the processing of this information within the United States.

Changes to Terms. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to these Terms.  Each time you use the Site you will be subject to the Terms of Use posted at that time.   We may change these Terms of Use from time to time. If we make changes, we will notify you by revising the date at the top of these Terms of Use. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Sites or sending you an email notification), but this our option and not a duty or representation.  We encourage you to review the Terms whenever you interact with us to stay informed about our personal information practices and the choices available to you.

Consideration. You acknowledge your acceptance of and agreement to these Terms is supported by reasonable and valuable consideration, receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your act of using of the Site and receipt of data, materials and information available at or through the Site, viewing the contents thereof, which you can voluntary elect not to do by simply not choosing to do so. 

Privacy.  Per the Privacy Policy posted on this site.  Notwithstanding anything else to the contrary contained in these Terms of Use,  our use of any personally identifiable information you provide via the Site is governed by our Privacy Policy.

Registration. You do not have to register to view the Site. You may visit the Site, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you may have to register for an account in order to access the full features of the Site, including but not limited to the ability to purchase products through the Site. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and it of course is your responsibility to keep your account password secure. You must notify PTM immediately of any breach of security or unauthorized use of your account. PTM will not be liable for any losses caused by any unauthorized use of your account. PTM reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time, with information and our rights maintained.

License and Site Access. PTM grants you a limited, revocable and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PTM. This license does not include: any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PTM. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PTM and its affiliates, licensors or licensees without express written consent of PTM. You may not use meta-tags or any other hidden text using PTM's name or trademarks without the express written consent of PTM. Any unauthorized use will immediately terminate the permission or license granted by PTM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PTM so long as the link does not portray PTM or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by PTM in its sole discretion. You may not use any PTM logo or other proprietary graphic or trademark as part of the link without express written permission of PTM. You may not make any other part of the Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from PTM. We may discontinue, change, suspend, or cancel the contents, operation, or features of the Sites at any time for any reason, without notice.

PROPRIETARY MATTERS

General Notice. The trademarks, logos, and service marks displayed on the Site, are registered and unregistered trademarks of PTM and others. Nothing contained on the Site or any contract entered into via the Site or otherwise between us should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark or artwork listed or displayed on the website without the prior written permission of PTM or the third party owner of such mark. Your misuse of the trademark, or any content on the Site, except as provided in these Terms of Use , is strictly prohibited. You are also advised that PTM will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademark Ownership. You acknowledge that PTM and/or Power of Truth Properties, LLC  (PTP) being a third party Licensor beneficiary without recourse by you, and their assigns without recourse) respectively own the marks as defined herein, and you recognize their substantial value and associated goodwill. You will not alter, modify, dilute, or misuse the marks, bring them into disrepute, or challenge the rights of PTM and/or PTP in them. Your rights under this Agreement shall not alter your obligation to honor common law and tradenames and copyrights of PTM and/or PTP, and furthermore, transmittal of information to you in this Site or anything hereunder, shall at no time be considered a publication, sale, or offer to sell under copyright, tradename or common law.

Affirmation of Marks. You acknowledge the ownership by PTM, its Licensors or assigns, of the trademarks listed or shown on this Site or in any contract entered into via the Site or otherwise between us, whether or not the marks is yet registered, under common law and by contract, and you agree that you will do nothing inconsistent with such ownership, and that use of the trademarks by you shall inure to the benefit of PTM or its licensors or assigns. As a matter of contract, you acknowledge and agree by law and by contract that PTM and/or PTP, respectively, in all products in all classes and as an object at the federal level and in all fifty states respectively own(s) the following trademarks names and associated goodwill, and you agree not to do anything inconsistent with that ownership, will not attempt to register them or any modifications of or evolutions of them, and will cooperate with the efforts of PTM or PTP to protect, defend or procure registration of the design marks and word marks: The Power of Truth™, Power of Truth™, Power to the Truth™, Truth Power™. as a thing or object in all shapes and configurations.   You agree to sign a single sheet acknowledgment of this at any time, and irrevocably appoint PTM and PTP severally as your attorney-in-fact to do so without notice and without recourse. You agree not to seek or claim a copyright on artwork which incorporates the marks, on the above or similar trademarks, or proprietary matters. You agree that your information as provided by you may be used to create a one sheet trademark ownership confirmation listing the foregoing which may be used and filed of public record, and agree to stand by that document.

Non-Competition. It is important to protect the interests of PTM and PTP. Therefore, in fundamental consideration for the opportunity to view the information presented in the Site, and the opportunity to evaluate the information therein, or enter into any contract via the Site or otherwise between us, you contractually agree that you will not either now or any time in the future, for free or for direct or indirect gain or compensation, do the following for yourself or another within the fifty states regarding the marks listed in the Proprietary Matters section of these Terms: (1) compete against us in any manner employing the same; (2) employ or utilize the same except in a relationship with us; (3) supply the same to unauthorized persons; (4) sell goods or offer services using any other of the marks unless agreed to in writing by us.

Goodwill. You acknowledge the value of goodwill associated with the marks listed herein and appearing on the Site, and agree that PTM, and/or PTP, respectively, are respectively the sole owner(s) of such goodwill. Any goodwill generated as a result of use of the marks by you will inure to the benefit of PTM, and/or PTP, respectively.

Proprietary Product; Non-Competition. As a matter of contract, in fundamental consideration for the opportunity to view and evaluate the information presented in the Site, you agree that you will not use in competition with us, or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: product concepts; alternative designs of the goods, services, logos, tradenames, artwork, slogans, and monikers depicted on this Site; logos; trade dress; product themes; product genres; product information; tradenames; designs or ideas that are derived from the product or logo, or tradename concept; tradenames and slogans similar or confusingly similar to those depicted on this Site; or anything derived or adapted the goods, services, slogans, logos, and services depicted in this Site. All goods, services, slogans, logos, and monikers displayed on this Site are US Trademark and protected by common law. We will enforce our trademark, copyright, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Copyright. You should assume that everything you see, read or hear on the Site is copyright,  protected by common law intellectual property rights, or and may not be used except as provided in these Terms of Use without our prior written permission. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Site are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright from us or any third party. The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without our express written consent or our lawful successors and assigns.

YOUR RESPONSIBILITIES

You assume all responsibility for your use of the Site. You waive all claims against PTM, its officers, directors, employees, suppliers and software programmers that may arise from the utilization of the Site.

You are personally responsible for your use of the Sites and any use made via your account.  By using the Sites, you agree to respect the property rights of others and not to violate or attempt to violate the security of the Sites, including without limitation:

  • Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language.
  • Impersonation of others, including an PTM or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited.
  • Uploading, distributing, or otherwise publishing through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
  • Undertaking any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our Site in any way.
  • Uploading commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • Sending unsolicited or unauthorized email, text, or other solicitation;
  • Accessing data not intended for you or logging on to a server or account that you are not authorized to access;
  • Interfering with, limiting, destroying, or disrupting the Sites, services connected to the Sites, or otherwise interfering with the technological operations or services of the Sites;
  • Violating, infringing or misappropriating other people’s intellectual property, privacy, publicity or other legal rights;
  • Sharing or posting a comment or information that is false, misleading, harmful to reputation, abusive, harassing, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
  • Spidering or harvesting or otherwise automatically collecting any information or data from the Sites;
  • Attempting to scrape or crawl any pages on the Sites;
  • Copying, deciphering, disassembling, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract any of the software or other underlying code used to provide the Sites;
  • Violating any law, regulation or order;
  • Attempting to interfere or interfering with the operation of the Sites, our provision of services to any other visitors to the Sites and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” a Site.
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site; or
  • Advocating, encouraging, or assisting anyone in doing any of the above.

Legal Use. You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from PTM. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. All information that you provide in connection with any interaction with the Site or any co-branded Site must be accurate, complete, and current. By using the Site, you agree not to violate or attempt to violate the security of the Site, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Indemnity. You agree to indemnify and hold PTM, its licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or breach of these Terms of Use. You will use all reasonable efforts to cooperate with PTM in the defense of any claim. PTM reserves the optional right, in its sole discretion and at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

USER CONTENT AND MATERIAL

Subject to the licenses granted to us in these Terms, you retain ownership of any copyright and other rights you may have in User Content you submit or post on the Sites.

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, information, terms of art, slogans, concepts, sayings, know-how, or techniques questions, data or other content that you (i) submit or post on the Sites, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with tags or hashtags relating to us, our Sites or brands (collectively “User Content”), shall be deemed nonconfidential and nonproprietary.

In exchange for the use of our Site platforms, by submitting or posting any User Content, you grant to PTM (and its affiliates, licensees, distributors, agents, representatives and other authorized users) a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, including but not limited to developing, manufacturing, and marketing goods and services using such information or extrapolating it therefrom, without liability or compensation, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You acknowledge and agree that the pleasure of engaging in your activity on our Site platforms, the use of our audience for the presentation of your User Content, the hope of others seeing and experiencing your User Content, is full and sufficient consideration.

PTM will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate, be based on or derived from, or otherwise rely upon such information. 

Do not send us any User Content that you do not wish to be subject to these Terms, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

PTM has no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content.  

PTM retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You agree to sign and deliver documents and take any other actions reasonably requested by us to effectuate, perfect or evidence the license and rights granted in these Terms.

You acknowledge that, with respect to any claim relating to or arising out of our actual or alleged exploitation or use of any User Content, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any.

You are solely responsible for the User Content and you hereby agree to indemnify and hold PTM (and its affiliates, licensees, officers, directors, employees, distributors, agents, representatives and other authorized users) and its e harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

PTM cannot and does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.  By submitting or posting the User Content you fully and unconditionally release and forever discharge PTM (and its affiliates, licensees, officers, directors, employees, distributors, agents, representatives and other authorized users) from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by PTM or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. 

You acknowledge and agree that PTM has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. PTM acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If PTM becomes aware of any User Content that allegedly may not conform to these Terms, PTM may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. PTM has no liability or responsibility to Users for performance or nonperformance of such activities.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.

You agree that any User Content you submit or post is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Should you wish to remove any User Content inform us at Power Of Truth Media, LLC, PO Box 271534, Tampa, FL 33618, or by using the Contact Us form.  PTM has the absolute right to remove and/or delete without notice any User Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against PTM for such removal and/or deletion.

PTM is not responsible storing posted User Content or other materials you transmit through the site, or liable to you for not doing so.   It is solely your responsibility to take timely measures to preserve copies of any User Content data, material, content or information you post on the Site or any other Sites or platforms.

REPRESENTATIONS AND DISCLAIMERS

Disclaimer of Site Warranty. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR LINKS HEREIN OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OF LINKED SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL PTM, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO PTM THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Off-Site Links. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.  We have not reviewed any websites which may from time to time link to the Site and are not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any such other off-site pages or other websites is at your own risk, and subject to the disclaimer of Site warranty provisions of these Site Terms of Use.  We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site. We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.  You hereby irrevocably waive any claim against us with respect to information, content and materials contained on any third-party or co-branded Site, and any information, content and materials you provide to such third-party or co-branded Site (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Site to which you might link from our Site. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site. We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.

Accuracy of Information. While reasonable efforts are made to present accurate information on the Site, neither PTM, nor its information contributors can be held responsible by you for the accuracy of the information. PTM makes no express or implied warranty as to the accuracy or merchantability of content or programming. We assume no liability or responsibility for any errors or omissions in the content on the Site.

Product Information. PTM attempts in good faith to be accurate when describing its products and services on the Site.

  • We do not warrant that product and service descriptions or other content on Sites are complete, reliable, current, or error-free.
  • We cannot and do not warrant the accuracy of customer product ratings, comments or feedback.
  • While we have made every effort to display products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the internet technology and equipment of myriad unrelated intermediate ISPs and the user, and we cannot guarantee that the your device will accurately portray the actual attributes of the products. 
  • The prices displayed at the Site are quoted in U.S. Dollars.
  • Products displayed may be out of stock or discontinued, and prices are subject to change.
  • We are not responsible for typographical errors regarding price or any other product matter. In the event a product is listed at an incorrect price due to typographical error or systems error, we have the right to refuse or cancel any orders placed for product listed at the incorrect price.
  • We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we have the right to issue a credit to your credit card account in the amount of the incorrect price.

Inaccuracy Disclaimer. From time to time there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted an order.

GENERAL MATTERS

Termination or Restriction of Access. PTM may in its sole judgment terminate or restrict your access to all or any part of the Site at any time, with or without cause, with or without notice, and without recourse, effective immediately.  You may also terminate your use of the Site at any time, provided that all of the provisions of these Terms, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.

DMCA Notice.  You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any person. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), PTM will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Our designated agent may be contacted at the following address regarding any copyright infringement notices: Power Of Truth Media, LLC, Copyright/DMCA Agent, PO Box 271534, Tampa, FL 33618.

It is often difficult to determine if  intellectual property rights have been violated. Misrepresentations of infringement can result in liability for monetary damages.   We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the complainant’s content as well as that of the alleged infringer pending resolution of the matter.

We may give you notice that we have removed or disabled access to certain content or material.

Risk of Loss. All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, PTM.  Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when PTM delivers these items to the common carrier.

Legal Notices. Any legal notices other than service of process shall be given by pre-paid certified or registered mail, signature required, to: Power Of Truth Media, LLC, Attn: Legal Department, PO Box 271534, Tampa, FL 33618  Given the number of persons with which we must communicate, it is our express intent not to incur any expense associated with delivery of physical notices to you. Notice by us for all purposes may be communicated in any electronic form, including without limitation, automated telephone dialers, email, or posting on this website. Use of this website constitutes irrevocable acceptance by you to receive any notices from us by electronic transmission. We may elect, in our sole discretion, to give you written notice by different or additional means. Electronic notice is effective when (a) actually transmitted by electronic mail, if correctly directed to the last known electronic mail address, or (b) posted on the Site or an electronic network that you have consented to consult, or (c) correctly transmitted to you, if by any other form of electronic transmission consented to by you. It is your responsibility to notify us of any change of electronic address, and notice is effective if given to the last known electronic address provided by you whether or not correct and current. Our responsibility is met by sending it to the last known electronic contact point, and we have no duty to investigate should it bounce.

Limits On Purchases.  In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of our merchandise, including, but not limited to, all purchases made at retail stores selling our product, sample sales, warehouse sales and through catalogs and Sites.

Limited Goods and Services Warranty. PTM warrants that the goods and services sold are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. PTM will provide replacement goods or services, or may opt to reimburse the purchase price if that is infeasible. PTM’s sole liability with respect to any defect shall be for the replacement of the defective goods or services. No one is authorized to make any other warranties on behalf of PTM, or modify this warranty, except in a separate written paper document under signature of a company manager of PTM then-listed with the Florida Department of State. PTM will not be liable for repairing damages or failures caused by acts of God or nature, abuse, abnormal usage, use or application for which the goods and services are not intended. The foregoing shall constitute PTM’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. PTM WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.

ARBITRATION OF DISPUTES

PLEASE READ THESE ARBITRATION PROVISIONS CAREFULLY.  THEY PROVIDE THAT ANY SITE USE DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING A CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.

Any site use dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in  Hillsborough County, Florida, United States of America.  The only exception is that to the extent you have in any manner violated or challenged, or threatened to violate or challenge, our intellectual property rights, such is not subject to arbitration and we may seek injunctive or other appropriate relief in state or federal court in Hillsborough County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts. 

Procedural Prerequisite. A party who intends to seek arbitration must first try in good faith to resolve the dispute by providing to the other party a written notice (“notice”) describing the facts and circumstances of the dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified or registered mail, signature required, to: Power Of Truth Media, LLC, Attn: Legal Department, PO Box 271534, Tampa, FL 33618, or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within thirty (30) days after the notice is received, either party may commence arbitration.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

You and PTM agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the terms of use terminate or your use of the Site ends.

Any site use controversy not settled between us including without limitation those arising out of or relating to this Site, these Terms of Use, goods and services presented herein, subsequent agreements into which we may enter via this site or by other means, shall be determined by binding arbitration conducted in Florida in accordance with the Florida Uniform Arbitration Act as amended. These matters shall without limitation include: formation of our agreement under these Terms of Use; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising during or after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms of Use, or the goods and services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms of Use.  These matters expressly exclude any challenge to the intellectual property used by us.

This binding arbitration provision applies to any and all claims as aforesaid that you have against PTM, our subsidiaries, affiliates, licensees, licensors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.

The arbitrator shall have at least five (5) years experience in the relevant subject area.  The arbitrator may determine the question(s) presented and render a final award. Any action taken, determination made, and award granted by the arbitrator will be binding on the parties and confirmable and enforceable by a court of law. The loser of the Arbitration as decided by the arbitrator shall pay all costs, but not attorney's fees, and PTM may require these costs to be posted in advance to assure payment. Each party shall bear their own attorney's fees and costs. The decision and any award will be made in writing within fifteen (15) days from the date of the arbitration hearing. An assignee, successor in interest, or economic beneficiary of these Terms of Use shall also be bound by this arbitration provision, and in the event of lack of a signature confirming assent, the act of acceptance of the benefit of the contract or other act of performance of the contract shall constitute such assent. The arbitration shall be limited. No discovery shall be allowed or depositions taken. All arbitrations shall be limited to a single brief no longer then ten (10) pages in length with half-inch margins and using 12 point Arial font. All assumptions must be taken in favor of PTM, or PTP,  respectively. The decision and award must be based on the Terms. The arbiter will not have any power to act as amicable compositeur or ex aequo et bono, or to award special, indirect, consequential or punitive damages.

Issues about the scope of the arbitration agreement or about waivers of the arbitration agreement shall be resolved in favor of arbitration. Disputes over the construction, meaning, scope or applicability of the arbitration clause, the obligation to arbitrate, whether a party agreed to arbitrate, the jurisdiction of the arbitrators, or whether a significant relationship exists between a claim or tort claim and the agreement containing this arbitration clause, will be resolved by this arbitration.

Any defenses raised to arbitration under contract law such as and including without limitation fraud, duress, illegality, waiver, unconscionability, will be resolved by this arbitration.  Any ambiguous provisions dealing with arbitration shall be construed in favor of arbitrating disputes arising out of this contract or its performance. These Terms, the Site, and any ambiguity herein or therein shall be interpreted in favor of PTM  respectively. A hearing shall only be allowed if required by the arbitrator.

This arbitration agreement will survive: (i) termination or changes in these Terms, and the relationship between you and us concerning these Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

GENERAL TERMS

Governing Law and Venue. This Site is established in the State of Florida in the United States of America. Through this Site you are interacting with us in Florida. Our Site and the servers that make the Site available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Site. Any information you provide in subscribing to our Site or registering or ordering at our Site will be transferred to the United States. By visiting our Site and submitting information, you authorize this transfer, processing and use. You agree that all claims, causes or action at law or equity arising out of this Site or the goods and services and information contained herein, your interaction with us, your claims arising out of goods and services depicted or sold on this Site, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these Terms of Use, without regard to principles of conflicts of law and as if these Terms were a contract wholly entered into and wholly performed within the State of Florida, shall be judged and resolved in accordance with the laws of the State of Florida in the United States of America and venue for all such matters shall be in the state court in Hillsborough County, Florida.  No action or proceeding may be brought in any other jurisdiction.  

Language of Construction. This Site is written in American English, and American English shall be the language employed to construe this Site and these Terms of Use and resolve any conflict or unclarity herein.

Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms of Use or the substantive content of a paragraph.

Discontinuance; Modification. We may discontinue this Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Site at any time for any reason, without notice.

Third party. Power of Truth Properties, LLC (PTP) the owner of the trademarks listed herein, is a third party beneficiary of these Terms and not a party hereto.  You acknowledge and agree its has no privity with you and cannot be made part of or joined in any dispute, arbitration or other proceeding.

Lack of Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Site. Nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver. Our failure to enforce any provision of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

Illegality. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Reservation of Rights. All rights not expressly granted herein are hereby reserved to us.

Invalid, Unenforceable, or Illegal Provisions. Should any provision of these Terms of Use be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms of Use.

Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms of Use. No change or modification of these Terms of Use shall be valid unless the same is herein posted on this website, or is set forth in a separate written paper document signed by an officer of PTM then listed as a company representative with the Florida Department of State.  No other person has the actual authority to modify these Terms of Use, and all apparent authority to do so is hereby disavowed.

Entire Agreement. These Terms of Use constitute the entire agreement between you and us, and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. You and us may enter into subsequent agreements which may supplement these Terms of Use regarding specific matters, provided such are set forth in a separate written paper document signed by a representative of PTM then listed with the Florida Department of State.

Company Entity; Release. You acknowledge and agree that you are dealing with a company entity in this Site, and that the persons who represent that company act on its behalf in their representative capacities and not in their personal capacity. This provision is fundamental to your use of this Site and our goods and services, and to the Terms of Use. Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the company’s representatives, owners, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by us. Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a company capacity; failure to observe company formalities; transfer of company assets for personal use; company capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; depletion of company assets for personal benefit; treating the company and its representatives interchangeably or as an alter ego; tort; indemnification.

No Jury Trial. YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

END OF TERMS OF USE

Last Updated: March 21, 2023

Avoidance of Site Entry. If you do not want to enter this Site and subject yourself to this Privacy Policy by so entering, but require some other form of assistance regarding this Site, you can contact us at:  Power Of Truth Media, LLC, PO Box 271534, Tampa, FL 33618.

Who We are.

Power Of Truth Media, LLC, PO Box 271534, Tampa, FL 33618, including all of our applicable affiliates, subsidiaries and brands (sometimes “we,” “us,” “our,” “The Power of Truth” or “PTM” herein).

Sites.

This Site is operated by PTM.  “Site” and “Sites” includes this Site, blogs, forums, affiliated domains, apps, services that link to this Site through any related mobile application, data collection forms you fill out in a Site, and all of our various social media locations including without limitation Facebook®, Instagram®, Pinterest®, Rumble®, TruthSocial®, Twitter®, YouTube®, and the like. 

Applicability of Policy To You.

We provide you with access to and use of the Sites  subject to your agreement to and compliance with these Terms.  By using the Sites, you agree the Terms govern your use of the Sites and to be bound by all the terms and conditions contained in these Terms of Use (“Terms of Use” or “Terms”) including without limitation any and all rules, program terms, guidelines, indications, and directions found throughout the Sites.   These Terms apply to all users of the Site, including users who view material, buy products, and/or register for accounts or programs on the Sites.  Persons may also agree to these terms outside the Sites in separate writings for various purposes which incorporate them by reference.  We reserve the right, in our sole discretion, to terminate or restrict your access to the Sites, refuse service, or cancel orders. 

This Privacy Policy (“Privacy Policy”) applies to Personal Information (as defined below) collected on any and all websites associated with PTM, and its affiliates, and subsidiaries  (the “Company,” “we,” or “us”), and all affiliated domains, apps, services that link to this Site through any related mobile application, and all social media platforms used by us (collectively referred to herein as the “Sites”). This Privacy Policy explains the choices you have about the way this information is collected and used. 

This is a policy, not a contract. This Privacy Policy is governed by our Terms of Use posted on this Site.  We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Sites or sending you an email notification), but this our option and not a duty or representation.  We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our personal information practices and the choices available to you.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

PLEASE NOTE THAT THIS PRIVACY POLICY IS SUBJECT TO AN ARBITRATION PROVISION, REQUIRING - EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW - YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

INFORMATION COLLECTED

When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:

  • Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
  • Account Information: We may collect your name, email address, telephone number, mailing address, zip code, date of birth, and gender if you create an account with us or complete a form on a Site. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
  • Information for Commercial Communications: We may collect your name, email address, telephone number, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
  • Information Relating to Inquiries: We may collect your name and email address if you contact us with a question. 
  • Information for Promotions: We may collect your name, email address, telephone number, gender, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
  • Survey Information: We may collect your name, age, gender, phone number, zip code, shopping habits, activities and routines, apparel likes and dislikes, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers, including their preferences and product needs.
  • Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service, our mobile application automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application.  You are not required to affirmatively submit any Personal Information to us in connection with the general use of our mobile application, unless you make a purchase through the application, in which case you must create an account.
  • Information from Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.  We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application and review and use available controls and settings on your device to reflect your preferences.
  • Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. You can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How To Access, Correct and Update Your Personal Information. California residents may also see the section entitled Your California Privacy Rights. Virginia residents may also see the section entitled Your Virginia Privacy Rights)  We may obtain personal information about you from other sources and combine that with information we collect about you. For example, we collect personal information from the local postal services’ national change of address databases to verify and update mailing addresses. If you interact with us on social media, we will also collect personal information about you from those interactions.
  • Derivation.  We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

COOKIES AND OTHER SESSION IDENTIFIERS

Like many sites, we, and third parties we allow, utilize a technology called "cookies." A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information.

Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows the Sites to remember you during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session ID. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies.  While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

Adobe Analytics — We use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.

 

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en>. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dloage/gaoptout.

Third Party Advertisers — We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company’s servers. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.

ADS ON OTHER SITES

We want to speak with you where it’s best for you. We may share your contact information with other companies so we can reach you on their sites or social channels. If you choose to give others your data directly (like Google or Facebook) their rules apply to that data, not ours. We sometimes buy ads on other sites. Even if we don’t share (or have) your data, you might see those ads. We can’t always control how they choose to place our ads.

HOW WE USE THE INFORMATION COLLECTED

We may use the information we collect as necessary and to fulfill your requests, including without limitation in the following manner:

Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.

Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.

Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

Aggregated Information: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

HOW WE SHARE YOUR INFORMATION

We may share the information described herein to the following categories of third parties in the following circumstances:

Order Fulfillment and Fraud Protection:  If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your Personal Information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.  Affiliates are companies that control, are controlled by, or are under common control with us. We may share your data with our affiliates.

Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices. Service providers are partners who have agreed to use your data only for the purpose of providing the services in our contract and who have agreed not to “sell” your data. We may share your data with our service providers / processors as described below. 

Third-Party Marketers, Partners, and other Third Parties: We may also share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes, or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please inform us using the Contact Us form.  Third parties are unaffiliated companies that have not agreed to limit their use of your data only to provide the services in our contract and/or have not agreed not to “sell” your data. For example, they may need to use the data to provide you services directly that go beyond our contract with them (e.g. your credit card company). We share your data with “third parties” only as allowed by applicable law.

Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION

You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites, Using the Contact Us form, or contacting us by mail at:  Power Of Truth Media, LLC,   attn: Privacy Coordinator, PO Box 271534, Tampa, FL 33618.  California residents may also refer to the section entitled Your California Privacy Rights. Virginia residents may also refer to the section entitled Your Virginia Privacy Rights.

STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

Bad guys are tricky. They may pretend to be us to trick you into giving them your data. Don’t get tricked -- we do not ask you for your password, whether in email, on line chat, phone call, or in person.

We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. You also should not use the same password across multiple websites or apps because it makes your data much less safe, and it’s very hard for us to protect you from someone else’s breach.  If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please inform us by using the Contact Us form.

DATA RETENTION

We will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as necessary to provide our services to you. We will retain and use your information to the extent necessary to comply with our legal obligations (including record retention), to resolve disputes, to enforce our agreements, and as otherwise described in this Privacy Policy. When the Company determines your information is no longer needed, or after legal authority to retain it has expired, your information will be destroyed in accordance with applicable laws and pursuant to procedures established in relation to each Company system or process.

YOUR CHOICES AND INDIVIDUAL RIGHTS

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in this policy to update your contact information or to change your subscription preferences. In addition, you may:

Limit the  Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

Opt-Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. This means if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.

Technical limitations on opt out. Please note that there are technical limits to our ability to identify data related to you and, if you opt out, to prevent the “sale” of that information to other parties. Where we can reasonably determine that information relates to you and you have opted out, we will not “sell” it to “third parties” (except as allowed by the law). However, we may not be able to determine that information relates to you. In that case, the information may be “sold” to a third party. Opting out is not unsubscribe.

  • Opting out of the “sale” of personal information will not prevent you from receiving marketing messages from us. If you wish to unsubscribe from our emails, please follow the unsubscribe link in one of our emails. If you wish to unsubscribe from text messages, please follow the unsubscribe process for the program you opted into.
  • Opting-out multiple email addresses If you want multiple email addresses opted out, you must provide each address to us. This is because we have no reasonable way to use a single address you give us to link to other addresses you may have.

Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. IT IS YOUR RESPONSIBILITY TO BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

LINKING TO OR FROM ANOTHER WEBSITE

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services.  At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, we do not recognize DNT. Our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

CHILDREN, MINORS (i.e, those under the age of majority)

If you are under the age of 13, you should not provide any Personal Information to us.

While grossly errant governments and institutions presently allow all sorts of crazy and creepy things to be done mentally and physically to America’s children, we believe that if a child finds our Sites, it is important to protect their privacy.  A child’s sanctity and privacy is between their and their parents or guardians,  not others, including governments or institutions.  

The Site may include features or material that may be appealing to minors but does not knowingly seek to attract minors. We endeavor to keep our Sites rated G, but it possible that occasionally they may have material and features some believe to be unsuitable for minors and which are not necessarily monitored.

We do not sell products for purchase by children; we sell children's products for purchase by adults. If you are under 18, you may use our Sites only with the involvement of a parent or guardian.  In cases where a parent or guardian has authorized a minor to use our Sites,  they recognize that they are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. They acknowledge that we have has no obligation to monitor the content accessible on or through the Sites.

If you believe a minor has provided Personal Information to us, please use the Contact Us form and we will take all such reasonable measures as we are able to remove that information and to not use it except where necessary to protect the safety of the child or others as required or allowed by law.  Technology makes it impossible to guarantee complete and comprehensive removal of that data from all systems, but we will do our best.

ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES

If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. United States privacy laws may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. Therefore, by providing your Personal Information, you consent to the collection, use, and sharing of your Personal Information as set forth in this Privacy Policy and to the transfer of your Personal Information to the United States as indicated above, in accordance with applicable law.

CHANGES REGARDING THIS PRIVACY POLICY

The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy.  Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.  We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

DISPUTES AND AGREEMENT TO ARBITRATE

Per Terms of Use posted on this Site.

CHOICE OF LAW

Per Terms of Use posted on this Site.

YOUR CALIFORNIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of California and use our Sites.

The California Shine the Light Law grants California residents the right to obtain certain information about the types of Personal Information that companies with whom those individuals have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that California residents may request a copy of the Personal Information that we hold about them. California residents may also request information regarding the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the information maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to the California Shine the Light Law, please contact us using the use the Contact Us form, or by writing us at the address at the bottom of this Privacy Policy. Please allow 30 days for a response to your request.

After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products. 

After January 1, 2023, the California Consumer Privacy Rights Act (CPRA) granted additional rights under the CCPA. Among other changes, the CPRA created a new sub-category of Personal Information called “Sensitive Personal Information” which is defined as any Personal Information that reveals an individual’s personal identification numbers (e.g., social security number, driver’s license, passport number, or state identification card numbers), account or debit or credit card numbers combined with passwords or codes that would enable access to the accounts, exact geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, mail, email, or text message content unless the information was intentionally sent to the Company and genetic data. We collect limited pieces of Sensitive Personal Information, as outlined below, for the specific purposes set forth in this Privacy Policy. 

The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:

  • Identifiers: We may collect your name, aliases, postal address, email address, telephone number, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may collect this Personal Information directly from you, indirectly from you (e.g., from observing your actions on our website) or from third party service providers, such as a data analytics provider. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products or special offers, processing your orders, processing employment applications or processing documentation required for legal purposes. We may disclose this information to third parties, including, payment processors, providers of internet, marketing, and administrative services.
  • Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(E)): We may request credit card signatures, infer physical characteristics from information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We collect this information directly from you. The business purpose for which we may collect this information is to process your order. We disclose this information to payment processors. 
  • Commercial information: We may collect information pertaining to products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may collect this information directly from you. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products, or special offers or to process your order. We may disclose this information to third parties, including, payment processors, and providers of delivery or marketing services.
  • Internet or other similar network activity: We may collect information related to browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. We may collect this information indirectly from you (e.g., from observing your actions on our Site) or from third-party service providers, such as a data analytics provider. The business purpose for which we may collect this information includes providing targeted advertising and providing information about products or special offers. We may disclose this information to third parties, including, internet service providers, payment processors, and advertising networks.
  • Geolocation data: We may collect information pertaining to location. We may collect this information directly from you. The business purposes for which we may collect this information includes responding to an inquiry, processing your order or to provide targeted advertising. We may disclose this information to third parties, including, internet service providers and advertising networks.
  • Audio and visual information: We may collect video recordings made of customers while they are visiting our stores. These recordings are maintained in a deidentified, i.e., anonymized, form. We may collect this information directly from you. The business purpose for which we may collect this information includes providing customer service, for fraud prevention, and to protect our legal rights. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.
  • Inferences drawn from other personal data: We may collect profiles reflecting a person’s shopping preferences and behavior. We may collect this information indirectly from you (e.g., from observing your actions on our Site), and from third-party service providers, such as a data analytics provider. The business purposes for which we may collect this information include improving the online shopping experience for consumers. We may disclose this information to third parties, including advertising networks, in aggregated and/or deidentified, i.e., anonymized, form.
  • Characteristics of protected classifications under California law: We may collect information for human resources requirements related to age, race, veterans status or gender. We may collect this information directly from you. The business purposes for which we may collect this information includes processing employment applications and maintaining employee records as required by law (for more information on our collection of this category of information, please wrie us at the address provided herein. We may disclose this information to third parties, including providers of human resources administrative services.

If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:

  • You have the right to know and request, no more than twice in a 12-month period, information about the categories of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose, and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. We will endeavor to respond to a verified request within forty-five (45) days of its receipt. If more time is reasonably necessary to provide you with the information you request, we may take an additional forty-five (45) days to respond to your request, and will notify you in writing of the reason(s) an extension is required.
  • You have the right to “opt out” of the sale and/or sharing of your Personal Information (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s (for consumers ages 13-5), opt-in). 
  • You have the right to request that we delete your Personal Information. We may retain your Personal Information, however, pursuant to one or more exceptions provided by law.
  • You have the right to correct inaccurate Personal Information maintained by us.
  • You have the right to limit the use and disclosure of your Sensitive Personal Information to those uses that are necessary to perform the services or goods reasonably expected by an average consumer who requests those goods or services, in addition to other business purposes as permitted by California law.
  • You have the right to non-discrimination. You have the right to receive equal service and pricing from a business, even after exercising your rights.

To submit an access or deletion request, use the Site’s Contact Us form.  To opt-out of the sale of your Personal Information, use the Site’s Contact Us form.

We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.


NOTICE OF FINANCIAL INCENTIVE

We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join our loyalty programs or who sign up to receive our marketing communications. When you participate in our loyalty programs, we collect Personal Information from you, such as identifiers (like your email address and date of birth) and commercial information (like your purchase preferences and purchase history), and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional communications or by using the Contact Us form. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you along with information on how to sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you. While we do not assign a monetary value to the data that we collect, based on our reasonable estimate, the value received from the information you provide is reasonably equal to or greater than the value the Company receives from the use of this information.

YOUR VIRGINIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of Virginia and use our Sites

After January 1, 2023, the Virginia Consumer Data Privacy Act (“VCDPA”) grants residents of Virginia certain rights pertaining to the “Personal Data” we may collect from you, which includes any information that is linked or reasonably linked to an identified or identifiable natural person. For avoidance of doubt, “Personal Data” is included within the definition of “Personal Information” used throughout this policy. Please reference Sections 1-4 of this Privacy Policy for detailed information regarding the categories of Personal Data we collect, the purposes for collecting Personal Data, the categories of Personal Data shared with third parties, and the categories of third parties with whom the controller shares Personal Data. The VCDPA also creates a sub-category of Personal Data called “Sensitive Data” which includes: (1) Personal Data that reveals racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) Personal Data collected from a known child; or (4) precise geolocation data. By providing your Personal Data to us, you consent to the collection, use, and sharing of your Personal Data, including Sensitive Data, as set forth in this Privacy Policy

If you are a Virginia resident, the VCDPA may grant you certain rights in connection with the Personal Data we collect, including

  • You have the right to know whether we process your Personal Data. You also have the right to obtain a copy of the Personal Data that we have collected about you in a technically feasible and readily usable format.
  • You have the right to correct any inaccuracies in your Personal Data that we maintain.
  • You have the right to request that we delete your Personal Data.
  • You have the right to “opt out” of targeted advertising, the sale of your Personal Data, or profiling. 
  • You have the right to appeal our refusal to take action in response to your request to exercise one of the above-stated rights. You may appeal our decision by using the use the Contact Us form with the phrase “APPEAL REQUEST” in the subject. If the appeal is denied, you may contact the Virginia Attorney General’s Consumer Protection Hotline at 804-786-2042 to submit a complaint.
  • You have the right to non-discrimination. You have the right to receive equal service, pricing and quality of services and goods from a business, even after exercising your rights.

To submit an access or deletion request, use the Site’s Contact Us form.  To opt-out of the sale of your Personal Information, use the Site’s Contact Us form.

We will verify your identity before completing your request and may ask for you to confirm data points we already have about you.

NO EUROPEAN UNION OR EXTRA-US ACTIVITY

We and our Sites do not offer goods and services to people in the EU, and we do not monitor their online behavior.  While we like our friends in the EU and rest of the world, the laws enacted by their many rulers are too many and too complex, and the penalties too draconian, to incur the risk.  It’s hard enough keeping up with all the laws enacted by our own.  We and our Sites operate and offer goods and services, and monitor online behavior, and only within the U.S., its territories, and possessions.

The Website is hosted and operated in the United States and all matters relating to this Website are governed by the laws of the United States. If you are located outside of the United States and you contact us, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction and any information you provide to us will be transferred to the United States. By submitting information to us you explicitly authorize this transfer and the processing of this information within the United States.

CONTACTING US

If you have questions about this Privacy Policy, use the Site’s Contact Us form.  You must include the URL of the Site and/or specific page within the Site related to your request for this to be effective. Or you may contact us by mail at:  Power Of Truth Media, LLC,   attn: Privacy Coordinator, PO Box 271534, Tampa, FL 33618.

Last Updated: March 21, 2023.

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