T&C's

Terms Of Use

Please read the following carefully. Throughout these Terms of Service (these “Terms”), “we,” “us” and “our” refer to Neverbrokeagainllc.com, owned and operated by Westside Merchandising LLC. These Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, govern your access to and use of the Never Broke Again websites at neverbrokeagainllc.com (as well as other sites we own or operate) (referred to collectively as the “Site”), our mobile application (the “App”), and the products and services provided by Never Broke Again (collectively, the “Service”). Any new features or tools which are added to the current Service shall also be subject to the Terms unless such features or tools are distributed with separate terms and conditions.

We offer the Service to you (referred to as “you” and “your”) under these Terms.

This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these terms, you are not authorized to use the Service and you must promptly cease using it.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – YOUR ACCESS TO THE SERVICE

When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (a) maintaining Internet access for your Device and (b) any Internet connection and telecommunications fees and charges that you incur.

Never Broke Again is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to, screen display operation features of your Device.

Access to the Service may be suspended temporarily and without notice: in the event of a system failure, for maintenance or repair, where we reasonably suspect there has been a breach of these Terms, for reasons reasonably beyond our control, or as otherwise explained in these Terms.

SECTION 2 – PERMITTED USE AND RESTRICTIONS

Subject to the terms and conditions of these Terms, Never Broke Again hereby grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents age 13 or over to use the Service. Individuals under the age of 13 are not permitted to use the Service.

You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (b) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (c) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Never Broke Again in its sole discretion.

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Never Broke Again has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

SECTION 3 – USER ACCOUNTS AND SECURITY

User Accounts. To use certain features of the Service, you may be required to create a Never Broke Again account and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information, may result in your inability to access or use our Service.

Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Never Broke Again immediately if you become aware of any unauthorized use of your password or your account.

Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

Account Deletion by You. You may delete your account at any time. You may delete your account by contacting us at the information in Section 21 (Contact Information) below.

Account Deletion by Us. Never Broke Again may terminate your account at any time for any reason or no reason, including if: (a) Never Broke Again determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Never Broke Again; (b) Never Broke Again determines it is required by law to terminate your account; or (c) Never Broke Again decides to stop providing the Service or critical portions of the Service. When terminating your account, Never Broke Again may delete your account and the information in it. You have no ownership rights to your account.

SECTION 4 – TERMS OF SALE AND PAYMENTS

Payment Methods. If you choose purchase goods from us, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Never Broke Again uses authorized third parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Never Broke Again the right to store and process your information with such third parties. You agree that Never Broke Again will not be responsible for any failures of such third parties to adequately protect your information.

Product Availability. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes and shipping charges. All orders are subject to acceptance and availability. In certain circumstances, products may become unavailable after an order has been placed. In such a case, a refund will be issued to your original Payment Method for the amount paid.

Personal Use. Unless you are an authorized retailer, all products sold by or received from Never Broke Again are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Never Broke Again. Never Broke Again reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Never Broke Again in its sole discretion.

Shipping. For details regarding shipping, international customs and duties, and shipping fees, please see our Shipping and Returns Policy.

All Sales Final. Due to limited available quantities of our products, all sales are final. We can only offer a return for items that are received damaged. For more details, please see our Shipping and Returns Policy.

SECTION 5 – THIRD-PARTY LINKS

The Service may contain links to or allow you to share or access content directly with third-party sites and applications (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

SECTION 6 – IDEA SUBMISSIONS

Our company policy does not permit us to access or consider ideas, suggestions, proposals, or materials (collectively, “Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers, avoid future misunderstanding when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your Submissions, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (a) such Submissions will be considered non-confidential and non-proprietary; (b) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (c) we may have something similar to the Submissions already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

SECTION 7 – MOBILE MESSAGE TERMS

The Never Broke Again mobile message service (the "Mobile Service") is operated by Never Broke Again. By agreeing to these Terms, using the Mobile Service, or using the Service, you agree to the terms of this Section 7 (the “Mobile Message Terms”), as well as to the entire Terms, including, without limitation, your agreement to resolve any dispute with us through binding, individual-only arbitration, as detailed in Section 18 (Dispute Resolution). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Message Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes to the Mobile Service.

User Opt-In. The Mobile Service allows users to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Service, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Service, you agree that the Mobile Message Terms apply to your participation in the Mobile Service, and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Mobile Service. By participating in the Mobile Service, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.

User Opt-Out. If you do not wish to continue participating in the Mobile Service or no longer agree to the terms of the Mobile Message Terms, you agree to reply STOP to any mobile message from Never Broke Again in order to opt out of the Mobile Service. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing option is the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than the word STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out. For Mobile Service support or assistance, email info@neverbrokeagainllc.com.

Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Never Broke Again of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Never Broke Again, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and the Mobile Message Terms shall survive any cancellation or termination of your agreement to participate in the Mobile Service. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Mobile Service Description. Without limiting the scope of the Mobile Service, users that opt-in to the Mobile Service can expect to receive messages concerning the marketing and sale of products, services, and events.

Cost and Frequency. Message and data rates may apply. The Mobile Service involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Never Broke Again.

MMS Disclosure. The Mobile Service will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty. The Mobile Service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Mobile Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Never Broke Again’s control.

Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.

SECTION 8 - PERSONAL INFORMATION

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your Device as explained in the Privacy Policy.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – INTELLECTUAL PROPERTY RIGHTS

The Never Broke Again name and logo are trademarks and service marks of Never Broke Again LLC. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Never Broke Again, and are protected by intellectual property laws. You acknowledge and agree that Never Broke Again, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international intellectual property laws. Further, you acknowledge that the Service may contain information that Never Broke Again has designated as confidential, and you agree not to disclose such information without Never Broke Again’s prior written consent. Nothing posted on the Service grants a license to any Never Broke Again trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel, or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by intellectual property laws unless otherwise noted and may not be used except with the written permission of Never Broke Again. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

SECTION 11 – NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California resident may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

SECTION 12 – INDEMNITY

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

SECTION 13 - DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

SECTION 14 – LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF NEVER BROKE AGAIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods purchased through the Service in the preceding 30 days, or (ii) Two Hundred Dollars ($200). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NEVER BROKE AGAIN LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON NEVER BROKE AGAIN GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

SECTION 15 - TERMINATION

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: if required by law, or due to an event beyond our control.

On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 6–8, 10, and 12–19 will survive any termination or expiration of these Terms.

SECTION 16 – COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 21 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

SECTION 17 – GOVERNING LAW

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Delaware in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of Delaware or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

SECTION 18 – DISPUTE RESOLUTION

User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 21 (Contact Information) below.

Arbitration Procedures. In the event your concern cannot be resolved informally, you and Never Broke Again agree that, except as provided in Section 18(e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 18(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Never Broke Again will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Never Broke Again may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

Location. The arbitration will take place in the City and County of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

Limitations. You and Never Broke Again agree that any arbitration shall be limited to the Claim between Never Broke Again and you individually. YOU AND NEVER BROKE AGAIN AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions to Arbitration. You and Never Broke Again agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

Severability. You and Never Broke Again agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 18(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18(e) is found to be illegal or unenforceable then neither you nor Never Broke Again will elect to arbitrate any Claim falling within that portion of Section 18(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of Los Angeles, California, United States of America, and you and Never Broke Again agree to submit to the personal jurisdiction of that court.

SECTION 19 – ADDITIONAL IMPORTANT TERMS

Assignment. The rights granted to you under these Terms may not be assigned without Never Broke Again’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

Severability. Except as otherwise provided in Section 18(g), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 18(f), the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Never Broke Again of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

Equitable Remedies. You acknowledge and agree that Never Broke Again would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Never Broke Again with respect to the Service and supersedes any and all prior agreements between you and Never Broke Again relating to the Service.

Transfer. We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

SECTION 20 – CHANGES TO THESE TERMS

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site and/or App. It is your responsibility to check the Site and App periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. In the event of a material change, we will provide you with additional notice (such as adding a statement to our homepage, sending you an email notification, or other communication method we deem reasonable).

SECTION 21 - CONTACT INFORMATION

Questions about the Terms should be sent to us at info@neverbrokeagainllc.com.

 

 

Privacy Policy

Privacy Policy

Never Broke Again, owned and operated by Westside Merchandising LLC (“Never Broke Again,” “we,” “us,” “our”), takes privacy seriously. In order for our websites (including neverbrokeagainllc.com and any other sites we own or operate) (referred to collectively as our “Site”), mobile application (our “App”), and service to function properly, we need to collect some of your information. This Privacy Policy explains the information we collect about you, how we use it and share it, and your privacy rights in connection with visiting our Site, using our App, purchasing products from us, and/or by use of any of our services (collectively, our “Service”). 

By using our Service, you acknowledge that you have accepted this Policy without exception. If you do not consent to this Policy, then you should immediately discontinue use of the Service without providing us any personal information.

What’s Covered by this Policy

This Policy covers information we may learn about you from use of our Service.

This Policy does not cover, and we are not responsible for, third-party websites or applications that may be linked from our Service or that may otherwise display content through our Service); linking to them or otherwise displaying content from third parties does not imply an endorsement. We are neither responsible for these websites or applications nor any information they may collect. You should always review the privacy policy of any third-party website or application before providing any personal information on those websites or applications.

Personal Information We Collect

When you use our Service, we may collect the following categories of your personal information:

• Identifiers: Your name, mailing address, email address, account username and password, address, gender, birthdate and age, and phone number.
• Financial and Transaction Information: Shipping and billing information, credit or debit card information or other payment means, and records of your purchases from us, any returns you make, and products you are considering purchasing from us (e.g., items in your cart).
• User-submitted Content: Survey responses, if you choose to respond to our surveys.
• Professional and Employment Information: If you apply for a job with us, we collect your resume, employment and education history, certifications, skills, and pay/wage rates.
• Audio Information: Voicemail recordings if you call us and leave a voice mail. We also use technology to transcribe voicemails to text. 
• Device Information: Information about the device you use to access our Service, including unique device ID, IP address, geolocation information, persistent identifiers, the hardware model, browser type, and operating system and version.
• Internet or Other Electronic Network Activity: Information about your use of our Service, such as access times, pages viewed (including in what order and for how long), and the referring link through which you access our Site. 
• Social Media: If you choose to interact with us through a third-party social network (such as Instagram), we may collect personal information from your profile on the social network, like your username and any other personal information you make publicly available. Please be aware that any information you submit or post to a social network, such as Instagram, is done at your own risk and without any expectation of privacy. We cannot control the actions of social network users and are not responsible for any content or submissions contained on such sites. 
• Inferences: We also draw inferences from the information above that may reflect your preferences and characteristics.
• Sensitive Information: Some of the information we collect above may qualify as “sensitive personal information.” In particular, credit or debit card information and other payment means are considered “sensitive personal information” in some locations. We use authorized third-party payment processors to process this information and we do not have direct access to such information. We and our authorized payment processors only collect and use this information to provide our Service to you, to ensure the security and integrity of the payment process and our systems, and to detect, prevent, and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions.

The sources from which we may collect personal information are directly from you, from your device and browser, from Social Networks (if you interact with us through such sites), and from service providers and third parties that assist us in providing, maintaining, and operating our Service and marketing (including customer support, web hosting, web development, data management, payment processing, product fulfillment, security, fraud control, events and promotional services, and analytics services).

You are not required to provide all personal information identified in this Policy to use our Service, but certain functionality will not be available if you do not provide certain personal information. For example, we may not be able to respond to your requests, create an account for you, or allow you to complete a purchase if you do not provide certain personal information to us. 

Cookies

A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for targeted advertising.

We use cookies and similar technologies to collect information about you when you interact with our Service, including information about your browsing behavior. We use this information to analyze trends, administer our Service, tailor and deliver advertising that may be more relevant or interesting to you, and engage users who have searched for, view, and/or purchased our products or similar products. 

The cookies and other technologies we use are generally divided into the following categories:

• Strictly Necessary: These cookies are necessary for our Site to function and cannot be switched off in our systems. They are usually set in response to actions made by you which amount to a request for services, such as setting your cookie privacy preferences or filling in forms. You can set your browser to block or alert you to these cookies but doing so means some parts of our Site may not function.
• Functional: These cookies enable our Site to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our Site. Some third-party providers (e.g., social media companies) may allow you to login to their services or share our content with your friends and networks. Please note that your use of a third-party's services is subject to that provider's own privacy policy. If you do not allow functional cookies in your browser, then some or all of the services (including third-party services) we have added to the Site may not function properly.
• Performance: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Site. They may be set by us or by third-party providers to help us to see how visitors navigate our Site. The information these cookies collect is generally aggregated. If you do not allow these cookies in your browser, we will not be able to monitor our Site’s performance as effectively.
• Targeting: Targeting cookies on our Site may be used by third-party ad partners to build a profile of your interests and show you relevant ads on other websites. These cookies do not directly store your contact information, like name and address, but are based on uniquely identifying your browser and device. If you do not allow these cookies, we and our ad partners will not be able to serve you targeted ads. Additionally, in certain jurisdictions, the use of targeting cookies for advertising could be considered the sale of your personal information. Toggling off targeting cookies opts you out of this sale.

To update your cookie preferences, please click the Cookie Policy option at the bottom of our Site.  

Do Not Track

At this time, we do not recognize the “Do Not Track” browser-based standard signal, however, we recognize the Global Privacy Control (“GPC”) as a valid request from you to opt out of performance and targeting cookies. 

Uses of Personal Information

We may use your personal information to:  

• Develop, provide, and improve our Service, including to facilitate and improve your online shopping experience;
• Complete the transactions you request, provide products and services requested by you or reasonably anticipated within the context of our relationship with you, and perform our contractual obligations;
• Process your orders, payments, and account adjustments and initiate, render, bill, and collect payment for our Service;
• Create and maintain your account;
• Send you notifications related to your account, purchases, exchanges, and returns;
• Respond to your requests and any other communications from you, including to provide customer service;
• Communicate with you about our Service, offers, promotions, and events, and provide other information we believe may be of interest to you;
• Conduct marketing and promotional efforts, tailor certain advertisements that we or our partners think may be of interest to you, and to determine the popularity of certain content and advertisements;
• Personalize your online experience and provide content or features that may be more relevant or interesting to you;
• Evaluate your eligibility for employment;
• Monitor and analyze trends, usage, and activities;
• Conduct internal research and development and make business decisions about current and future Service offerings;
• Detect security incidents and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract;
• To protect our rights, property, or safety, and that of our users, customers, employees, third parties, or the public;
• Comply with and enforce applicable legal and regulatory obligations, and respond to government requests; 
• Enforce this Policy, our Terms of Use, or our other policies and agreements;
• Defend against or pursue claims, disputes, or litigation in court or elsewhere; or
• Carry out certain short-term activities and other reasonable internal purposes related to our Service, especially with respect to products you purchase from us or your ongoing relationship with us.

These uses of your personal information are processed according on the following bases:

• As necessary to fulfill our responsibilities under a contract with you (e.g., processing payments for and providing the products you have ordered);
• As necessary for our legitimate interests (e.g., our interest in providing a relevant and secure Service, improving our Service, and maintaining our books and records);
• As necessary to comply with our legal obligations (e.g., notifying you as required by law in the event of a breach regarding the security of your personal information); or 
• As is consistent with your consent, where you have provided consent as appropriate (e.g., marketing communications).

Automated Processing: We do not use automated processing to make decisions that may affect you significantly. However, we use profiling and analytics to understand how people use the Site and for marketing purposes. These analytics help us understand and improve the Service. We also use security and fraud analytics, for example, to identify potential fraud.

 

Sharing Personal Information 

We share your information with the following categories of third parties:

• Our group companies, including our parents, subsidiaries, and affiliates.
• Service providers that we hire or work with that perform services on our behalf, including customer support, web hosting, web development, data management, payment processing, product fulfillment, security, fraud control, marketing, events and promotional services, and analytics services. 
• Advertising partners and social networks, to provide you with marketing and ads that we or our partners think may be of interest to you.
• Auditors, advisors, and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisers. 
• With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor affiliates part of that transaction.
• Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with responding to a subpoena, search warrant, or other lawful request for information that we receive; cooperating in law enforcement, internal, or similar investigation; or otherwise protecting our rights.

How We Protect Your Personal Information

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you though the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.  

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the contact information below in the Contact Us section.

How Long We Keep Your Personal Information

We will retain personal information as long as necessary to fulfill the purposes for which it was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

How You Are Notified if this Policy Changes

We may change this Policy from time to time, and any updates or modifications will be posted on our Site and App. In some cases, we may provide you with additional notice (such as adding a statement to our homepage, sending you an email notification, or other communication method we deem reasonable). We encourage you to read this Policy carefully to stay informed about our personal information practices and the choices available to you.

Communicating with You Electronically

By using our Service, you agree that we can communicate with you electronically. This includes any required notifications (i.e., legal, technical, regulatory, security, or privacy) relating to your use of our Service.

Children Under 13

We do not, in providing the Service, knowingly collect personal information from children under 13. If you have reason to believe that a child has provided personal information to us via the Service, please contact us as described in the Contact Us section below, and we will take steps to remove the personal information from our storage systems and terminate the account if we determine that a child under 13 has used the Service.

Service Location

The Service is operated from the United States. If you are located outside the United States and choose to use the Service or provide information to us, you acknowledge and understand that your information will be transferred, processed, and stored in the United States. United States privacy laws may vary from those in your jurisdiction. Where required by applicable law, we provide appropriate protections for cross-border transfers for international data transfers.

Your Privacy Choices 

If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself or by opting out in your user account or at check out. You may also contact us at the contact details in the Contact Us section. 

To opt-out of text messages, reply STOP to any mobile message from Never Broke Again. 

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

Information for California Consumers

This section describe how we collect, use, process, and disclose personal information of California consumers and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law. 

To understand what personal information we may have collected about you, and from where we collected it, please see the section Personal Information We Collect. 

We collect this personal information to operate, manage and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, as further described in the section Uses of Personal Information. 

In the past 12 months, we may have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients listed below:

Identifiers	Our group companies; Service providers; Auditors, advisors, and financial institutions; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Financial and Transaction Information	Our group companies; Service providers; Auditors, advisors, and financial institutions; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
User-submitted Content	Our group companies; Service providers
Professional and Employment Information	Our group companies; Service providers; Auditors, advisors, and financial institutions; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Audio Information	Our group companies; Service providers; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Device Information	Our group companies; Service providers; Advertising partners and social networks; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Internet or Other Electronic Network Activity	Our group companies; Service providers; Advertising partners and social networks; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Social Media	Our group companies; Service providers; Advertising partners and social networks; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Inferences	Our group companies; Service providers; Advertising partners and social networks; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties
Sensitive Information	Our group companies; Service providers; Auditors, advisors, and financial institutions; Government bodies, dispute resolution organizations, law enforcement agencies, or third parties

 

For more information on how your information is shared, please see the Sharing Personal Information section. 

Sale of Personal Information

We do not “sell” personal information as the term is traditionally understood. However, our use of some cookies and similar technologies may be considered a “sale” under California law. California law defines “sale” broadly to include any disclosure of information in return for any value. The value does not need to be monetary like in a traditional sale. The disclosure of personal information to advertising partners and social networks through cookies and similar technologies ay qualify as a sale under California law. You can opt out of these cookies and similar technologies by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the page. 

The categories of personal information disclosed that may be considered a “sale” under California law are: Device Information, Internet or Other Electronic Network Activity, Social Media, and Inferences.

The categories of third parties to whom personal information was disclosed that may e considered a “sale” under California law are: advertising partners and social media networks. 

Please note, we do not sell the personal information of individuals under the age of 16 if we have actual knowledge of the individual’s age.

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. In addition, California residents may have additional rights, subject to certain limitations, including:

• Access: You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed.
• Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information. 
• Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions. 
• Sale/Sharing Opt-Out: You may also have the right to opt-out of the sale of your personal information.
• No Retaliation: You have the right to be free from discrimination for exercising your rights.

As noted above, you may exercise your right to opt out of “sales” by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the page. We also recognize the Global Privacy Control as a valid request from you to opt out of the sale of your personal information. 

If you wish to exercise any of these other rights or have any questions regarding the processing of your personal information, contact us as provided in the Contact Us section below.

Please note that before we will be able to process your request, we will need to properly verify your identity for security purposes. Where we possess appropriate information about you on file (e.g., name, phone number, email, or physical address), we will attempt to verify your identity using that information.

To use an authorized agent to make a request on your behalf, we require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to verify your identity directly with us or directly confirm with us that you provided the authorized agent permission to submit the request.

Information for Residents of Canada

This section contains additional information for residents of Canada. If you wish to request access to or correction of your personal information, request to opt-out of the processing of your personal information, or request that we delete your personal information, you may contact us at the information as provided in the Contact Us section below. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information

Information for Residents of the European Union (EU) and United Kingdom (UK)

This section provides additional information for residents of the EU and UK.

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

• Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form. 
• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended. 
• Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.  
• Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. 
• Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.
• Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent before the point in time when you withdraw your consent or processing of other information based on other legal bases.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at the contact details in the Contact Us section below. We will respond to your request consistent with applicable law. 

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

Information for Residents of Brazil

This section provides additional information for residents of Brazil.

As available and except as limited under applicable law, individuals in Brazil have the rights to request:

• Confirmation of processing of personal information;
• Access to your personal information;
• Correction of incomplete, inaccurate, or outdated personal information;
• Anonymization, blocking, or deletion of unnecessary, excessive data;
• Personal information portability to another service provider or product, upon express request;
• Deletion of personal information processed with your consent;
• Obtaining information about the entities with which Never Broke Again has shared your personal information;
• Information on the possibility of you not providing consent, as well as being informed about the consequences should you not give consent;
• Revocation of consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at the details provided in the Contact Us section below. We will respond to you request consistent with applicable law.

Information for Residents of Australia and New Zealand

If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access or update/correct your personal information, contact us as provided in the Contact Us section below. We will respond to you request consistent with applicable law.

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the Contact Us section below. If you submit a complaint, we will investigate your compliant and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify of the outcome of the investigation.

Information for Residents of the People’s Republic of China

This section provides additional information for residents of the People’s Republic of China.

International data transfer

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information may be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By using the Service, you consent to the transfer of personal information outside of the People’s Republic of China. 

Your Rights

To the extent required under applicable law, residents of the People’s Republic of China have the right of:

• Information. You have the right to request an explanation for how we process your personal information. We describe how we process personal information in this Privacy Policy. 
• Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended. 
• Deletion. Subject to some exceptions and in certain circumstances, you have the right to request that we delete personal information that we process about you.
• Restriction. You have the right to request that we limit or cease our processing of your personal information, unless laws or administrative regulations stipulate otherwise. 
• Portability. You have the right to request that we transmit the personal information we hold with respect to you to another personal information processor.
• Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time. Please note that if you withdraw your consent, this will not affect the lawfulness of our processing of your information on the basis of your consent before the point in time when you withdraw your consent, nor will it affect the processing of personal information conducted in reliance on lawful processing grounds other than consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above contact us as provided in the Contact Us section below. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint.

Contact Us

If you have any questions about this Policy, want to exercise a privacy right with respect to your personal information, or have a privacy-related complaint, you can contact us at info@neverbrokeagainllc.com. Please note, these are monitored for privacy-related requests only, and should not be used in connection with other inquiries.

 

Your rights under the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.

How to opt out

By clicking on the link below, we will no longer collect or sell your personal information. This applies to both third-parties and the data we collect to help personalize your experience on our website or through other communications. For more information, view our privacy policy.

Do not sell my personal information