Privacy Policy

ARIANNA MESSPLAY 33 PRIVACY NOTICE

Last updated on July 26, 2024

Arianna Messplay 33 (“AM33”, “we”, “us”, “our”) respects your privacy and is committed to protecting your Personal Information.  This Privacy Notice describes the types of Personal Information we collect and our practices for using, maintaining, sharing, and protecting it.  It also describes the rights and choices you may have with respect to your Personal Information and how you may contact us about our privacy practices.  This Privacy Notice applies to visitors to AM33 websites (including but not limited to www.ariannamessplay33.com and other AM33-owned websites that link to this Privacy Notice) (the “Sites”), as well as products and services (collectively, the Sites and other AM33 services are referred to as the “Services”).

For the purposes of this Privacy Notice, “you” and “your” means you as the user of the Services.

From time to time, AM33 may provide privacy notices related to specific products and services.  Those notices will govern the information collected in connection with those specific products and services.  Otherwise, this Privacy Notice will control.  If you have any questions about the applicable privacy notice, please contact us at ariannamessplay33@gmail.com and/or at 858-833-1371.

When using our Services, you may choose to interact with features from third parties that operate independently from AM33, such as social media widgets and links to third-party websites.  AM33 has no control over and is not responsible for the privacy practices of such third parties.  This Privacy Notice does not apply to the extent AM33 does not own or control any linked websites or features you visit or use.  We recommend that you familiarize yourself with the privacy practices of these third parties.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY USING, ACCESSING, OR DOWNLOADING ANY OF THE SERVICES, YOU AGREE TO THE USE OF YOUR INFORMATION IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY NOTICE.  IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT ACCESS AND USE THE SERVICES.

This Privacy Notice is not a contract and does not create any contractual rights or obligations.

1. UPDATING THIS PRIVACY NOTICE

This Privacy Notice may be updated periodically to reflect changes in our privacy practices.  We will post changes on this page and identify the date the privacy notice was last updated at the top of the page.  If you have provided an email address, you also may be notified by email at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law.  If a material change will apply to Personal Information we already have collected, we will additionally seek your consent in accordance with applicable law.  It is your responsibility to review the Privacy Notice from time to time to view any such changes.  IF YOU DO NOT ACCEPT AND AGREE TO THIS PRIVACY NOTICE, INCLUDING ANY CHANGES, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

2. TYPES OF PERSONAL INFORMATION WE COLLECT

In order to provide you with our Services, we may ask you to provide us with certain details or information about you.  We or our advertising partners also may automatically collect information through the use of cookies and other tracking technologies (see below). 

Personal Information that we collect through the Services may include:

  • Identifiers (such as name, email, phone number, mailing address, emergency contact information, signatures, IP address, online identifier, device identifiers, government-issued identification information, date of birth, age, gender, marital status, any other information you choose to submit to us through inquiries, messages, or other methods).

  • Internet and network activity (such as analytic data related to use of the Services, clickstream data, browsing history, ad or other site interactions).

  • Protected classifications (such as health and medical information, race, ethnicity, or similar data).

  • Commercial information (such as tax identification, financial account information, and payment information).

  • Geolocation data (such as GPS data and precise location).

  • Professional or employment information (such as current employer for HCP customers).

  • Inferences about you (such as profiles reflecting your preferences, characteristics, or behaviors).

 The Services may use “cookie” technology and similar online tools, such as web beacons and web pixels.  “Cookies” are small files that a website stores on a user’s computer or device. The Services may use cookies for various purposes, including to keep the information you enter on multiple pages together.  Some of cookies we use are “session” cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session.  Session cookies are used to optimize performance of the Services and to limit the amount of redundant data that is downloaded during a single session.  We also may use “persistent” cookies, which remain on your computer or device unless deleted by you (or by your browser settings).  We may use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our services.  We and third parties also may use session and persistent cookies for analytics and advertising purposes, as described herein.  Most web browsers automatically accept cookies, but you may set your browser to block certain cookies (see below).  In accordance with applicable law, we may obtain your consent separately before collecting information by automated means using cookies or similar devices.

The Services may use Google Analytics, a vendor’s service that uses cookies, web beacons, web pixels and/or similar technology to collect and store anonymous information about you, which may include non-Personal Information described above.  You can learn more about Google Analytics’ privacy policy and ways to opt out from Google Analytics tracking by visiting Google Analytics’ website.

The Services may use Adobe’s analytics and on-site personalization services, which use cookies, web beacons, web pixels and/or similar technology to collect and store information about you or your device or browser, which may include non-Personal Information described above. You can learn more about how Adobe may handle information collected through our use of its services, and your options for controlling this activity, by visiting Adobe’s website.

For more information about how we use Personal Information collected through tracking technologies and the ways you may be able to manage it, see below.

3. HOW WE COLLECT PERSONAL INFORMATION

We may collect Personal Information using the following methods:

  • Directly from you when you provide it to us (information you enter on our Sites, into web forms, inquiries, and messages).

  • From third parties, such as analytics, marketing, and email service providers.

  • Automatically through tracking technologies (cookies, web beacons, log files), including over time and across third-party websites or other online services.

For more information about how we use Personal Information collected through tracking technologies and the ways you may be able to manage it, see below.

 4. HOW WE USE YOUR INFORMATION

We may use your Personal Information for the following purposes:

  • Operate, maintain, and enhance the features of the Sites, including monitoring and analyzing the effectiveness of the content on the Sites, monitor aggregate site usage data and track other usage of the Sites.

  • Provide you with the Services and any related features or functions.

  • Provide you with a tailored and user-friendly experience as you navigate our website and other Services.

  • Promote and market the Services to you.

  • Communicate with you for administrative and other business purposes, including providing you information that you have requested. 

  • Conduct research on users’ demographics, interests, and behavior based upon information you provide during use of our Sites.

  • Anonymize and aggregate information for analytics and reporting

  • Carry out our legal and contractual obligations and enforcing our rights.

  • Comply with any applicable legal obligations.

  • Authenticate use, detecting potential fraudulent use, and otherwise maintain the security of the Services.

  • Develop, test, improve, and demonstrate the Services.

  • Protect and ensure the safety and security of our Services and users.

  • Short-term transient use.

  • Any other purpose with your consent.

5. HOW WE SHARE YOUR INFORMATION

We may share Personal Information with third parties in certain circumstances or for certain purposes, including:

  • For business purposes.  We may share your Personal Information with vendors and other service providers, including our data hosting and data storage partners, analytics providers, and customer service.  We also may share Personal Information with professional advisors, such as auditors, law firms, or accounting firms.

  • With your direction or consent. We may share your Personal Information with third parties if you request or direct us to do so. This includes your use of social media widgets on our website.

  • With affiliates within our corporate group. We may share your Personal Information with any subsidiaries within our corporate group.

  • Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.

  • In the context of a transaction. We may share your Personal Information connection with an asset sale, merger, bankruptcy, or other business transaction.

  • For other business reasons. We may also share your information to enforce any applicable terms of service, and to ensure the safety and security of the Services and/or our users.

 We also may disclose deidentified information without restriction. Note that if you make any Personal Information publicly available on the Services, anyone may see and use such information.

6. SOCIAL FEATURES

Certain features of the Services permit you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”).  Social Features include features that allow you to click and access AM33’s pages on certain third-party platforms, such as Facebook and Twitter, and from there to “like” or “share” our content on those platforms.  Use of Social Features may entail a third party’s collection and/or use of your data.  If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both AM33 and the third party may have access to information about you and your use of both the Services and the third-party service.

 

7. THIRD PARTY WEBSITES AND LINKS

Our Services may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party.  Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.  Any information submitted by you directly to these third parties is subject to that third party’s Privacy Notice.

 8. COOKIES AND INFORMATION USED FOR ADVERTISING

As discussed above, on our Services, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.  You may see certain ads on other websites because we participate in advertising networks.  Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means.  These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.  The information our ad networks may collect includes information about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our websites and on third-party websites that participate in the ad networks.  This process also helps us track the effectiveness of our marketing efforts.

Each type of web browser offers ways to restrict and delete cookies.  For more information on how to manage cookies visit the appropriate link below.

Microsoft Internet Explorer

Mozilla Firefox

Google Chrome

Apple Safari

You may disable or delete browser cookies through your browser settings.  Cookies generally are easy to disable or delete, but the method varies between browsers.  If you disable or delete cookies, or if you are running third-party software that intercepts or deletes cookies, please note that some parts of our websites may not work properly.

You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative’s (NAI) opt-out page and the Digital Advertising Alliance’s (DAA) opt-out page.

Your browser settings also may allow you to transmit a “Do Not Track” signal when you visit various websites. Our Services are not configured to respond to “Do Not Track” signals received from browsers.

If you have further questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below in the “How to Contact Us” section.

9. CHILDREN’S PRIVACY

AM33 Sites are not intended for children under 18 years of age, and we do not knowingly collect or sell Personal Information from children under 16.  If you are under 18, do not use or provide any information on this website or through any of its features, register, or make any purchases.  If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete it.  If you are the parent or guardian of a child under 18 years of age whom you believe might have provided us with their Personal Information, you may contact us using the below information to request that it be deleted.

10. DATA SECURITY

AM33 implements security safeguards to protect your Personal Information.  We take steps to secure Personal Information through administrative, technical, and physical safeguards designed to protect against the risk of accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.  Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential.

11. RETENTION OF PERSONAL INFORMATION

AM33 generally retains records only as long as necessary and as required for our business operations, for archival purposes, and/or to satisfy legal requirements.  When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature, and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements.  Because we maintain our websites and Services to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or put beyond use where deletion is not possible.

12. INTERNATIONAL USERS

The Services are designed for users in the United States only and are controlled and operated by AM33 from the United States.  Please do not use the Services if you are outside the United States.  Any information you provide to us through use of our Services may be stored and processed, transferred between and accessed from the United States and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. 

 

13. YOUR PRIVACY RIGHTS

You may have the rights listed below (“Data Subject Rights”) with respect to the personal information that we collect or process about you, however, these rights differ depending on your place of residency, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia. Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

  • Right to Confirm Processing, Access, and/or Obtain a Copy: If you ask us, we will confirm whether we are processing your Personal Information. Additionally, upon request, we will provide you with a copy of all Personal Information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.

  • Right to Amend: If you believe your Personal Information is inaccurate or incomplete, you may request that we correct it.

  • Right to Delete: You may request that we delete your Personal Information, but should note that this right is limited and subject to certain exceptions as prescribed by applicable law.

  • Right of Portability: You may request that we move, copy, or transfer the Personal Information that we hold about you to another organization.

  • Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your Personal Information. This includes general requests and requests in specific contexts, such as if we process Personal Information that is considered “sensitive” under applicable U.S. state laws or engage in certain automated decision-making activities.

  • Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based your Personal Information gathered over time and across other businesses, websites, applications, or services. Some jurisdictions may refer to this as “sharing.” You have the right to opt out of this practice.

  • Right to Opt Out of Sales: Some states may consider targeted advertising a “sale” of Personal Information. You may request that we not “sell” your Personal Information.

  • Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your Personal Information.

  • Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination. 

  • Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the country or state in which you live if you have any concerns about our processing of your Personal Information.

If you or your authorized agents would like to exercise a Data Subject Right, you may do so by following the instructions in “Contact Us” below. Please note that you may also login to your account to access and correct your account information at any time.

As required under applicable law, we must take steps to verify your identity before we fulfill your request. To verify your identity, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous interactions with us.

We will further verify and respond to your request consistent with applicable law. We may need to request additional Personal Information from you, such as your date of birth or government identifier, in order to protect against fraudulent requests.

Once your identity is verified, we will fulfill your request within the time required by law, unless we notify you that we require additional time to respond. We may deliver the requested information to you electronically or by mail at your option. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us by the information provided above to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.

14. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, please read this section for additional disclosures about how we collect, use, and disclose Personal Information under  the California Consumer Privacy Act (CCPA).

Collection of Personal Information in the Preceding 12 Months

We collect Personal Information as defined by the CCPA, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include deidentified or aggregate information, publicly-available information that is lawfully made available from federal, state, or local government records, and information covered by certain sector-specific privacy laws. 

AM33 may have collected the following categories of Personal Information about consumers in the 12 months preceding the date this Privacy Notice was last modified:

  • Identifiers

  • Categories of Personal Information described in California Civil Code §1798.80(e)

  • Characteristics of protected classifications under California or federal law

  • Commercial information

  • Internet or other electronic network activity information

  • Geolocation data

  • Professional or employment-related information

  • Inferences drawn from other Personal Information 

  • Sensitive Personal Information (government-issued identification numbers, precise geolocation, the contents of your communications with our customer service and support vendors, and the protected classifications and health-related information listed in Section 2)

See Section 2 for additional detail.

AM33 collects Personal Information from the following categories of sources:

  • Directly and indirectly from you, including through your interaction with the Services

  • Social media platforms

  • Third-party providers, such as analytics, advertising, or marketing providers

  • Service providers

  • Automatically through tracking technologies.

See Section 3 for additional detail.

For additional detail on how we use your Personal Information for business and commercial purposes, see Section 4.

Disclosure of Personal Information in the Preceding 12 Months

In the 12 months preceding the date of this Privacy Notice, AM33 has not shared Personal Information with third parties.

We do not use or disclose Sensitive Personal Information for purposes other than those specified in the CCPA.

See Section 5 for additional detail.

Requests Not to Sell or Share your Personal Information

Because we engage in the practice of  delivering online advertising that is tailored to your interests through the use of analytics and/or targeting cookies, we may “sell” and/or “share” your Personal Information as those terms are defined by the CCPA.  In the preceding 12 months, we may have “sold” or “shared” identifiers, commercial information, internet or electronic network activity information, and professional or employment-related information with data analytics, advertising networks, and/or social media networks.

California residents may also have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email ariannamessplay33@gmail.com or call us toll-free at 858-833-1371.

15. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Notice, or wish to submit a Data Subject Rights request, please email us at ariannamessplay33@gmail.com or contact us at 858-833-1371.

 

 

Terms & Conditions

Welcome to a website of Arianna Messplay 33 (“AM33”). By using the site and the services offered through the website, you agree to be bound by the following terms and all applicable laws and regulations (the “agreement”). If you do not agree to these Terms of Use, you are not permitted to use the site and the AM33 services offered in connection with the site.

NOTE: THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION WHERE PERMITTED BY LAW, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE WITH AM33, INCLUDING CLAIMS RELATED TO THE USE OF THIS WEBSITE AND THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, WHERE PERMITTED BY LAW. THESE TERMS OF USE ALSO INCLUDE A JURY WAIVER WHERE PERMITTED BY LAW. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.

The information provided on this website is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient's records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment. 

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical or mental condition. Neither the content nor any other service offered by or through this website is intended to be relied on for medical diagnosis or treatment, without a physician's interaction and involvement. Never disregard medical advice or delay in seeking it because of something you have read on this website or heard in connection with the services.

We make available to individuals (“Users”) certain services sold or offered by AM33 or by third-party vendors via our service. AM33 is not responsible for any actions, conduct or inaction by a third-party.

By using this website and the AM33 services and accepting this agreement, you acknowledge and agree that AM33 is not a healthcare provider and that by using the website and services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with AM33.

By accepting this agreement, you acknowledge and agree that AM33 may send you messages, reports, and emails. You understand and agree that AM33 is not responsible for the security or privacy of communications you receive.

By using the services through this website, you are establishing a direct customer relationship with AM33. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy, available here.

Fees and Payments

You agree to pay all fees due for services pursuant to these Terms and Conditions and all payment terms presented to you. Prices are subject to change at any point in our sole discretion. We use a third party payment processor (Acuity Scheduling) that will be linked to your credit card account or PayPal account. The processing of payments will be subject to the terms, conditions and privacy policies of Acuity Scheduling, in addition to these Terms and Conditions. Where applicable, you will be billed using the billing method you select through Acuity Scheduling. You can manage your account and payment method in your Acuity Scheduling profile. Fees paid by you are non-refundable, except as provided in these Terms and Conditions or when required by law. All fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will AM33 credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion. 

You understand and agree that you are responsible for all fees due. AM33 has no obligation to provide any services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information accurate and up to date at all times.

Notice Regarding Your Financial Responsibility for Services

AM33 is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (i.e., Medicare, Medicaid), or any commercial insurance plans, for the provision of any health care services or supplies and, as such, neither you nor AM33 may receive payment from such programs for the services provided to you. By choosing to proceed, you are specifically choosing to obtain services on a cash basis outside of any federal or state healthcare program or commercial insurance plan. Thus, you are solely responsible for the costs of any service provided to you.

Privacy

AM33 has adopted privacy practices and notices that describe how AM33 uses and discloses personal information. By accessing or using any part of AM33 services, you are acknowledging receipt of the privacy notices.

Use of Your Information and Personal Information

The information that you provide in connection with the services will be used by AM33 in connection with the administration of the services.  Furthermore, AM33 may use any information you provide for AM33’s internal purposes and to send you information about AM33 and its services.  AM33 will not share your information with any third party, except as necessary for the administration of the services or as required by law or legal process.  If you do not wish AM33 to send information to you about the services and AM33, you should not participate in the services.  By participating in the services, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Policy which can be found at: www.ariannamessplay33.com/privacy-and-terms-conditions. Privacy Policy link. By using the services, you agree to be bound by the terms of our Privacy Policy.

Disclaimers

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS". AM33, ITS AFFILIATES, ITS OWNERS AND EMPLOYEES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, AM33, AND ITS SUPPLIERS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR AM33, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. AM33 MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AM33, ITS AFFILIATES, ITS OWNERS AND EMPLOYEES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AM33 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. 

Any claims arising in connection with your use of the site or the services must be brought within one (1) year of the date of the event giving rise to such action occurred. 

As a resource to our visitors, this site may provide links to other web sites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. AM33 does not endorse the content on any third-party websites. AM33 is not responsible for the content of linked third-party sites, sites framed within the site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. 

Copyright

Everything that you read or see on the site is copyrighted or otherwise protected and owned by the AM33 or a third party who licensed or granted to AM33 the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the site may be copied or used except as provided in these Terms of Use or with the prior written approval of AM33. 

We grant you permission to print individual pages from the site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about the services offered by AM33. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

·       use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

·       remove any copyright, trademark or other proprietary notations from the materials; or

·       transfer the materials to another person or "mirror" the materials on any other server. 

We make no warranties or representations to you that your use of any materials or information displayed on the site will not infringe the rights of third parties. 

Unless otherwise indicated, all logos, names, designs, and marks on the site are trademarks or service marks owned or used under license by AM33. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of AM33 or any third party. 

Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any AM33 copyright. Except as expressly set forth on the site, if you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to AM33 free of charge and such information shall be deemed to be non-confidential and AM33 shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. AM33 shall be free to use any know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. This is true whether you submit such information to us by email, through a form on the site, on a bulletin board, or in any other manner.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the site. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the site any material which disrupts the normal operation of the site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the site. Through your usage of the site, you may submit and/or AM33 may gather certain limited information about you and your web site usage. We are free to use such information for any purpose we deem appropriate, including marketing purposes. 

Location

This site is intended for the exclusive use of residents of the USA. AM33 makes no representation that the materials on the site are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

Applicable Law

These Terms of Use are governed by the internal substantive laws of the State of Delaware, without resort to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You expressly agree that exclusive jurisdiction for any dispute with AM33, or in any way relating to your use of this site, resides in the courts of the State of Delaware. AM33 may modify these Terms of Use at any time without notice to you. AM33 may terminate this agreement, terminate your access to all or part of the site, or suspend any user's access to all or part of the site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the site and ceasing to use the site. 

Except as expressly provided in a particular "legal notice" on this site, these Terms of Use constitute the entire agreement between you and AM33 with respect to the use of this site, and content. Your use of this site is also subject to the Privacy Statement on this website. 

 

Arbitration Agreement and Class Action Waiver

Where permitted by law, you agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the services, this website or these Terms of Use. This mandatory arbitration provision applies to any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision) that may arise between you and AM33. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you.

 

Pre-Arbitration Dispute Resolution:  For all disputes, even if pursued in arbitration, you must first give AM33 an opportunity to resolve the dispute which is first done by emailing AM33 at ariannamessplay33@gmail.com  the following information: (1) Your name, (2) Your address, (3) A written description of our claim, and (4) A description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.


The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms and Conditions (despite any other choice of law provision). Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the “AAA”). The AAA rules are available at https://www.adr.org.  Any Notice of Arbitration should be emailed to us at the following email address: ariannamessplay33@gmail.com .  By agreeing to arbitration, and where permitted by law, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. You further agree that, whether a claim will be resolved in arbitration or in court, you waive any right to a jury trial involving any claims or disputes.

 

To the fullest extent permitted by applicable law, arbitration shall proceed solely on an individual basis without the right for any disputes to be arbitrated on a class action basis or on AMs involving claims brought in a purported representative capacity on behalf of others.  Disputes may not be joined or consolidated unless agreed to in writing by AM33.