TERMS AND CONDITIONS
Effective as of May 01, 2025
Welcome to Enby Meaning™ (“Company,” “we,” “us,” or “our”).
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Enby Meaning, concerning your access to and use of the website https://www.enbymeaning.com, as well as any other media form, channel, mobile website, application, communication service, digital product, or feature related or connected thereto (collectively, the “Site” or “Services”).
Enby Meaning LLC is a registered entity based in St. Petersburg, Florida, United States. By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and all applicable laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may update or revise these Terms at any time at our sole discretion. Changes will be indicated by an updated “Effective Date” at the top of this page. It is your responsibility to review these Terms regularly. Continued use of the Site after any such updates constitutes your acceptance of the revised Terms.
Some jurisdictions impose different consumer rights or restrictions. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws.
This Site is intended for users who are at least 18 years of age or the age of majority in their jurisdiction. Individuals under the applicable minimum age are not permitted to use or register for the Site.
TABLE OF CONTENTS
Agreement to Terms
Intellectual Property Rights
User Representations
Prohibited Activities
User Generated Contributions
Contribution License
Guidelines for Reviews
Submissions
Third-Party Websites and Content
Advertisers
Site Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether individually or on behalf of an entity (“you”), and Enby Meaning (“Company,” “we,” “us,” or “our”), regarding your access to and use of the website located at https://www.enbymeaning.com and any other digital properties, media forms, mobile applications, platforms, or services owned, operated, licensed, or controlled by us (collectively, the “Site” or “Services”).
By accessing or using the Site, you agree that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated by reference. If you do not agree to all of these Terms, you are expressly prohibited from using the Site or Services, and you must discontinue access and use immediately.
We reserve the right to revise or update these Terms at our sole discretion at any time. When we do, we will update the “Effective Date” at the top of this page. You waive any right to receive specific notice of each such change. It is your responsibility to review these Terms periodically to stay informed of updates. Your continued use of the Site after such changes constitutes your binding acceptance of the revised Terms.
These Terms apply regardless of the device or method by which you access the Site, and they govern all use of our Services, whether as a guest, registered user, contributor, customer, or subscriber.
The Services are not intended for and may not be used by individuals under the age of 18 (or the legal age of majority in your jurisdiction, if higher). By using our Services, you affirm that you are of legal age to enter into these Terms and that you have the authority to do so on behalf of yourself or any entity you represent.
Your use of the Site may also be subject to supplemental terms, guidelines, or policies posted on the Site or otherwise made available to you, which are hereby incorporated by reference. In the event of any inconsistency between these Terms and any supplemental terms, the supplemental terms shall govern to the extent of the conflict.
2. Intellectual Property Rights
Unless otherwise indicated, the Site and all content, materials, and functionality therein — including but not limited to source code, databases, software, website design, audio, video, text, photographs, graphics, blog posts, articles, and all trademarks, logos, service marks, and trade names (collectively, the “Content” and “Marks”) — are the intellectual property of Enby Meaning, or are licensed to us, and are protected by copyright, trademark, trade dress, moral rights, database rights, and other intellectual property or proprietary rights under the laws of the United States, New Zealand, the United Kingdom, the European Union, and other international jurisdictions.
The Content and Marks are provided on the Site “as is” for your personal, non-commercial use only, and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, reverse-engineered, translated, sold, or otherwise exploited for any commercial purpose without our express prior written permission or the permission of the relevant rights holder.
You are granted a limited, revocable, non-exclusive, non-transferable licence to:
Access and view the Site and its Content for your personal, non-commercial use only;
Download or print a copy of any portion of the Content to which you have lawfully gained access, solely for your own personal, non-commercial use, and provided you retain all copyright and proprietary notices.
This licence does not permit:
Any resale or commercial use of the Site or Content;
The collection or use of any product listings, descriptions, or prices;
Any derivative use of the Site or Content;
Any downloading or copying of account information for the benefit of another merchant;
The use of data mining, bots, spiders, or similar tools.
All rights not expressly granted to you in these Terms are reserved by us and our licensors. Nothing in these Terms or your use of the Site shall be construed as transferring or granting any right, title, or interest in or to our intellectual property, except the limited licence expressly set forth above.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that enforce limitations on the use of the Site or the Content. If you print, copy, modify, download, or otherwise use or provide access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
3. User Representations
By accessing or using the Site, you represent and warrant that:
Legal Capacity: You have the full legal right, authority, and capacity to enter into and be bound by these Terms of Use. If you are using the Site on behalf of an entity, you represent that you have the authority to bind such entity to these Terms.
Age Requirement: You are at least 18 years old, or the age of majority in your jurisdiction if higher. Persons under the age of 18 are not permitted to use or register for the Site.
Lawful Use: You will not access or use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction.
Truthful Information: All information you provide to us will be true, accurate, current, and complete, and you will maintain the accuracy of such information.
Non-Automated Access: You will not access the Site through automated or non-human means, whether via a bot, script, or otherwise, except as expressly permitted for public search engines under our robots.txt file.
No Prohibited Use: Your use of the Site will not infringe the rights of any third party, including intellectual property, privacy, or other proprietary rights, and will not violate any applicable local, national, or international law or regulation.
No Harmful Activity: You will not knowingly introduce viruses, malware, spyware, or any other harmful material that could disrupt or damage the Site or its users.
Compliance with Community Standards: Your use of the Site will comply with our community values, including respect, dignity, inclusivity, and safety for all users, especially those from LGBTQ+ and other historically marginalised communities.
We reserve the right to suspend or terminate your access to the Site or Services if we reasonably believe you have made a false representation, violated any applicable law, or breached these Terms of Use.
4. Prohibited Activities
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to engage in any activity that violates applicable laws, infringes on our rights or the rights of others, or is otherwise harmful, unethical, or disruptive to the Site or its users.
As a condition of your access and use of the Site, you agree that you will not:
Infringe Intellectual Property: Copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any part of the Site, Content, or Marks without our prior written permission or that of the relevant rights holder.
Reverse Engineer or Interfere: Decompile, disassemble, reverse engineer, or attempt to discover the source code or underlying structure of the Site or any software associated with it, except as expressly permitted by applicable law.
Use Automated Tools: Use any data mining, robots, scraping, crawling, or similar data gathering or extraction methods without our express written permission.
Disrupt or Overload: Engage in any conduct that could disable, overburden, impair, or interfere with the Site’s functioning or security, or with any other party’s use of the Site.
Bypass Restrictions: Circumvent or attempt to circumvent any security measures, access controls, or restrictions imposed on the Site or any related system, server, or network.
Upload Harmful Content: Transmit or distribute any viruses, worms, defects, Trojan horses, corrupted files, or any other items of a destructive nature.
Harass or Harm Others: Harass, stalk, defame, abuse, threaten, or incite violence against others, or promote hateful, discriminatory, or harmful conduct on the basis of race, gender, sexuality, religion, disability, or other protected characteristics.
Submit Unlawful or Objectionable Content: Post or transmit any content that is unlawful, obscene, offensive, defamatory, libellous, vulgar, sexually explicit, or otherwise objectionable.
Use for Unauthorised Commercial Purposes: Use the Site to advertise or sell goods or services without our prior written consent, including unsolicited marketing, affiliate schemes, or pyramid schemes.
Impersonate or Misrepresent: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person, entity, or organisation.
Exploit the Site: Use the Site for the purpose of creating a competing product or service or for benchmarking without our prior written consent.
Manipulate Data or Analytics: Misuse or manipulate analytics, usage metrics, or data derived from the Site for unauthorised purposes, including to falsify traffic or engagement figures.
Violate International Standards: Use the Site in a manner that would breach any applicable international, regional, or national sanctions, export controls, or human rights obligations.
Access Without Authority: Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, its server, or any system or network connected to the Site.
We reserve the right to investigate any suspected breach of this section and to cooperate fully with law enforcement or regulatory authorities. Violations of these Terms may result in termination of your access, legal action, or other remedies available under applicable law.
5. User-Generated Contributions
The Site may offer functionality that allows users to create, submit, post, display, transmit, publish, or distribute content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, testimonials, reviews, or other material (collectively, “Contributions”). Contributions may be visible to other users of the Site and through third-party platforms.
By submitting Contributions, you agree and warrant that:
You Own or Control the Rights: You are the creator or lawful rights holder of the Contributions, or you have all necessary licenses, consents, and permissions to use and to authorise us to use your Contributions as contemplated in these Terms.
No Infringement: Your Contributions do not infringe any third-party intellectual property or proprietary rights, including but not limited to copyright, trademark, patent, trade secret, or moral rights.
Lawful and Respectful Content: Your Contributions do not violate any applicable law or regulation, and are not defamatory, obscene, abusive, harassing, discriminatory, hateful, pornographic, or otherwise objectionable, nor do they incite violence or hatred.
No Malicious Code or Spam: Your Contributions do not contain any viruses, malware, unsolicited promotions, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Consent for Personal Content: Any identifiable person depicted in your Contributions has given express consent for the use of their name, likeness, or other identifiable features as required by applicable law.
No Misrepresentation: Your Contributions do not impersonate others or misrepresent your affiliation with a person or entity.
Age Appropriateness: Your Contributions are not targeted to or inappropriate for individuals under the age of 16, in compliance with applicable child data protection and advertising laws (e.g., COPPA, GDPR, NZ Privacy Act).
Public Nature of Submissions: You understand that Contributions you submit may be publicly visible and may be redistributed by us and others. We are not responsible for any use or misuse of your Contributions by third parties.
We reserve the right, in our sole discretion, to edit, remove, refuse to display, or otherwise manage Contributions that violate these Terms or that we deem inappropriate, illegal, or otherwise objectionable.
You remain solely responsible for your Contributions and agree to indemnify us against any claims arising from your breach of this Section or any applicable law.
6. Contribution Licence
By submitting or posting any Contributions to or through the Site, you hereby grant Enby Meaning LLC a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable right and licence to use, reproduce, adapt, publish, translate, prepare derivative works of, distribute, perform, display, and otherwise exploit such Contributions in any format or medium now known or hereafter developed, for any lawful purpose, including but not limited to commercial, promotional, or editorial use.
This licence includes the right to:
Use your name, username, pseudonym, social media handle, likeness, and any trademarks or personal identifiers submitted with your Contributions.
Store, cache, index, and archive the Contributions as part of the Site's functionality.
Share, promote, and re-use the Contributions across our affiliated websites, social media channels, newsletters, advertisements, and marketing campaigns.
You retain ownership of your Contributions and any intellectual property rights therein, subject to the rights granted to us under this licence.
You also waive, to the maximum extent permitted by applicable law, any and all moral rights you may have in your Contributions, including the right to be identified as the author and the right to object to derogatory treatment.
Important Notice: If you are located in the European Union, United Kingdom, Canada, or another jurisdiction where waiving moral rights is not fully enforceable, you agree not to assert those rights against us or our licensees, to the extent permissible.
We do not claim ownership of your Contributions, and you are free to use them elsewhere unless otherwise agreed in writing. However, we are not obligated to monitor or enforce your rights against third parties.
We are not liable for any use of your Contributions by third parties who access them through the Site or other publicly accessible means. You are solely responsible for securing any third-party permissions necessary for lawful use of your Contributions.
We reserve the right, but not the obligation, to review, monitor, edit, or remove Contributions at our sole discretion and for any reason, including for legal compliance or content moderation.
7. Guidelines for Reviews
We may provide you with areas on the Site to leave reviews, ratings, or testimonials (“Reviews”). When posting a Review, you agree to comply with the following standards and representations, which are designed to promote honest, respectful, and legally sound contributions.
By submitting a Review, you confirm that:
You have firsthand experience with the product, service, content, or person being reviewed.
Your Review is accurate, honest, and reflects your genuine opinion.
You are not affiliated with any competitors of the entity or individual being reviewed (if posting a negative Review), nor are you being paid or incentivised to leave a false Review.
Your Review:
Does not contain offensive, profane, defamatory, or unlawful content.
Does not include discriminatory references based on race, ethnicity, religion, gender, sexuality, age, disability, or any protected category under applicable law.
Does not contain threats, harassment, hate speech, or any incitement to violence.
Does not include private, confidential, or personally identifiable information about others without their express consent.
You are not organising or participating in any campaign to influence Reviews (positive or negative), whether through automation, mass posting, or coordination with others.
You are not impersonating any person or entity or misrepresenting your affiliation or identity.
Your Review complies with all applicable laws and regulations, including advertising and consumer protection laws (such as the FTC guidelines in the U.S., ASA codes in the UK, or equivalent standards in your jurisdiction).
Our Rights Regarding Reviews
We reserve the right, but not the obligation, to monitor, edit, reject, or remove Reviews at our sole discretion and for any reason, including if we believe a Review violates these Terms or any applicable law.
We do not assume liability for any content posted in Reviews and make no guarantees regarding the accuracy or reliability of any user-submitted Review.
By posting a Review, you grant us a perpetual, worldwide, royalty-free, non-exclusive, fully paid-up, transferable, and sublicensable licence to use, reproduce, modify, publish, translate, distribute, and display your Review in any media format for lawful purposes, including promotional or editorial use.
You waive, to the maximum extent permitted by law, any moral rights you may have in the Review content.
8. Submissions
By submitting any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our services ("Submissions"), whether through a contact form, email, survey, user forum, or other means, you acknowledge and agree that:
Submissions are non-confidential and non-proprietary, unless we have explicitly agreed in writing to treat a particular submission as confidential.
You grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Submissions (in whole or in part), including any ideas, inventions, concepts, techniques, or know-how contained therein, in any form, media, or technology now known or hereafter developed, for any lawful purpose, including commercial purposes, without acknowledgment or compensation to you.
You waive any moral rights or similar rights under applicable law you may have in the Submissions, to the fullest extent permissible.
You represent and warrant that:
You are the original creator of the Submission, or you have the legal right and authority to submit it.
The Submission does not violate any intellectual property rights, confidentiality obligations, or privacy rights of any third party.
The Submission does not contain unlawful, offensive, or defamatory content, nor does it include any viruses or malicious code.
You agree not to submit any unsolicited proposals or ideas for products, services, advertising, promotions, or technologies. If you do so, you understand that:
We are under no obligation to review or consider such submissions.
We may independently develop or already be developing similar ideas.
You are not entitled to any compensation or credit for such ideas, even if we later adopt something similar.
We assume no responsibility for Submissions and shall not be liable for any use or disclosure of any Submissions you provide. You are solely responsible for the content and legality of anything you submit to us.
9. Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites or resources operated by third parties (“Third-Party Websites”) as well as content, information, software, widgets, plugins, or other materials originating from third parties (“Third-Party Content”).
We do not monitor, investigate, or control such Third-Party Websites or Third-Party Content and are not responsible for their availability, accuracy, legality, appropriateness, or any other aspect thereof. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our endorsement or approval.
By accessing a Third-Party Website or engaging with Third-Party Content, you acknowledge and agree that:
You do so at your own risk and discretion, and you should review the applicable terms of use, privacy policies, and practices of any such third party.
We are not liable for any harm, damage, loss, or alleged wrongdoing caused by or arising from your access to or use of any Third-Party Website or Third-Party Content, including any reliance on their accuracy, completeness, or reliability.
Your use of such resources is governed solely by the third party’s own terms, and any transactions you enter into with such third parties are solely between you and them.
We expressly disclaim all responsibility for any products, services, or content that may be obtained through Third-Party Websites or linked Third-Party Content, and you agree to hold us harmless from any claims, damages, or liabilities related to such interactions.
If you choose to leave the Site and access Third-Party Websites, or use or install any Third-Party Content, these Terms no longer apply, and we are not responsible for your interactions or outcomes associated with those third parties.
Third-Party Integrations: The Site may include integrations with third-party platforms (e.g., embedded video players, payment processors, social media widgets). These functionalities may allow the third party to collect certain data about you and may be governed by that third party’s terms and privacy policy. We are not responsible for the data practices of these parties.
10. Advertisers
We may allow advertisers to display advertisements, promotions, affiliate links, or sponsored content in designated areas of the Site, including but not limited to banners, sidebars, embedded posts, or native content placements (“Advertisements”).
By interacting with these Advertisements, you acknowledge and agree that:
Responsibility for Advertisements
The advertiser is solely responsible for the content, accuracy, legality, and representations made in any Advertisement. We do not independently verify or endorse the claims made in such Advertisements.No Endorsement
Inclusion of an Advertisement on the Site does not constitute our endorsement or recommendation of the advertised product, service, company, or viewpoint. Any reliance you place on such content is strictly at your own risk.Transactions with Advertisers
Any purchases or transactions made in connection with Advertisements are solely between you and the applicable advertiser. We are not a party to, and shall not be held liable for, any loss, damage, or claims arising from such transactions or your dealings with advertisers.Advertiser Obligations
If you are an advertiser, you represent and warrant that you have all legal rights, licenses, and authority to display advertisements on the Site. You further agree to comply with all applicable advertising, marketing, and consumer protection laws and regulations.Content Standards
Advertisements must not contain misleading, false, defamatory, infringing, obscene, or otherwise objectionable material, nor promote any illegal products, services, or activities. We reserve the right to reject, remove, or request modification of any Advertisement at our sole discretion.Affiliate Disclosures
Some advertisements may contain affiliate links. This means we may earn a commission when you click on or purchase through those links. All affiliate relationships are disclosed in accordance with FTC, UK CMA, and other relevant guidelines.No Warranty
We do not guarantee the results or benefits of any product or service advertised, and disclaim all warranties related to Advertisements and related offerings.
11. Site Management
We reserve the right, but not the obligation, to take any or all of the following actions, at any time and without notice, in our sole discretion, to ensure the integrity, security, and lawful use of the Site and its associated systems:
Monitoring
Monitor the Site for violations of these Terms and Conditions, our Privacy Policy, or any applicable laws or regulations.Legal Action
Take appropriate legal action against any user who, in our sole judgment, violates these Terms or any applicable law. This may include, but is not limited to, reporting such conduct to law enforcement authorities or regulatory agencies.Restricting Access
Refuse, restrict, limit, suspend, or terminate your access to the Site (or any part thereof) if we determine that you have breached these Terms or pose a risk to the Site or its users.Content Removal
Remove or disable access to any files, contributions, or content from the Site that, in our judgment, is excessive in size, in violation of these Terms, or otherwise burdensome to our infrastructure or harmful to the user experience.Technical Maintenance
Perform system maintenance or updates to the Site’s features, infrastructure, or backend operations, which may result in temporary interruptions, delays, or loss of access. We are not liable for any disruption or data loss resulting from such maintenance.Enforcement and Cooperation
Cooperate fully with legal or regulatory investigations, including disclosing information in accordance with our Privacy Policy and applicable data protection laws (e.g., GDPR, CCPA, NZ Privacy Act).User Accountability
Track and log usage for audit, security, and compliance purposes, as well as to enforce our Terms and detect fraudulent or harmful behaviour.
Disclaimer:
We are not obligated to monitor all user activity or content on the Site, and we do not guarantee that violations will be addressed or prevented. However, we reserve the right to enforce these Terms to the fullest extent permitted by law.
12. Privacy Policy
We are committed to protecting your privacy and the security of your personal information in accordance with international privacy laws, including but not limited to the General Data Protection Regulation (GDPR), UK GDPR, California Consumer Privacy Act (CCPA/CPRA), New Zealand Privacy Act 2020, and other applicable laws in jurisdictions where users access the Site.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
Our Privacy Policy explains:
What information we collect
How we use and store your data
The legal basis for processing your information
Your rights and choices under applicable data protection laws
How we protect your data
How you can contact us with privacy-related inquiries
Please be aware that the Site is hosted in the United States. If you access the Site from outside the United States, your data may be transferred to, stored in, and processed in a jurisdiction that may not offer the same level of data protection as your home country. By continuing to use the Site, you acknowledge and consent to such international data transfers as detailed in our Privacy Policy.
If you do not agree with the terms of our Privacy Policy, you must discontinue your use of the Site immediately.
13. Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site and Services.
We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms, the Privacy Policy, or of any applicable law or regulation. We may terminate or suspend your access to the Site or any portion thereof, or delete any content or information that you submitted at any time, without warning and in our sole discretion.
If we terminate or suspend your account or access to the Site for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party—even if you may be acting on behalf of the third party. This restriction applies whether the registration is manual or automated.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
You may also terminate these Terms at any time by ceasing all access to the Site. Upon termination, the following provisions shall survive: Intellectual Property Rights, User Generated Contributions, Contribution License, Submissions, Dispute Resolution, Disclaimers, Limitations of Liability, Indemnification, and any other provision which by its nature should survive termination.
14. Modifications and Interruptions
We reserve the right to modify, suspend, or discontinue the Site or any Services or Content therein at any time and for any reason, without prior notice and without liability to you.
We may update or revise content on the Site to reflect changes in our offerings, operations, or legal obligations, but we are under no obligation to do so. You agree that it is your responsibility to monitor changes to the Site and to review these Terms regularly for updates.
We cannot guarantee the Site will be available at all times. You understand and agree that the Site may be subject to delays, interruptions, or errors due to:
Scheduled or emergency maintenance;
Network or server failures;
Acts of nature or force majeure;
Cyberattacks, misuse, or unauthorised access;
Third-party service interruptions or outages.
We will not be liable to you or any third party for any modification, suspension, discontinuation, or unavailability of the Site or Services, whether temporary or permanent.
You acknowledge and agree that we have no obligation to maintain or support any part of the Site or to provide any corrections, updates, or releases, except as required by applicable law.
15. Governing Law
These Terms and Conditions, and your use of the Site and Services, are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
However, if you access the Site from a jurisdiction outside the United States, additional rights or protections may apply to you under your local laws. We do not seek to exclude or limit such protections where it would be unlawful to do so.
If you are located in New Zealand, you may also have rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020. Nothing in these Terms is intended to exclude or limit your rights under New Zealand law where such exclusion or limitation would be unlawful.
Any disputes arising in connection with our New Zealand-based operations that are not subject to arbitration or resolved informally may be brought before the appropriate courts of New Zealand, unless otherwise required by applicable law.
If you are a consumer resident in a country with consumer protection laws that require a different governing law or dispute resolution venue (such as the United Kingdom, Canada, the European Union, or Australia), you may be entitled to the benefit of those mandatory local laws, and nothing in these Terms affects your statutory rights as a consumer.
By accessing or using the Site, you agree that:
Any disputes arising out of or relating to these Terms or the Services that are not resolved through informal means or arbitration (where applicable) shall be brought exclusively in the courts located in Pinellas County, Florida, or the appropriate courts of New Zealand, unless otherwise required by applicable law.
You waive any objection to venue or jurisdiction that you may otherwise have under principles of conflict of laws or forum non conveniens.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use or the Site (each, a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute informally for at least forty-five (45) days before initiating arbitration or court proceedings. Informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration (United States)
If informal resolution fails and you are a resident of the United States, you agree that any Dispute (except those expressly excluded below) shall be resolved exclusively and finally through binding arbitration.
You acknowledge that without this provision, you would have the right to bring an action in court and to have a trial by jury. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and, where applicable, its Consumer Arbitration Rules.
Venue: Arbitration shall be held in Pinellas County, Florida, unless otherwise agreed by the Parties or required by law.
Form: Arbitration may proceed in person, online, by phone, or via written submissions.
Fees: Arbitration fees and arbitrator compensation shall follow AAA rules, and may be limited based on your financial circumstances or jurisdiction.
The arbitrator shall issue a reasoned written decision and must follow applicable law. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions to Arbitration
The following Disputes are not subject to arbitration:
Enforcement, protection, or validity of intellectual property rights;
Allegations of data misuse, privacy violations, fraud, or unauthorized access;
Claims seeking injunctive or equitable relief;
Claims that must be heard in specific venues under applicable consumer law (e.g., EU or NZ dispute mechanisms).
If any portion of this clause is deemed unenforceable, the Dispute shall be resolved by a competent court as set out below.
International Users
We recognise that users in other jurisdictions may have rights under local laws that prohibit binding arbitration or require alternate consumer resolution procedures.
EU and EEA Residents: You may be entitled to resolve consumer disputes through the EU Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr. This platform facilitates cross-border online dispute resolution under EU Regulation No 524/2013.
New Zealand Residents: If you are located in Aotearoa New Zealand and the issue involves consumer goods, digital services, or misrepresentation, you may lodge a claim through the New Zealand Disputes Tribunal or pursue resolution under the Consumer Guarantees Act 1993. We will engage in such processes in good faith where applicable.
Other Jurisdictions: If arbitration is unenforceable in your location, Disputes may be brought in your local small claims court or equivalent consumer forum, where legally required.
We will comply with applicable consumer protection and dispute resolution laws in any jurisdiction where our Services are offered.
Court Proceedings (If Not Arbitrated)
If arbitration is unavailable or unenforceable, any Dispute shall be submitted to the state or federal courts located in Pinellas County, Florida, unless otherwise required by law. The Parties consent to personal jurisdiction and waive all objections regarding forum or venue to the fullest extent permitted by law.
Class Action and Collective Proceeding Waiver
To the fullest extent permitted by law, you and the Company agree that all Disputes shall be resolved on an individual basis only. Class actions, mass arbitrations, and representative proceedings are expressly waived. You may not bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.
17. CORRECTIONS
We make reasonable efforts to ensure the accuracy and completeness of the information provided on the Site. However, the Site may occasionally contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, contact information, policies, or other content.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time and without prior notice. This includes information related to products, services, and third-party offers. Such corrections may apply even after you have submitted an order, inquiry, or form, and we reserve the right to cancel or refuse any such transactions in accordance with applicable law.
You acknowledge that:
We are under no obligation to monitor or update information on the Site unless legally required.
Certain content may become outdated and is provided for reference only.
We disclaim liability for reliance on any content that may contain errors unless such liability is imposed by mandatory consumer protection laws in your jurisdiction (e.g., the NZ Fair Trading Act 1986 or EU Unfair Commercial Practices Directive 2005/29/EC).
If you believe that content on the Site is inaccurate or misleading, please contact us at legal@enbymeaning.com and we will review the concern promptly.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SECURITY, OR COMPLETENESS.
We make no warranties or representations about:
The accuracy, reliability, or completeness of the Site’s content;
The availability, uptime, or uninterrupted functionality of the Site;
The results that may be obtained from the use of the Site;
The content of any websites linked to or from the Site;
That the Site or servers are free of viruses, malware, or harmful components.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, including but not limited to:
Errors or omissions in content or data;
Personal injury or property damage resulting from your use of the Site;
Any unauthorised access to or use of our servers or any personal/financial information stored therein;
Any interruption or cessation of Site functionality;
Any bugs, viruses, trojan horses, or similar issues transmitted via or through the Site by any third party;
Any third-party websites or services linked to the Site;
Any transactions or interactions between you and third-party advertisers, affiliates, or users.
NO ENDORSEMENT OR WARRANTY IS MADE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY VIA THE SITE, whether via banners, affiliate links, or embedded content.
Some jurisdictions (such as New Zealand, the United Kingdom, or certain U.S. states) do not allow limitations on implied warranties or the exclusion of certain liabilities. In such cases, the limitations above shall apply to the fullest extent permitted by applicable law, and your statutory rights remain unaffected.
If you are using the Site from a jurisdiction with mandatory consumer protection laws (e.g., New Zealand’s Consumer Guarantees Act 1993 or the UK Consumer Rights Act 2015), nothing in this section is intended to limit your statutory rights under those laws.
19. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES**, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR OTHER DAMAGES ARISING FROM:
YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
UNAUTHORISED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT OR DATA;
ANY ERRORS OR OMISSIONS IN SITE CONTENT OR SERVICES;
USE OR RELIANCE ON ANY CONTENT OBTAINED THROUGH THE SITE;
ANY OTHER MATTER RELATING TO THE SITE OR OUR SERVICES.
This limitation applies regardless of whether the alleged liability is based in contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:
THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR
ONE HUNDRED U.S. DOLLARS (US $100.00).
Some jurisdictions—such as New Zealand, the United Kingdom, the European Union, or U.S. states like California—do not allow the exclusion or limitation of certain damages, including those arising from gross negligence, wilful misconduct, or violation of consumer protection statutes. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law, and certain limitations or exclusions in this section may not apply to you.
This section shall survive termination of these Terms of Use and your access to the Site.
20. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Enby Meaning LLC and its current and future subsidiaries, affiliates, directors, officers, employees, agents, contractors, partners, licensors, service providers, successors, and assigns (collectively, “we”, “us”, or “our”) from and against any and all claims, liabilities, damages, losses, demands, disputes, actions, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way related to:
your access to or use of the Site or Services;
your Contributions or Submissions;
your breach or alleged breach of these Terms of Use or any applicable law, regulation, or third-party rights;
your violation of the rights of another, including intellectual property, privacy, or publicity rights;
your misuse of any products, services, or third-party content made available via the Site;
any overt harmful act toward any other user or third party with whom you interacted via the Site.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, and you agree to cooperate fully at your expense with our defence of such claims.
You may not settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
This indemnification clause survives the termination of these Terms and your use of the Site.
21. USER DATA
We maintain certain data that you transmit to the Site for the purpose of managing Site performance, ensuring security, improving user experience, and fulfilling our contractual and legal obligations. This may include but is not limited to:
Account registration information
Communication logs
Transactional data (e.g., purchase or donation records)
Website analytics and usage patterns
While we conduct regular backups of data and implement appropriate technical and organisational safeguards in accordance with applicable laws (including the New Zealand Privacy Act 2020, GDPR, UK GDPR, and CCPA/CPRA), you are solely responsible for any data that you transmit or that relates to any activity you have undertaken using the Site.
To the extent permitted by law, you agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption. This includes, but is not limited to, loss caused by system failure, cyberattack, natural disaster, or unauthorised access.
If you believe your data has been improperly accessed or lost, please contact us immediately at legal@enbymeaning.com so that we may investigate and, if required, notify the appropriate supervisory authorities or affected users in accordance with our legal obligations.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, filling out forms, or interacting with our services constitute electronic communications. By using the Site and communicating with us electronically, you consent to receive such communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically—whether via email, on the Site, or through third-party platforms—satisfy any legal requirement that such communication be in writing.
You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
You also agree that:
You will not challenge the validity or enforceability of any contracts, records, or communications signed or delivered electronically on the basis that they are in electronic form.
You waive any rights under laws requiring non-electronic signatures, records, or delivery, including statutes in jurisdictions such as the United States (including the E-SIGN Act), New Zealand, the United Kingdom, European Union Member States, and others.
This provision applies to any agreement entered into between you and Enby Meaning LLC, and to any future amendments, modifications, or renewals of such agreements.
Please ensure that your contact details and email address remain up to date to continue receiving important communications from us electronically.
23. MISCELLANEOUS
These Terms and Conditions, along with our Privacy Policy and any other legal or policy notices posted by us on the Site, constitute the entire agreement and understanding between you and Enby Meaning LLC with respect to your access to and use of the Site.
No waiver of any provision or right under these Terms will be effective unless in writing and signed by us. Our failure to enforce any provision or exercise any right shall not operate as a waiver of that or any other provision or right.
These Terms operate to the fullest extent permissible by applicable law. We may assign or transfer any or all of our rights and obligations under these Terms to others at any time without notice or consent. You may not assign or transfer your rights or obligations without our prior written consent.
We shall not be responsible or liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, embargoes, labour strikes, telecommunications failures, or governmental actions.
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be severed from these Terms without affecting the validity or enforceability of any remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and Enby Meaning LLC as a result of these Terms or your use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
You waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of physical signing by the parties to execute these Terms.
24. CONTACT US
If you have questions, feedback, concerns, or wish to exercise any legal rights relating to these Terms and Conditions or your use of the Site, you may contact us by any of the following methods:
By Email:
Enby Meaning LLC
Attn: Legal & Compliance Team
📧 legal@enbymeaning.com
Via Website Contact Form:
🌐 https://www.enbymeaning.com/contact
By Post (U.S. Legal Correspondence):
Northwest Registered Agent LLC
Attn: Enby Meaning LLC
📮 7901 4th St N, STE 300
St. Petersburg, FL 33702
United States
By Post (New Zealand Operational Inquiries):
Enby Meaning (NZ Operations)
📮 [Insert your physical NZ business address]
Wellington, New Zealand
We aim to respond to all legally valid inquiries within the timeframes required by law.
FINAL STATEMENT
By using this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. Your continued use of the Site constitutes your acceptance of any future updates to these terms.
If you do not agree to these Terms, you must cease use of the Site and its associated services immediately.