Terms of Service
Last Updated on July 21, 2025
PURPOSE OF THIS AGREEMENT
Welcome to Unrefined LLC, Unrefinedpodcast.com, UnrefinedMercantile.com,
Unrefined.app. This Agreement sets forth your rights and obligations as a Unrefined LLC User.
By clicking “I Agree,” You indicate that You have read and understood this Agreement and You
will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR
SUBSCRIBING OR PLACING AN ORDER OVER UNREFINEDPODCAST.COM,
UNREFINEDMERCANTILE.COM OR UNREFINED.APP AS THESE TERMS
CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
(see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR
YOUR RECORDS.
The use of Unrefinedpodcast.com, UnrefinedMercantile.com, and/or Unrefined.app (hereafter
“Website”), which is owned and maintained by Unrefined LLC (“Unrefined LLC,” “we,” “our,”
“us”), is governed by the terms and conditions set forth below. We offer the Website, including
all information, tools, and services available from the Website to you, the user, conditioned upon
your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or
placing an order over the Website, you and your business agree to the terms set forth herein. If
you do not agree to these terms and conditions in their entirety, you are not authorized to
use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE
(“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY
BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS
(“YOU”) AND UNREFINED LLC THIS AGREEMENT GOVERNS YOUR ACCESS TO AND
USE OF THE WEBSITE AND THE SERVICES PROVIDED BY UNREFINED LLC, ANY
ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER
ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR
ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE
THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A
JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION
IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
UNLESS SPECIFIED BELOW IN SECTION 18.
Unrefined LLC reserves the right to update and change, from time to time, these Terms and
all documents incorporated by reference by posting updates and/or changes to our
Website. It is your responsibility to check this page periodically for changes. You can find
the most recent version of these Terms at Terms of Service. Use of the Website after such
changes constitutes acceptance of such changes. Any new features or tools which are added
to the current Website shall also be subject to the Terms.
Table of Contents
1. Website Use
2. Website User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-
Party Agency Accounts
5. Order Placement and Acceptance
6. Refunds for Hard Goods
7. Automatic Enrollment and Payment, and Cancellation
8. Subscription Terms and Automatic Payment
9. Shipping Fees
10. Products, Services, and Prices Available on the Website
11. Important Disclosures
12. Testimonials, Reviews, and Pictures/Videos
13. DISCLAIMERS OF OTHER WARRANTIES
14. LIMITATIONS OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
16. Unrefined LLC Additional Remedies
17. Indemnification
18. Notice and Takedown Procedures; Copyright Agent
19. Third-Party Links
20. Termination
21. No Waiver
22. Governing Law and Venue
23. Force Majeure
24. Assignment
25. Electronic Signature
26. Changes to the Agreement
27. Your Additional Representations and Warranties
28. Severability
29. Entire Agreement
30. Contacting Us
31. Data Privacy Shield
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are
affirming that you are at least 18 years old or the legal age of majority in your state or province of
residence (whichever is greater), operate a business, have the legal capacity to enter into a binding
contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other
intellectual property laws, including all content, information, design elements, text material, logos,
taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and
audio clips, and downloads. No material on the Website may be copied, reproduced, distributed,
republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Unrefined LLC
trademark and logo are proprietary marks of Unrefined LLC, and the use of those marks is strictly
prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce,
or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade
dress, trade secret, or confidential information owned by Unrefined LLC.
Subject to your continued strict compliance with all Terms, Unrefined LLC provides to you a
revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to
use the Website. You acknowledge and agree that you do not acquire any ownership rights in any
material protected by intellectual property laws.
If you purchase a subscription to Unrefined LLC software over the Website, Unrefined LLC
provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license
to use the software. You acknowledge and agree that: (1) the software is copyrighted material
under United States and international copyright laws that is exclusively owned Unrefined LLC;
(2) you do not acquire any ownership rights in the software; (3) you may not modify, publish,
transmit, participate in the transfer or sale, or create derivative works from the content of the
software; (4) except as otherwise expressly permitted under copyright law, you may not copy,
redistribute, publish, display or commercially exploit any material from the software without the
express written permission of Unrefined LLC; and (5) in the event of any permitted copying (e.g.,
from the Website to your computer system), no changes in or deletion of author attribution,
trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Unrefined LLC,
whether alone, or in conjunction with other software or hardware, in any unlawful manner or a
manner harmful to Unrefined LLC. You further agree not to commit any harmful or unlawful act
or attempt to commit any harmful or unlawful act on or through the Website or through use of any
software or hardware including, but not limited to, refraining from:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law;
infliction of harm to Unrefined LLC’ reputation; hacking and other digital or physical attacks on
the Website; and the violation of the rights of Unrefined LLC or any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for
spam and unsolicited communications. Any communications sent or authorized by you reasonably
deemed “spamming,” or any other unsolicited solicitations (including without limitation postings
on social media or third-party blogs) will be deemed a material threat to Unrefined LLC’s
reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all
business communications comply with state and local anti-spamming or analogous laws.
C. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists
or other content you upload to any website, software, or other electronic service hosted, provided
by or connected to Unrefined LLC, any of the following information: social security numbers,
national insurance numbers, credit card data, passwords, security credentials, bank account
numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal
information. Your submission of personal information through the Website is governed by our
Privacy Statement. Our Privacy Statement may be viewed at UnrefinedPodcast.com, Unrefined
LLC reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-
time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS;
PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Unrefined LLC user, you will be required to create an account with Unrefined LLC.You
warrant that the information you provide us is truthful and accurate, and that you are not
impersonating another person. You are responsible for maintaining the confidentiality of any
password you may use to access your Unrefined LLC user account, and you agree not to transfer
your password or username or lend or otherwise transfer your use of or access to your user account,
to any third party. So called “agency accounts,” or accounts in which you host funnels for third
parties, are prohibited. Should your usage data indicate, in Unrefined LLC’ sole and exclusive
discretion, that you are operating an agency account, you will be subject to cancellation of your
Unrefined LLC user account or enhanced pricing for your Unrefined LLC user account, at
Unrefined LLC’ sole and exclusive discretion. You are fully responsible for all transactions with,
and information conveyed to, Unrefined LLC under your user account. You agree to immediately
notify Unrefined LLC of any unauthorized use of your password or user-name or any other breach
of security related to your user account. You agree that Unrefined LLC is not liable, and you will
hold Unrefined LLC harmless, for any loss or damage arising from your failure to comply with
any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is
accepted. We may require additional information regarding your order if any required information
was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your
electronic order confirmation, or any form of confirmation, does not signify our acceptance of your
order. You must contact us immediately at [email protected] in order to modify or
cancel your pending order. We cannot guarantee that we will be able to amend your order in
accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected
availability date, and may offer you an alternative product or service. If the availability of any
product or service is delayed and you do not wish to substitute the product or service, upon your
request, we will cancel your order and if previously charged, your payment card will be fully
refunded for that specific order. We reserve the right to limit the sales of our products and services
to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case
basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your
acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from
Unrefined LLC or any related brands, you may receive a limited refund if you comply with the
following conditions:
1. You must request a refund in writing by contacting [email protected]
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Unrefined LLC immediately, according to the shipping
and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Unrefined LLC in like-new, or re-sellable condition,
as determined in Unrefined LLC’ sole, reasonable discretion.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you
must contact us at least 24 hours before your free trial period ends by submitting a
cancellation request to us via our support email address [email protected]. If you
do not contact us at least 24 hours before your free trial period ends to cancel, your
subscription will automatically continue and the payment card that you provided at the time
of enrollment online will be charged the full Unrefined LLC monthly membership
subscription rate provided at the time of enrollment each month until you cancel. Unrefined
LLC can change the monthly membership subscription rate at any time. If the membership
subscription rate changes after you subscribe, we will notify you by e-mail and give you an
opportunity to cancel.
If you wish to cancel your Unrefined LLC subscription (including subscriptions for services) at
any time after a free trial or discounted period ends, you must submit a cancellation request to us
via our support email address [email protected]. OR for online cancellation use:
https://billing.stripe.com/p/login/cN2aEP0ncf0c6DC7ss and the email address you used to
subscribe. For monthly subscriptions (including subscriptions for services), we require at least
ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days
before the first day of your next subscription month, your credit card may still be charged. You
will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any
payments to Unrefined LLC. Unrefined LLC in its sole discretion may charge a cancellation fee
equal to the amount the subscription was discounted.
Important:
Unrefined LLC Book Orders
Please allow 10-14 business days to receive your free book.
To receive your order, you must pay a one-time shipping and handling fee of $8.95. A single copy
of Unrefined LLC book is free when you cover the cost of shipping. Additional shipping may
apply for rush shipping or additional products ordered.
I'm so confident that you’ll love my book that I am giving you a 100% Satisfaction GUARANTEE!
If you don’t love it, I will refund your shipping and handling cost and let you keep the book
anyway! That’s right. You don’t even need to send anything back. Just call customer service and
I’ll give you back your shipping cost - no questions asked.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Unrefined LLC user is responsible for paying all sums due to Unrefined LLC in connection with
their monthly subscription in accordance with these Terms. The first fee payable in accordance
with these Terms is due when the user account is set up and payment of the monthly fee is a
condition of access, or after your free trial ends and you have not canceled the automatic
subscription with us. Every calendar month, your account will be charged the subscription fee
plus applicable tax for the following month’s subscription, together with any other fees for the
following month’s subscription plus any accumulated charges for the past period (collectively,
“Fees”). Failure by Unrefined LLC user to use any of the services available through the service
provided by Unrefined LLC does not relieve Unrefined LLC user of their payment obligations
under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us
through our secure financial data collection mechanism. You acknowledge and agree that we hold
data relating to the transaction, including the last four digits and the expiration date of the card
used to purchase the products or services together with details on when payment is due. You
further acknowledge and agree that payments are due on a recurring basis in accordance
with the payment terms for the specific service purchased (unless the subscription is
cancelled in accordance with these Terms) and therefore authorize the automatic payment
collection terms applicable to that specific service (e.g., on a monthly basis and for a specific
amount).
IF YOU ARE A UNREFINED LLC USER WITH A MONTHLY SUBSCRIPTION AND YOU
HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN
ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY
PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY)
AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE
TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO
UNREFINED LLC, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY
E-MAILING UNREFINED LLC. AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF
YOUR NEXT SUBSCRIPTION MONTH.
Unrefined LLC reserves the right to immediately terminate a user’s account and/or service for any
unpaid (in whole or part) period of the subscription (with or without notice). Termination of
service in no way relieves or excuses the user from any obligation to pay outstanding charges or
expenses. In the event Unrefined LLC starts collection processes of any type, you will be liable
for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, Unrefined LLC may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product,
we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise
stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time
after receipt of your properly completed and verified order. Accurate shipping address and phone
number information is required. Although we may provide delivery or shipment timeframes or
dates, such dates are good-faith estimates and are subject to change. If your order will be delayed,
we will contact you at the e-mail address you provided when placing your order. If we are unable
to contact you or you would like to cancel your order, we will cancel the order and refund the full
amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay
in shipment or delivery caused by any third-party carrier or other delivery service not owned or
controlled by us. The risk of loss and title for such items pass to you upon our delivery to any
third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change:
UnrefinedPodcast.com, UnrefinedMercantile.com and/or Unrefined.app. Unrefined LLC reserves
the right, without notice, to discontinue products or services or modify specifications and prices
on products and services without incurring any obligation to you. Except as otherwise expressly
provided for in these Terms, any price changes to your subscription or purchase of product(s) or
services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By
accessing, using, subscribing, or placing an order over the Website, you authorize Unrefined LLC
to charge your account in the amount indicated for the value of the services you select, including
any future price changes. If you request a downgrade in services, the downgrade (and
corresponding price reduction) will become effective on the first day of the month following your
requested downgrade. By your continued use of Unrefined LLC services, and unless you terminate
your subscription as provided herein, you agree that Unrefined LLC may charge your credit card
monthly for the products and services you have selected, and you consent to any price changes for
such services after e-mail notice has been provided to you.
Unrefined LLC takes reasonable steps to ensure that the prices set forth on the Website are correct,
and to accurately describe and display the items available on the Website. If the correct price of
our product is higher than its stated price, we will, at our discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Unrefined LLC does not warrant that product
or service descriptions are accurate, complete, current, or error-free, or that packaging will match
the actual product that you receive. All sales are deemed final except as provided in Section 6 of
these Terms. Unrefined LLC’ descriptions of, or references to, products or services not owned by
Unrefined LLC are not intended to imply endorsement of that product or service or constitute a
warranty by Unrefined LLC.
SECTION 11 – IMPORTANT DISCLOSURE
Unrefined LLC is a publisher and education company. You understand that no content published
as part of the Services constitutes a recommendation that any particular investment, security,
portfolio of securities, transaction or investment strategy is suitable for any specific person. You
further understand that none of the creators or providers of our Services or their affiliates will
advise You personally concerning the nature, potential, value or suitability of any particular
investment, security, portfolio of securities, transaction, investment strategy or other matter.
Accordingly, do not attempt to contact them seeking personalized investment advice, which they
cannot provide. To the extent any of the content published as part of the Services may be deemed
to be investment advice, such information is impersonal and not tailored to the investment needs
of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The
Services may contain opinions from time to time regarding securities mentioned in other Services,
and that those opinions may be different from those obtained by using another portion of the
Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds)
involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that certain of Unrefined LLC’s affiliates and employees may, from
time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof,
of companies mentioned in respective Services and may take positions inconsistent with the views
expressed.
Third-Party Content is not subject to Unrefined LLC’s investment policy and therefore the
preceding paragraph does not apply to Third-Party Content, Unrefined LLC makes no
representations regarding Third-Party Content, nor is Unrefined LLC liable for Third-Party
Content.
You understand that performance data is supplied by sources believed to be reliable, that the
calculations therein are made using such data, and that such calculations are not guaranteed by
these sources, the information providers, or any other person or entity, and may not be complete.
In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions
we have published. These references may be selective, may reference only a portion of an article
or recommendation, and may not be current. As markets change continuously, previously
published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote
services available to users of certain Services) are delayed. When U.S. exchanges are not open,
quotes are only current as of the close of the last day of trading. Before selling or buying any
investment, You should consult with a qualified broker or other financial professional to verify
pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments,
as described below, such portfolio of investments is chosen by the author in accordance with their
stated investment strategy. Your actual results may differ from results reported for the portfolio
for many reasons, including, without limitation:
• performance results for the portfolio do not reflect actual trading commissions that You
may incur;
• performance results for the portfolio do not account for the impact, if any, of certain market
factors, such as lack of liquidity, that may affect Your results;
• the investments chosen for the portfolio may be volatile, and although the “purchase” or
“sale” of an investment in a portfolio will not be effected in the portfolio until after the
sending of an email alert from Unrefined LLC has been commenced, server, delivery
delays and other factors may cause the price You obtain to differ substantially from the
price at the time of the alert;
• You may not have the capital to trade as frequently as the portfolio;
• the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the
stock.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Unrefined LLC is pleased to hear from users and customers and welcomes your comments
regarding our services and products. Unrefined LLC may use testimonials and/or product reviews
in whole or in part together with the name, city, and state of the person submitting it. Testimonials
may be used for any form of activity relating to Unrefined LLC’ services or products, in printed
and online media, as Unrefined LLC determines in its sole and exclusive discretion. Testimonials
represent the unique experience of the participants and customers submitting the testimonial, and
do not necessarily reflect the experience that you and your business may have using our services
or products. As set forth above in Section 11, your business’ results will vary depending upon a
variety of factors unique to your business and market forces beyond Unrefined LLC’ control. Note
that testimonials, photographs, and other information that you provide to us will be treated as non-
confidential and nonproprietary, and, by providing them, you grant Unrefined LLC a royalty-free,
worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Unrefined LLC reserves the right to correct grammatical and typing errors, to shorten
testimonials prior to publication or use, and to review all testimonials prior to publication or
use. Unrefined LLC shall be under no obligation to use any, or any part of, any testimonial or
product review submitted.
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND
WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM
THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY
OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE,
OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY
STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE
WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Unrefined LLC its officers, directors,
employees, owner(s), and parent company(ies) and assigns from and against all claims, demands,
and causes of action of every kind and character without limit arising out of Your conduct. Your
indemnity obligation includes, but is not limited to, any third-party claim against Unrefined LLC
for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO
EVENT SHALL UNREFINED LLC OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO
THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR
A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE,
SERVICE, OR PRODUCT, REGARDLESS OF WHETHER UNREFINED LLC HAS HAD
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS
INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF
DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL UNREFINED LLC’ LIABILITY TO YOU OR YOUR BUSINESS
EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO
UNREFINED LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS
GIVING RISE TO A CLAIM AGAINST UNREFINED LLC OCCURRED OR TWO-
THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION
AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND
YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU
AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND
YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT
YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT
EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM
IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON
AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING
INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST
FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at
[email protected] to attempt to resolve the dispute or controversy informally. Any
controversy or claim arising out of or related to the use of the Website, any product, service, or
software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation within 120 days shall
be resolved by binding, confidential arbitration administered by the American Arbitration
Association (“AAA”), and judgment on the award rendered may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you or your business will also
be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The
arbitration will be conducted by a single neutral arbitrator in the English language in Contra Costa
County, California, unless we both agree to conduct the arbitration by telephone or written
submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot
agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in
effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at
www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole
authority to resolve any dispute relating to the interpretation, construction, validity, applicability,
or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration
provision, and any other terms incorporated by reference into these Terms and Conditions of Use
and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any
dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether
this arbitration agreement can be enforced against a non-signatory to this agreement and whether
a non-signatory to this agreement can enforce this provision against you or UNREFINED LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In
all other respects, the parties shall each pay their own additional fees, costs, and expenses,
including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of California without regard to its
conflicts of laws principles. Any award rendered shall include a confidential written opinion and
shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as
amended. Judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
You and UNREFINED LLC agree that disputes will only be arbitrated on an individual basis and
shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or
other proceedings that involve any claim or controversy of any other party. You and UNREFINED
LLC expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim
will not constitute a waiver of any rights to require arbitration at a later time or in connection with
any other claims except that all claims must be brought within 1 year after the claim arises (the 1
year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding
confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9
U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with UNREFINED LLC,
bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e.,
unenforceability would allow arbitration to proceed as a class or representative action), then this
entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this
arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining
portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE,
AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND
ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 16 – UNREFINED LLC’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Unrefined LLC in the event of any breach or
threatened breach by you of the provisions of this Agreement or any infringement or threatened
infringement by you of the intellectual property of Unrefined LLC or a third-party, Unrefined LLC
shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions
or other equitable relief from a court of competent jurisdiction located in Contra Costa County,
California restraining such breach, threatened breach, infringement, or threatened
infringement. Nothing in this Agreement shall be construed as prohibiting Unrefined LLC from
pursuing in court any other remedies available to it for such breach, threatened breach,
infringement, or threatened infringement, including the recovery of monetary damages from you
and your business. You and your business hereby irrevocably consent to the exclusive personal
jurisdiction of, and exclusive venue in, the courts of Contra Costa County, California for all such
claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless
Unrefined LLC, its directors, officers, employees, shareholders, licensors, independent
contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from
and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of
any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute
resolution, arising out of, resulting from, or in any way connected with or related to (1) your use,
misuse, or attempt to use the Website, software, products, or services, (2) information you submit
or transmit through the Website, (3) your breach of these Terms, the documents they incorporate
by reference, the Agreement, or the representations and warranties provided by you in this
Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM
COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own,
you or your agent may send Unrefined LLC a notice requesting that Unrefined LLC remove the
materials or content from the Website. If you believe that someone has wrongly filed a notice of
copyright infringement against you, you may send Unrefined LLC a counter-notice. Notices and
counter-notices should be sent to Unrefined LLC Attention Legal Department, 272 Calhoun
Station Pkwy Ste C #2072 Madison, MS 39110 or by e-mail to [email protected]
The Terms fully incorporate by reference the DMCA Policy.
SECTION 19 – THIRD-PARTY LINKS
The Website may contain links to other websites. Unrefined LLC assumes no responsibility for
the content or functionality of any non- Unrefined LLC website to which we provide a link. Please
see our Privacy Policy located at PRIVACY STATEMENT. for more details.
SECTION 20 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”,
“I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the
Website, respond to a request for information, begin installing, accessing, or using the Website,
complete a purchase, select a method of payment, and/or enter in payment method information,
whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to
comply with any term or provision of the Agreement or violated any law, whether in connection
with your use of Unrefined LLC or otherwise, we may terminate the Agreement or suspend your
access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and
24 through 33 of this Agreement, as well as any representations, warranties, and other obligations
made or undertaken by you, shall survive the termination of this Agreement and/or your account
or relationship with Unrefined LLC.
Upon termination, you remain responsible for any outstanding payments to Unrefined LLC.
SECTION 21 – NO WAIVER
No failure or delay on the part of Unrefined LLC in exercising any right, power or remedy under
this Agreement may operate as a waiver, nor may any single or partial exercise of any such right,
power, or remedy preclude any other or further exercise of such right, power, or remedy, or the
exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or
obligation under this Agreement shall only be effective if in writing and signed Unrefined LLC.
SECTION 22 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or
your access to or use of the Website, our Privacy Statement. or any matter concerning Unrefined
LLC, including your purchase and use or attempted use of any service or product, shall be governed
exclusively by the laws of State of California without regard to its conflicts of laws principles. To
the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent
jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree
any such claim or dispute shall be exclusively brought in and decided by the state or federal courts
located in Contra Costa County, California, and you hereby irrevocably consent to the exclusive
personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to
said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and
non-class, non-representative basis, and you forever waive any right to bring such claims on a class
wide or representative basis.
SECTION 23 – FORCE MAJEURE
Unrefined LLC will not be responsible to you for any delay, damage, or failure caused or
occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 24 – ASSIGNMENT
Unrefined LLC may assign its rights under this Agreement at any time, without notice to
you. Your rights arising under this Agreement cannot be assigned without Unrefined LLC’ (or its
assigns’) express written consent.
SECTION 25 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When
you communicate with Unrefined LLC through or on the Website or via other forms of electronic
media, such as e-mail, you are communicating with the company electronically. You agree that
we may communicate electronically with you and that such communications, as well as notices,
disclosures, agreements, and other communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same force and effect as if they were
in writing and signed by the party sending the communication.
SECTION 26 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. We reserve the right,
at our sole discretion, to update, change or replace any part of the Agreement, including the
Privacy Statement by posting updates and changes to our Website. It is your responsibility to
check our Website periodically for changes. Your continued use of or access to our Website
following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or
the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or
have the right to bind the business for which you are using the Website; (3) have read this
Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4)
that you will not resell, re-distribute, or export any product or service that you order from the
Website. You further represent that Unrefined LLC has the right to rely upon all information
provided to Unrefined LLC by you, and Unrefined LLC may contact you and your business by
email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls,
(ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on
or through the Website.
You further represent and warrant that there are no prior or pending government investigations or
inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade
Commission, any other federal or state governmental agency, or any industry regulatory authority,
anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during
the life of the Agreement you, or any business related to You, becomes the subject of a government
investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state
governmental agency, or any industry regulatory authority anywhere in the world, or the subject
of any lawsuit, you will notify Unrefined LLC of the same within 24 hours. Unrefined LLC, at its
sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit
identified pursuant to this paragraph or otherwise discovered by Unrefined LLC without incurring
any obligation or liability to you.
SECTION 28 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby
and shall continue in full force and effect and such provision may be modified or severed from this
Agreement to the extent necessary to make such provision enforceable and consistent with the
remainder of the Agreement.
SECTION 29 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding between you and your
business and Unrefined LLC and governs your access to and use of the Website and your ordering,
purchasing, and use and/or attempted use of any service or product, and supersedes and replaces
any prior or contemporaneous agreements, representations, communications, and proposals,
whether oral or written, between you and Unrefined LLC We may also, in the future, offer new
services and/or features through the Website. Such new features and/or services shall also be
subject to these Terms, the Agreement, and any policies or operating rules posted by us on the
Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be
construed against the drafting party.
SECTION 30 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and
services. Please feel free to do so by sending an e-mail to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact Unrefined
LLC by email at [email protected]. or by regular mail at
665 S Pear Orchard Rd
Ste 106 #859
Ridgeland, MS 39157-4859
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: [email protected].
Spam or Abuse: [email protected].
For General Support and Inquiries: [email protected].
Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by
regular mail, at Unrefined LLC’ discretion.
SECTION 31 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on February 8, 2023. It
applies to any person or business that sells or markets goods or services to EU residents or deals
with personal data of those that reside under European Union. The "Personal
Data" definition under GDPR is very broad as it covers any information that could potentially
identify the data subject being targeted.
Is Unrefined LLC GDPR Compliant? In short, yes. Please see our privacy policy at
unrefinedpodcast.com for more information.
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