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SET community program terms and conditions

1. Eligibilty. To become a collaborator (“Collaborator”) in a SET Active Community (the “Program”), you must read and accept these terms and conditions (“Terms”). The Program’s sponsor is SET Active LLC, a California limited liability company (“Sponsor”).

2. Collection of Personal Information. You may be asked to provide information that we need to administer the Program, including your name, date of birth, address (city and country), email address, social media platforms and handles, and clothing size(s).

3. Legal Notices. BY PARTICIPATING AS A COLLABORATOR IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY SINCE THEY AFFECT YOUR LEGAL RIGHTS.

4. Right to Terminate. Sponsor may terminate the Program and may terminate any Collaborator’s participation in the Program at any time, with or without cause. Collaborator may also terminate his/her participation in the Program at any time. Upon any termination of a Collaborator’s participation in the Program, Collaborator will immediately cease use of, and remove from any Collaborator social media or online channels, any and all content provided by Sponsor to Collaborator.

5. Content Guidelines and Restrictions. Collaborator may post comments, tweets, photos, pictures, images, videos, materials and other content in the course of Collaborator’s participation in the Program (“Collaborator Content”). Collaborator represents and warrants that the Collaborator Content shall comply with the Content Guidelines set forth below:

  • Collaborator Content must not be defamatory, abusive, obscene, profane, or offensive and must not in any way disparage or criticize Sponsor or any other person or party;
  • Collaborator Content must not infringe or violate another party's intellectual property rights (such as music, videos, photos or other materials for which Collaborator does not have written authority from the owner of such materials);
  • Collaborator Content must not include celebrities or violate any party’s right of publicity or right of privacy;
  • Collaborator Content must not be threatening, harassing, or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;
  • Collaborator Content must not be inaccurate, false, or misleading in any way, and Collaborator may not post performance claims about Company’s products and/or services unless authorized by Sponsor; and
  • Collaborator Content must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Collaborator Content is created.
  • Collaborator Content must be posted with appropriate, clear and conspicuous disclosures as required by the FTC Guidelines and/or any analogous laws, rules, and/or regulations in accordance with Section 7 below.

For the avoidance of doubt, Collaborator is solely responsible for the Collaborator Content and any and all other materials that appear on Collaborator’s own social media or other online platforms and Sponsor disclaims all liability for such materials. If Sponsor determines in its sole discretion that Collaborator Content is unsuitable or inappropriate, Sponsor may suspend that Collaborator’s access to the Program and terminate these Terms at any time. Sponsor will have no responsibility or liability in relation to any termination or suspension of Collaborator's access to the Program or these Terms including in relation to any claim suffered directly or indirectly by Collaborator or any other person. Sponsor has the right (but not the obligation) in its sole and absolute discretion to monitor Collaborator Content and Collaborator’s participation in the Program from time to time to ensure Collaborator is in compliance with the terms of these Terms. Sponsor may also require Collaborators to participate in periodic training programs to ensure compliance with these Terms.

If Sponsor selects any Collaborator Content for reposting, Sponsor shall provide the contributing Collaborator with a $100 gift card for Collaborator’s next purchase from Sponsor’s website. Participation in the Program does not guarantee selection of Collaborator Content for reposting.

Sponsor may request feedback from Collaborators from time to time regarding Sponsor’s products and services. Sponsor shall exclusively own all rights in and to any such feedback. Further, Collaborator understands and agrees that other Collaborators may submit feedback that may be similar in idea or concept to what is included in Collaborator’s feedback. Collaborator understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out of any such similarity or be entitled to any compensation for feedback provided.

Collaborator must not send any unsolicited commercial electronic messages or spam of any type (whether by telephone call, SMS, MMS or other means of mobile text message, facsimile, email, or any other means) as part of its participation in the Program.

6. Grant of Rights. By participating in the Program and posting Collaborator Content, Collaborator grants Sponsor and Sponsor’s licensees, designees, successors, and assigns a royalty-free license to use and post such Collaborator Content, throughout the world, in perpetuity, for any legal purpose whatsoever, in any media now known or hereafter invented, including without limitation on Sponsor’s and its licensees’, designees’, successors’, and assigns’ respective social media and digital channels. For the avoidance of doubt, Sponsor shall have no obligation upon termination of a Collaborator’s participation in the Program to remove, delete, or scrub any Collaborator Content from any social media channels. Collaborator agrees that participation in the Services means Sponsor and Sponsor’s licensees, designees, successors, and assigns can use Collaborator’s name, voice, likeness, photograph, social media handle or channel/blog name and any other Collaborator attributes (collectively, “Collaborator Attributes”) in any manner that Sponsor determines supports the purposes of these Terms, and further may record and capture the Collaborator Attributes in connection with Collaborator’s attendance at Program-related events and use such Collaborator Attributes in accordance with these Terms without further consent from Collaborator (except where prohibited by law), including use in any media now known or hereafter invented, including without limitation, any and all Internet media throughout the world in perpetuity. Notwithstanding the foregoing, Collaborator agrees to execute any additional documents required by Sponsor in connection with Collaborator’s attendance at Program-related events, including without limitation a publicity and/or liability release or tax reporting documents. For the avoidance of doubt, except for the limited licenses granted under these Terms, nothing in these Terms will license or convey to anyone, including any Collaborator, any of Sponsor’s intellectual property or proprietary rights.

7. Disclosure. Collaborators may enjoy special benefits, rewards and other perks from Sponsor as part of their participation in the Program – for example, by testing products or services for Sponsor, which may be kept by Collaborator as a free gift (for the avoidance of doubt, Collaborators will not receive payment or compensation for participation in the Program, and Sponsor has no obligation to provide such perks). Sponsor believes in full, fair and effective disclosures of material facts relating to Collaborator’s relationship with Sponsor in accordance with the FTC Guides and any similar laws, rules and/or regulations in any country where the Program is offered. As such, when posting about Sponsor or its products and services, Collaborator must clearly and conspicuously disclose Collaborator’s “material connection” to Sponsor and include any hashtags that are required by the FTC Guides, any similar laws, rules or regulations or as otherwise directed by Sponsor. All such disclosures must be made prominently and adjacent to each post or piece of Content that triggers disclosure and must be in an easy-tounderstand wording and typeface. The disclosure must be immediately visible to anyone who views the applicable post on the applicable platform. It is expressly understood that Sponsor may (without limiting any Collaborator’s obligations) be permitted to opine about recommendations and options for such disclosures provided that, without limiting Collaborator’s obligations hereunder, in the event of any disagreement between Collaborator and Sponsor with respect to the form of any such disclosures, Sponsor’s decision shall be final. Sponsor’s right to approve any such disclosures as otherwise provided for under these Terms shall not relieve any Collaborator of their obligations hereunder.

8. Confidentiality. Unless authorized by Sponsor, Collaborator agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under these Terms. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Sponsor to Collaborator related to these Terms or the current, future, and proposed business, products, and services of Sponsor, including without limitation any attributes or information about products provided by Sponsor to Collaborator for testing. Collaborator expressly agrees not include any test products in any Collaborator Content, to make samples of test products available to anyone for any reason other than Sponsor, or to describe or discuss the test products with anyone other than Sponsor. Collaborator must, at the Sponsor's request, return, erase, destroy, or procure the return, erasure, or destruction (as applicable) of all copies of Sponsor's Confidential Information in its possession or control. Sponsor will be entitled to seek injunctive relief for any breach or threatened breach of Collaborator's obligations of confidentiality.

9. Representations and Warranties. By participating in the Program, Collaborator represents and warrants that: (i) the Collaborator Content and the Collaborator Attributes will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any third-party, whether contractual, statutory, or common law; and (ii) Collaborator will not commit and has not committed any act which, as determined by Sponsor in its sole discretion, brings Collaborator or Sponsor into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Collaborator’s social media content or Sponsor’s advertising materials are directed, or which might tend to harm Sponsor or its products or services including, without limitation, disparaging Sponsor or its competitors; (iv) Collaborator’s statements, posts, and feedback are true and accurately reflect Collaborator’s honest opinion and experience with Sponsor’s products and/or services to the extent applicable; (v) Collaborator will comply with all applicable federal, state, and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third-party web sites, platforms or applications, including by making any applicable disclosures in accordance with the FTC Guides or any analogous rules in any jurisdiction where the Program is offered; (vi) Collaborator will comply with any product testing guidelines and/or feedback requirements provided by Sponsor; (vii) Collaborator has not relied on any representation or warranties made by Sponsor which has not been stated expressly in these Terms; and (viii) Collaborator is at least 18 years of age (or if Collaborator is not yet 18 years of age, these Terms are being accepted by Collaborator’s parent or legal guardian).

10. Indemnification and Release. By submitting an application, each applicant agrees to release and hold harmless, to the maximum extent of applicable laws, SET Active, LLC and its affiliates, and each of their respective licensees, designees, successors, assigns, and advertising and promotion agencies (collectively, “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with preparation for, or application in the Program, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Collaborators further agree to release and hold harmless the Released Parties from and against any personal injury and/or death which may occur in connection with participation in the Program, including without limitation arising out of or related to Collaborator’s participation in product tests. Further, each Collaborator shall indemnify, defend and hold harmless the Released Parties from and against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorney's fees, that is based upon or arises in connection with (i) any breach or alleged breach of Collaborator’s representations, warranties, covenants agreements, or obligations under these Terms, including without limitation any Collaborator’s failure to make any required disclosures in accordance with the FTC Guides or any analogous rules or regulations in any jurisdictions where the Program is offered as provided herein, (ii) Collaborator’s failure to comply with any applicable laws, (iii) any other information, materials or data provided by Collaborator, including without limitation any claims that the Collaborator Content infringes upon or violates the intellectual property rights of any other person or entity or violates any applicable laws or regulations or (iv) any actual or alleged wrongful or negligent act or omission by Collaborator in connection with the Program.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING $100.

10. Relationship of the Parties. Sponsor and each applicant or Collaborator are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Collaborators shall not make any statements that reasonably would contradict anything herein.

11. Severability; Waiver; Remedies. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect the validity of any other part of these Terms. The Parties are obliged to replace any such invalid or unenforceable part of these Terms by such valid provision which comes closest to the economic purpose intended by such unenforceable or invalid provision. The failure of Sponsor to partially or fully exercise any rights or the waiver of Sponsor of any breach of these Terms by any applicant or Collaborator shall not prevent a subsequent exercise of such right by Sponsor or be deemed a waiver by Sponsor of any subsequent breach by any applicant or Collaborator of the same or any other term of these Terms. The rights and remedies of Sponsor under these Terms any other applicable agreement shall be cumulative, and the exercise of any such right or remedy shall not limit Sponsor's right to exercise any other right or remedy. Collaborator must not assign any of its rights or novate any obligations under these Terms without the prior written consent of Sponsor.

12. Governing Law; Dispute Resolution; Arbitration. To the fullest extent permitted by applicable laws, the laws of the State of California shall govern these Terms. To the fullest extent permitted by applicable laws, while we will make reasonable efforts to resolve any disagreements you may have with Sponsor, if these efforts fail, you agree that all claims, disputes, or controversies against Sponsor arising out of these Terms ("Claims") shall, to the extent permissible by law be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sponsor agree in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

These Terms constitute the entire agreement of the parties about its subject matter and any previous agreements, understandings, and negotiations on that subject matter cease to have any effect.

Questions: Should you have any questions regarding these Terms, you may contact us at community@setactive.co.

Sponsored by SET Active, LLC

January 9, 2022

SET community program terms and conditions

This Privacy Statement describes how Sponsor uses and discloses personal information about you in connection with the Program, and what privacy rights you have. This Privacy Statement is specific to the Program. In case of a conflict between other privacy policies of the Sponsor and this Privacy Statement in connection with the Program, this Privacy Statement prevails.

Personal information categories - Sponsor collects online and offline directly from you, and obtains from third parties such as your friends, contacts or through social media posts, personal information about you in connection with the Program, such as:

  • Your contact details (name, title, email address, etc.).
  • Demographics (e.g., age, date of birth and gender).
  • Shipping information (e.g., postal address).
  • Blogging and social media information (e.g., platforms, social media handles, posts, blog name, video voice or photograph).
  • Device and software data (e.g., device-ID, operating system and corresponding version, specific use data and patterns).
  • Relationship data (for example, support requests, ratings and feedback).
  • Other information requested on the application forms or enabling your participation in the Program, such as your clothing size and preferences and other interests beyond fashion.

Your provision of personal information to Sponsor is voluntary. However, if you do not provide such personal information, you may not be able to participate in the Program. Purposes – Sponsor uses your personal information for the following purposes:

  • For your participation in the Program.
  • To consider your application and enable you to apply for the Program.
  • To enable your participation in the Program, including shipping you clothes to try on and advocate for.
  • To send you administrative communications in relation to the Program or Sponsor’s terms, such as changes in terms and conditions.
  • To enable social media sharing features and follow your social media activity.
  • To respond to your inquiries and requests, for example when you send Sponsor suggestions.
  • To check compliance with the SET Active Community Program Terms and Conditions.

Sponsor does this pursuant to its contractual relationship with you.

  • For marketing materials
  • To send you marketing communications and offer other materials that Sponsor believes may be of interest to you, such as to send you newsletters and personalized offerings.
  • To enable the posting of comments, posts and testimonies from or about you under the Program and other parts of Sponsor’s platforms.

Sponsor does this with your (opt-in/out) consent, or where Sponsor has a legitimate interest.

  • For service improvement
  • To identify usage trends and content across the Program and other platforms. The information that Sponsor gains is used to further improve its services, for instance to help create and design new clothing collections.

Sponsor does this where Sponsor has a legitimate interest.

  • For Sponsor’s other business purposes
  • To manage security and fraud (e.g., detect and prevent cyberattacks).
  • To protect Sponsor’s rights and to defend against lawsuits.
  • To share your personal information with a third-party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of business, assets or stock.
  • To perform audits and monitor governance, for example by implementing internal audits, business analysis, controls and reporting.
  • To respond to legal and regulatory duties, such as requests from public and government authorities.

Sponsor does this to comply with a legal obligation, or where Sponsor has a legitimate interest.

Disclosure - Your personal information can be accessed by Sponsor’s staff to the extent that access is required to enable them to perform their work. In addition, Sponsor may disclose personal information to:

  • Third-party service providers who facilitate the administration and execution of the Program.
  • Other individuals with whom you elect to share your personal information including via social media.
  • Public authorities and government authorities with investigative powers.

If you choose to share personal information on third-party platforms, such as social media, your personal information may be collected by those third parties, and not by Sponsor. Sponsor is not responsible for the privacy and security practices of such third parties, which are subject to their privacy policy, rather than this Privacy Statement.

Some features of the Program may allow you to invite or contact a friend, for example to share content with them. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them. Cookies - The Program uses cookies and similar technologies.

Retention - Sponsor retains your personal information for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria used to determine retention periods include:

  • The length of time Sponsor has an on-going relationship with you and you participate in the Program.
  • Whether there is a legal obligation to which Sponsor is subject (for example, certain laws requires keeping records of communications for a certain period of time).
  • Whether retention is advisable in light of Sponsor’s legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Your rights - Consistent with applicable law, you may have the right to request to access, correct, delete, restrict or object to the use of your personal information, or to obtain an electronic copy of your personal information for purposes of transmitting it to another company. You may also be entitled to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. Regarding deletion, please note that your request does not ensure complete or comprehensive removal of the content or information.

Transfers - Your personal information may be stored and processed in any jurisdiction where Sponsor has facilities or in which Sponsor engages service providers.