TERMS AND CONDITIONS

By visiting this website, YOU are consenting to the following terms of use, which may be updated by US from time to time without notice to YOU. There are provisions below constituting a waiver of certain legal rights. Please read all information carefully.

As used herein, “US/WE/OUR” shall refer to Bozoma Saint John and 143Boz LLC, and “WEBSITE” shall refer to the website located at www.bozomasaintjohn.com (or any subsequent URL which may replace it). YOU/YOUR shall refer to you, the user, of the WEBSITE.

These Terms and Conditions, together with the Privacy Policy and Terms and Conditions of Purchase (if applicable), shall constitute the entire Agreement.

The Website contains images, logos, text, graphics, video and/or audio files, and other materials provide by US (collectively referred to herein as “Content”). WE retain all right, title and interest, including without limitation all intellectual property rights, in and to the Content. YOU agree not to copy, reproduce, transmit, publish, display, distribute, sell, transfer, or commercially exploit the Content or any portion thereof. YOU are also prohibited from posting the Content or any portion thereof in any format, on any other websites, social media pages, or in any other media for any purpose, without OUR express written permission in each and every instance.

YOU agree not to use the Website in any way that may cause the Website to be damaged or impair the functionality. YOU shall not use the Website for any illegal purpose.

If YOU believe that YOUR work has been copied in a way that constitutes copyright infringement, please provide OUR agent the written information specified below. Please note this procedure is exclusively for notifying US that YOUR copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that YOU claim has been infringed
• A description of where the material that YOU claim is infringing is located on the Website
• YOUR address, telephone number, and e-mail address
• A statement by YOU that YOU have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by YOU, under penalty of perjury, that the foregoing information in YOUR notice is accurate and that YOU are the copyright owner or authorized to act on the copyright owner’s behalf

Notice of claims of copyright infringement on the Website can be sent to:

The Badass Workshop

9255 W. Sunset Blvd., Floor 2

West Hollywood, CA 90069

There may be sections of the Website that allow for the posting of content otherwise provided, created, or supplied by YOU (“User-Generated Content”). User-Generated Content must not be threatening, objectionable, illegal, obscene, defamatory, invades the privacy or intellectual property rights of US or any third party. Any User-Generated Content that YOU provide will not be subject by US to any expectation of privacy or confidence and confidential, fiduciary or other relationship is intended or created between YOU and US. YOU agree that WE shall have the unrestricted rights to use the User-Generated Content for any and all purposes whatsoever, commercial or otherwise, without any further permission or payment to YOU or anyone else. YOU represent and warrant that YOU own and have the full rights to or other control all User-Generated Content that YOU supply or provide to US, and that such User-Generated Content does not violate these Terms and Conditions or Privacy Policy. YOU agree to indemnity US from and against any and all claims arising out of, resulting from, or relating to, any such User-Generated Content.

YOU assume all risk, liability, and consequences resulting from YOUR use of or access to any third-party websites which may be linked on this Website. YOU further agree that WE are not responsible or liable for any third-party websites which may be linked on this Website, and do not endorse and are not responsible or liable for the content of any such third-party websites, nor for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party websites or resources.

WE reserve the right to modify and/or amend the Website, or any portion thereof, at any time with or without notice to YOU. YOU agree that WE shall not be liable to YOU or any third party with respect to any such modification of the Website. YOU will not be eligible for any compensation because YOU cannot use any part of the Website or because of a failure or suspension of all or part of the Website.

WE reserve the right to alter these terms and conditions from time to time, and YOUR use of the Website following such change shall be considered to be YOUR acceptance of such change.

YOU agree to indemnify, defend, and hold US (including OUR agents, representatives, and assigns, hereafter the “Indemnified Parties”), harmless from and against any and all claims, liability, damages, losses, costs, and expenses, including legal fees, suffered by US and arising out of any breach of the conditions by YOU or any other liabilities arising out of YOUR use of the Website, or the use by any other person accessing the Website using your password, credentials, or internet access account. YOU agree to cooperate with US in the defense of any claim, including without limitation, providing US with information, documents, records and access WE deem reasonably necessary. WE reserve the right to employ separate counsel and assume the exclusive defense and control of any settlement and disposition of any claim that is subject to indemnification by YOU. YOU shall not settle any third party claim or waive any defense without OUR prior written consent.

YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK. THE CONTENT ON THE WEBSITE IS PROVIDED “AS-IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.

THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN DO NOT GUARANTEE ANY PARTICUALR OUTCOME OR CHANGE IN CIRCUMSTNACES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY OUTCOME OR ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBISTE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES, WEITHER KNOWN OR UNKNOWN. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

This Agreement and any action related thereto will be governed by the laws of the State of California.

California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:

For any questions or complaints about US, OUR products, services or the Website, please contact us via e-mail at thefam@bozomasaintjohn.com, via written correspondence sent to 9255 W. Sunset Blvd., Floor 2, West Hollywood, CA 90069. WE are engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and an applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. WE reserve the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.

The Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs in CA, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), the parties agree to first submit the matter to mediation to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Los Angeles, California, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Los Angeles, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Los Angeles, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

YOU agree that any arbitration or court proceeding shall be limited to the Dispute between US and YOU, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

When YOU visit the Website or correspond with us via e-mail, you are communicating with US electronically. YOU consent to receive communications from US electronically. WE will communicate with YOU by email or by posting notices on the Website. YOU agree that all agreements, notices, disclosures, and other communications that WE provide electronically satisfy any legal requirement that such communications be in writing.

These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between YOU and US relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between US. No oral explanation or oral information given by either of US shall alter the interpretation of these Conditions.

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.

If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

PRIVACY POLICY

This Privacy Policy was last modified on December 10, 2020.

Bozoma Saint John is committed to protecting your privacy and providing a safe online experience for OUR visitors while offering a high-quality user experience at www.bozomasaintjohn.com (the “Website”). This Privacy Policy is to inform YOU of OUR policies regarding the collection, use and disclosure of information we receive from users of the Website.

This Privacy Policy, along with the Terms and Conditions, governs YOUR use of the Website. By using the Website, YOU agree to be bound by the terms of this Privacy Policy.

In order to provide YOU with the most personalized service, we request information about YOU in certain circumstances and collect certain information automatically. WE will only collect YOUR personal data when we have a lawful bases for doing so, including when YOU provide US consent.

WE may collect and/or receive the following types of information from YOU: Personal Information (including name, address, email address, phone number); Order and Billing information (including information required to process payment, which includes debit or credit card or other payment information, expiration dates, card security codes, and billing address); Website Activity Information; Internet Protocol Addresses; Use of Cookies (stored information about YOUR visit and web-browsing preferences); Third-Party Analytics. By providing YOUR consent to this Privacy Policy, YOU consent to the collection and review of data about YOU by these analytics providers, including the collection of information as described herein.

WE use the collected information to: present YOU with information through OUR Website and email services; provide OUR services, process orders, and administer OUR programs; maintain and improve OUR Website; respond to YOUR requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating OUR Website or accessing certain features; solicit YOUR feedback, and to inform YOU about OUR products and services and those of OUR third-party marketing partners that WE feel may be of interest or value to YOU; personalize or display advertisements to YOU on third-party platforms; improve OUR services or offerings; and fulfill OUR legal or contractual obligations to YOU.

As with transactions generally, when YOU purchase products, services, or programs via OUR Website, YOUR credit card company will also retain certain information regarding YOUR purchase. WE will not otherwise provide any personal data to YOUR credit card company without YOUR permission.

WE may share the Information collected with joint venture partners, affiliates, agents, current or prospective business partners, businesses under common control, third-party businesses or partners participating in administering OUR programs or services, or to those providing business functions such as technical support, customer service, marketing assistance, etc. These businesses will only have access to information as necessary to perform their functions and to the extent permitted by law.

In the event of the sale or transfer of our business to a third party buyer, including in the event of bankruptcy or liquidation, WE may, as necessary, share your data with the buyer or transferee.

In the event that we have to collect on a debt owed to US by YOU, we may, as necessary, share YOUR information with an attorney or a court of law to enforce OUR rights and collect what is owed.

Under certain circumstances WE may be obligated or compelled to disclose the Information: when required by law, court order or government agency, or when disclosing such Information is reasonably required to protect the Company, its property, the Website, the safety of visitors or others.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California-resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by the Company pursuant to this provision, please contact US via email at thefam@bozomasaintjohn.com.

Consistent with OUR policies described above, WE collect information from OUR visitors on OUR Website to provide relevant content and advertising.



If YOU live in the EU, certain of YOUR data may be subject to protection by the General Data Protection Regulation (the “GDPR”), a privacy regulation intended to help YOU have greater control over YOUR personal data.

Under the GDPR, YOU have the right: to know what information is being collected, as disclosed in this Privacy Policy (“right to transparent information”); to object on grounds relating to YOUR particular situation to the collection or processing of certain kinds of information (“right to object”); to withdraw consent even after it has been given, without affecting the lawfulness of the processing of YOUR data prior to YOUR withdrawal (“right to withdraw consent”); to access, modify or update YOUR information so that it is correct (“right to access” and “right to rectification”); to have YOUR information deleted or erased (“right to erasure” or “right to be forgotten”); to have YOUR data transferred or ported elsewhere (“right to data portability”); and the right to restrict processing in certain situations (“right to restriction of processing”).

The Company may update this Privacy Policy from time to time as necessary to protect OUR users and to comply with a changing environment. Please review the Privacy Policy when YOU visit OUR Website to remain updated on OUR current policy. By accessing the Website and/or using OUR services after making any such changes to this Privacy Policy, YOU are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, OUR use of the Information is governed by the Privacy Policy in effect at the time WE collect the information. YOU are advised to review this Privacy Policy periodically for any changes. Whenever WE make changes to this Privacy Policy WE will update the date at the top.

If you have any questions about this Privacy Policy, please contact us via email at thefam@bozomasaintjohn.com with “Privacy Policy” in the subject line.