Privacy Policy

Last Updated November 26, 2025

          The Loungist Inc., a New York for profit business corporation, together with its Affiliates, (the “The Loungist”, “we”, “us” or “our”) is committed to protecting your (“you”, “your”, or “user”) privacy and empowering you with this privacy policy (this “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected when you use or access our website, located at theloungist.co, and other related applications or online services offered by the The Loungist (collectively, the “Service”). Our Terms of Service (the “Terms”) are expressly incorporated herein by reference and are an integral part hereof.

          This privacy policy (this “Privacy Policy”) sets forth our policy with respect to information, collected from you on or through the Service that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Data”). We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. By using the Service or interacting with us, you are agreeing to this Privacy Policy. Please read the following carefully to understand how we collect, use, disclose, and maintain information that can be used to identify you. In addition, this Privacy Policy describes your choices for use, access, and correction of your Personal Data. If you do not agree to be bound by this Privacy Policy, please stop using the Service, and, as applicable, purchasing goods through the Service (the “Goods”) or entering into any transactions on the Service with The Loungist.

1.     Changes to this Privacy Policy. We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our Service. We will post the changes to this page and encourage you to review this Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, we may provide additional notice, such as via email or through the Service. If you disagree with the changes to this Privacy Policy, you should stop using the Service.

2.     Information We Collect and Receive. When you use or interact with us through the Service, we may collect Personal Data. More information about the categories and sources of information are provided below.

            2.1     Information You Provided to Us. We collect information that you decide to share with us. At times, we may require you to provide certain information in order to use certain parts of our Services, fulfill your requests, or provide you with certain services. 

                        2.1.1     Contacting Us.   We process any Personal Data you choose to give when corresponding with us by phone, email, our service messaging/support function, or otherwise by visiting and interacting with our Website.  

                        2.1.2     Contact information.   We may process your contact information, such as your name, e-mail address, phone number, physical address, account information and any other information you choose to include when you interact and/or communicate with us through our Services, including through any interactive feature, online contact form, by e-mail, or any other communication mechanism;

                        2.1.3    
Payment Information.   When placing an order for Goods via any method offered by us from time to time, we may ask you to provide certain financial information so that we may affect a payment transaction. As part of the payment system, third parties performing sales processing services on our behalf will collect, store and use information, such as your name, address, payment card details (credit card number, expiration date, credit card security code, etc.), phone number, your e-mail address, and delivery address, in order to process the transaction and provide you the Goods or service you requested. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. All credit card information is stored by Shopify, our third-party payment processor, and you should review its privacy policies.

                        2.1.4    
Social Media Data.   We have pages on social media Services like Facebook, Twitter, Instagram, and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details and messages sent. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

                        2.1.5    
Surveys.   When you complete any forms or respond to a survey or questionnaire, we collect the Personal Data you provide.

            2.2    
Information We Obtain from Others. We may supplement the information we have about you with information received from other sources including from our Social Media Pages, social media websites themselves, our affiliates, and from other publicly available sources. Your activity on other websites and applications may be associated with your Personal Data in order to improve and customize our Service.

            2.3    
Information We Automatically Collect. We automatically collect certain information from you when you use the Service, including internet or other network activity information such as your Internet Protocol (“IP”) address, unique device identifiers, browsing and search history within the Service (including Goods you have viewed in the Service), and cookies and other technologies.

                         2.3.1     Log Information.  
We retain information about you when you access and use the Service. This information can include the following: IP address, timestamps, browser information, Internet Service Provider (“ISP”), web pages visited, and URL of the webpage you visited before navigating to our Service.

                         2.3.2    
Device Information.   We monitor user activity in connection with the Service and may collect information about the applications and features you use and the websites you visit.

                         2.3.3    
Crash and Error Information.   If the Service crashes or returns an error, we may collect data to determine the cause of the error using first- or third-party services. The crash or error information collected may include the following: device IP address, device name, operating system version, application configurations(s), the time and date, and other statistics.

                         2.3.4    
Cookies and Other Technologies.   Cookies and similar technologies (e.g. pixels and ad tags) (collectively, “Cookies”) are small files which, when placed on your device, enable us to collect certain information, including Personal Data, from you in order to provide certain features and functionality. We and our service providers and business partners use Cookies to collect data and recognize you and your device(s) on the Services and elsewhere across your different devices. We do this to better understand the effectiveness of the advertising on the Services and to enhance your user experience.

                         2.3.5    
Analytics.   We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Service. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Service by going to http://tools.google.com/dlpage/gaoptout.

3.     How We Use Your Information. We may use your Personal Data for our legitimate interests and the limited purpose of providing the Service and related functionality and services, as described in the Terms and in this Privacy Policy, and as permitted by applicable laws. These purposes include circumstances where it is necessary to provide or fulfill the services requested by or for you or where you have given us your express consent. We may use your Personal Data as follows:

            3.1    
For the Performance of Our Contract with You. We use your information when you enter into a contract with us, for example, to buy Goods offered through our Services, so we can process your order, take payment, and provide you with customer support.

            3.2    
For Our Legitimate Business Interests. We may use your Personal Data that we collect for our legitimate interests and the limited purpose of providing the Services, as permitted by applicable law. As such, we may use your Personal Data to:

           
(i)      To complete transactions between you and The Loungist;

           
(ii)     To support our legitimate interests including, without limitation, the marketing and provision of the Service, consistent with your rights and preferences;

           
(iii)    To provide to you and communicate with you about the Goods and services you request;

           
(iv)    To respond to your inquiries, comments, feedback, or questions;

           
(v)     To send administrative information to you, for example, information regarding the Service and changes to our Terms;

           
(vi)    To help us improve the functionality of the Service, to better understand our users, to improve the Service and offerings, to provide you with customer service, and to generally manage the Service and our business;

           
(vii)   To customize and optimize the content or advertisements you receive when you use the Service, and otherwise enhance or improve your experience and our Service;

           
(viii)  To develop, analyze and improve our services, which may include traffic, usage, and navigation patterns related to your activities on the Service and the links we provide to Third-Party Websites or advertisements;

           
(ix)    To send you commercial or marketing messages, including, without limitation, newsletters and email communications about our offerings or services;

           
(x)     To promote security and protect against fraud, claims, and other liabilities;

           
(xi)    To protect our or third-party rights or interests;

           
(xii)   For internal purposes such as auditing and data analysis;

           
(xiii)  To investigate alleged violations of our Terms;

           
(xiv)  To provide services that are subject to terms you have accepted, such as enforcing our licenses, agreements, and Terms, which may include reasonable monitoring to detect and prevent misuse or fraud; and

           
(xv)   To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

            3.3    
With Your Consent. In some cases, we’ll ask for consent to use your Personal Data for specific purposes. If we do, we’ll make sure you can revoke your consent in accordance with the “Your Choices” section below.

            3.4    
Other Purposes. If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected, or we will obtain your consent subsequent to such collection but prior to such use.

            3.5    
Aggregated Personal Data. In an effort to understand and serve our users better, we may conduct research on our customer demographics, interests, and behaviors using aggregated and/or de-identified information collected through the Service and from other sources so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”).

4.     How We Share and Disclose Information.

            4.1     We Do Not Sell Personal Information. We do not sell or otherwise disclose Personal Data we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected. We share information to perform activities that you request.

            4.2    
Service Providers and Business Partners. To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers and business providers, including providers of website and/or platform hosting, Service-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services related to delivering the Service. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your Personal Data.

            4.3    
Sharing Your Control. We may ask for your consent to share your Personal Data, and if you agree, we will share your Personal Data accordingly. For example, we may ask whether you wish to participate in promotional offers that require The Loungist to share your personal information with a partner in order to redeem the promotion. If you agree to participate in the promotion, we will share your Personal Data as directed.

            4.4    
Settings. We may share information consistent with your settings selective within the Service and your account.

            4.5    
Aggregate/De-Identified Data. From time to time, we may share Aggregate/De-Identified Information about use of the Service, such as by publishing a report on usage trends. The sharing of such data is unrestricted.

            4.6    
Legal Reasons. We may also disclose your Personal Data when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Data to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Services; to enforce or apply our policies or other agreements; or to protect our own rights or property or the rights, property, or safety of our users or others. We will attempt to notify our users about legal demands for their Personal Data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority.

            4.7    
Sale, Merger, or Other Business Transfer. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), Personal Data may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, your Personal Data would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

5.     Your Choices. We may use your Personal Data for our legitimate interests and the limited purpose of providing the Service and related functionality and services, as described in the Terms and in this Privacy Policy, and as permitted by applicable laws. These purposes include circumstances where it is necessary to provide or fulfill the services requested by or for you or where you have given us your express consent. We may use your Personal Data as follows:

            (a)     If you have provided us with Personal Data, you may have the right to ask us to review, update, or delete certain Personal Data by contacting us in accordance with the “Contact Us” section below. Please note that we will need to verify that you have the authority to request that we delete your Personal Information and certain activity generated prior to deletion may remain stored by us and may be shared with third parties as detailed in this Privacy Policy.

            (b)     Most web browsers are set to accept Cookies by default. If you prefer, you can usually set your browser to remove or reject Cookies. Please note that if you choose to remove or reject Cookies, this could affect the availability and functionality of our Service.

            (c)     You have a choice at any time to stop us from sending you emails for marketing purposes by following the “unsubscribe” link included in these messages. Please note that despite any indicated email marketing preferences, we may continue to send you administrative emails, including, for example, notices of updates to our Terms or this Privacy Policy, if we choose to provide such notices to you in this manner.

            (d)    
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. We will tell you what Personal Data you must provide in order to receive the Service.

            (e)     Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

6.     European Residents.
If you are a resident of the European Economic Area, we rely on our legitimate interest as described in this Privacy Policy to process your Personal Data. Additionally, subject to any exemptions as provided by law, you may have certain rights regarding the Personal Data we maintain about you. We offer you certain choices about what Personal Data we collect from you, how we use that information, and how we communicate with you. If at any time you wish to exercise your rights, please reach out to us in accordance with the “Contact Us” section below.

            6.1    
Right of Access. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

            6.2     Right to Rectification. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it.

            6.3     Right to Erasure. You may ask us to erase your Personal Data in some circumstances, such as where we no longer need it or you withdraw your consent (where applicable) and where there is no other legal basis for processing.

            6.4    
Right to Restrict Processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as if you contest its accuracy or object to us processing it.

            6.5    
Right to Data Portability. You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and if the processing is carried out by automated means.

            6.6     Right to Object. You may ask us at any time to stop processing your Personal Data, and we will do so: (a) if we are relying on a legitimate interest to process your Personal Data, unless we demonstrate compelling legitimate grounds for the processing or your data is needed to establish, exercise, or defend legal claims; or (b) we are processing your Personal Data for direct marketing and, in such case, we may keep minimum information about you (for example, in a suppression list) as necessary for our and your legitimate interest to ensure your opt out choices are respected in the future and to comply with data protection laws.

            6.7    
Right to Withdraw Consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.

            6.8    
Right to lodge a Complaint. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

7.     Additional Information for Residents of Certain US States. If you are a U.S. resident, we process your Personal Data in accordance with applicable U.S. state data privacy laws. Depending on where you live (including California, Colorado, Connecticut, Oregon, Nevada, Utah, Virginia, etc.), you may be entitled to certain rights with respect to your Personal Data, as further described in Exhibit A

8.     Security.
We take reasonable precautions intended to help protect your Personal Data that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

9.     Personal Information Retention.
We will retain Personal Data required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes, or enforce our agreements. We will retain the Personal Data we process on behalf of our users as directed by them. We may also retain copies of your Personal Data for disaster recovery purposes, to prevent fraud or future abuse, or for legitimate business purposes.

10.     Data Processing and Data Transfers.
To provide you with the Service, we may store, process, and transmit data in the United States and locations around the world—including those outside your country. Your Personal Data, therefore, may be subject to privacy laws that are different from those in your country. Personal Data collected within the European Economic Area may, for example, be transferred to and processed by third parties located in a country outside of the European Economic Area. In such instances, we shall ensure that the transfer of your Personal Data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place.

11.     Links to Third-Party Websites.
The Service may contain links to other websites not operated or controlled by us, including social media services (“Third-Party Websites”). The information that you share with Third-Party Websites will be governed by the specific privacy policies and terms of service of the Third-Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these websites. Please contact the Third-Party Websites directly for information on their privacy practices and policies.

12.     Children’s Information. The Service is directed to individuals at the age of eighteen (18) and over. We do not knowingly collect Personal Data from individuals under the age of 18. If we become aware of individuals who have provided us with Personal Data and are under the age of 18, we will take steps to deactivate the account and delete the Personal Data. If you become aware of information from individuals under the age of 18 which has been provided to us, please contact us in accordance with the “Contact Us” section below.

13.     Contact Us.
If you have any questions or concerns about our Privacy Policy, please contact us via email at c@theloungist.co.  
 

EXHIBIT A

U.S. State-Specific Privacy Information

          This Exhibit A is designed to be consistent with California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia privacy laws, and provides you with certain U.S. State-specific disclosures and rights which may be applicable and afforded to you depending on your U.S. State of residency.

Additional Information for California Residents

          If you are a resident of the State of California, you may have certain rights afforded to you under the California Consumer Privacy Act or the “CCPA”, as amended by the California Privacy Rights Act.

          We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section, and we share Personal Information with the categories of third parties described in “How We Share and Disclose Information” section. We do not ‘sell’ (as such term is defined in the CCPA) the Personal Information that we collect (and will not sell it without providing you with a right to opt-out). Please note that we may use/employ third party Cookies for our advertising purposes as further described in the “Information We Automatically Collect” section.

          California law, if applicable to us, provides some California residents with the rights listed below:

                      (i)      You may have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices.

                     
(ii)     You may have the right to request that we delete your Personal Information that we have collected from you.

                     
(iii)    You may have the right to request that we correct your inaccurate Personal Information.

                     
(iv)    You may have the right to exercise control over our collection and processing of certain sensitive Personal Information.

                     
(v)     You have the right not to receive retaliatory or discriminatory treatment for exercising these rights.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under California law, please contact us via any method which may be specified in the “Contact Us” section. In order to verify your request, we may require you to provide us with certain information to be used solely for the purpose of verifying your identity.

          Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

Additional Information for Colorado Residents

          The Colorado Privacy Act, if applicable to us, provides some Colorado residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct your inaccurate Personal Information.

                      (iii)    You may have the right to request that we delete the Personal Information we have collected about you.

                      (iv)    You may have the right to opt out of targeted advertising and the sale of Personal Information, as each is defined under Colorado law; however, please note that we do not currently perform or conduct any of the foregoing.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Colorado law, please contact us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to exercise your opt-out right on your behalf; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional Information for Connecticut Residents

          The Connecticut Data Privacy Act, if applicable to us, provides some Connecticut residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format. 

                      (ii)     You may have the right to request that we correct your inaccurate Personal Information.

                      (iii)    You may have the right to request that we delete the Personal Information we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under Connecticut law; however, please note that we do not currently perform or conduct any of the foregoing.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Connecticut law, please contact us via any method which may be specified in the “Contact Us” section.

Additional Information for Delaware Residents

          If you are a Delaware resident, pursuant to the Delaware Personal Information Privacy Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and 

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

          Delaware law, if applicable to us, provides some Delaware residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Person Data, and automated profiling, as each is defined under Delaware law; however, please note that we do not currently perform or conduct any of the foregoing.

                     (v)    You may have the right to obtain a list of the specific third parties to which the Personal Information was disclosed.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Delaware law, please contact us via any other method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to exercise your opt-out right on your behalf; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional Information for Florida Residents

          If you are a Florida resident, pursuant to the Florida Digital Bill of Rights, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

          Florida law, if applicable to us, provides some Florida residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or we have collected about you

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under Florida law; however, please note that we do not currently perform or conduct any of the foregoing.

                      (v)     You may have the right to opt-out of the collection and processing of sensitive data, as defined under Florida law.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Florida law, please contact us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional Information for Iowa Residents

          If you are an Iowa resident, pursuant to the Iowa Consumer Data Protection Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

          Iowa law, if applicable to us, provides some Iowa residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iii)    You may have the right to opt-out of the sale of Personal Information, as such is defined under Iowa law; however, please note that we do not currently sell Personal Information.

          To request deletion of your Personal Information, or to exercise any other privacy rights under Iowa law, please contact us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional Information for Montana Residents

          If you are a Montana resident, pursuant to the Montana Consumer Data Privacy Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

          Montana law, if applicable to us, provides some Montana residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    You may have the right to opt out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under Montana law; however, please note that we do not currently perform or conduct any of the foregoing.

                      (v)    You may have the right to obtain a list of the specific third parties to which the Personal Information was disclosed.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Montana law, please contact us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to exercise your opt-out right on your behalf; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional Information for Minnesota Residents

          If you are a Minnesota resident, pursuant to the Minnesota Consumer Data Privacy Act, we must share with you that:

                      (i)      We collect and process the categories of Personal Information described in the “What Information Do We Collect?” section;

                      (ii)     We process Personal Information for the business and commercial purposes described in the “How Do We Use the Information That You Provide to Us?” section; and

                      (iii)    We may share the categories of Personal Information described in the “What Information Do We Collect?” section with the categories of third parties set forth in the “External Transfer: How Do We Share Your Information?” section.

                      (iv)    We may retain Personal Information according to the “Personal Information Retention” section.


         Minnesota law, if applicable to us, provides some Minnesota residents with the rights listed below:

                      (i)      You may have the right to receive confirmation as to whether we are processing your Personal Information and the right to access such Personal Information.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you; however, in deciding whether to comply with such request, we may take into account the nature of the Personal Information and the purpose(s) for processing the Personal Information

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    If the such data is available in a digital format, you may have the right to receive a copy of your Personal Information that you previously provided to us in a portable format and, to the extent technically feasible, in a readily usable format that allows you to transmit the data to another controller without hinderance where the processing is carried out by automated means.

                      (v)    You may have the right to opt-out from our processing of your Personal Information for any of the following purposes:  (a) targeted advertising, (b) the sale of your Personal Information, or (c) profiling in furtherance of automated decisions that produce a legal or similarly significant effect concerning yourself; however, please note that we do not, at this time, process your Personal Information for any of the above-mentioned purposes.

                      (vi)     If the right in the above (v) is exercised, you may have the right to question the result of the profiling, to be informed of the reason that the profiling resulted in the decision, and, if feasible, to be informed of what actions you might have taken to secure a different decision and the actions you might do to secure a different decision in the future. You have the right to review your Personal Information used in profiling. If the decision is determined to have been based upon inaccurate Personal Information, taking into account the nature of the Personal Information and the purpose(s) of the processing, you have the right to have the data corrected and the profiling decision reevaluated based on the corrected data.

                      (vii)     You may have the right to obtain a list of specific third parties to which we have disclosed your Personal Information, if available, and, if not available, a list of specific third parties to which we have provided any consumer’s Personal Information.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Minnesota law, please contact us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to exercise your opt-out right on your behalf concerning processing for the purposes of targeted advertising and the sale of your Personal Information; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional Information for Nebraska Residents

         If you are a Nebraska resident, pursuant to the Nebraska Data Privacy Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

        Nebraska law, if applicable to us, provides some Nebraska residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under Nebraska law; however, please note that we do not currently perform or conduct any of the foregoing.

        To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Nebraska law, please contact us or via any method which may be specified in the “Contact Us” section.

        Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional Information for Nevada Residents

        If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A, we are required to provide you with the following:

                      (i)      We may collect certain covered information (as defined under Nevada Law) when you use or visit our Website, including, but not limited to first and last name, home or other physical address, e-mail address, and telephone number;

                      (ii)     We may share your covered information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    Third parties may collect covered information about your online activities over time and across different internet websites or online websites when you use our Website.

        Under Nevada law, certain Nevada consumers may opt-out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has provided “personally identifiable information” to us via the Website, you may submit a request to opt-out of any potential future sales under Nevada law by contacting us via any other which may be specified in the “Contact Us” section. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Additional Information for New Hampshire Residents

        If you are a New Hampshire resident, pursuant to Title LII, Chapter 507-H: Expectation of Privacy of the New Hampshire Revised Statutes Annotated, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

        New Hampshire law, if applicable to us, provides some New Hampshire residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under New Hampshire law; however, please note that we do not currently perform or conduct any of the foregoing.

        To request access to or deletion of your Personal Information, or to exercise any other privacy rights under New Hampshire law, please contact us via any method which may be specified in the “Contact Us” section.

        Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional Information for New Jersey Residents

        If you are a New Jersey resident, pursuant to Title 56, Chapter 266 of the New Jersey Revised Statutes, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

        New Jersey law, if applicable to us, provides some New Jersey residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we correct inaccuracies in the Personal Information we have collected about you.

                      (iii)    You may have the right to request that we delete the Personal Information you provided or that we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under New Jersey law; however, please note that we do not currently perform or conduct any of the foregoing.

        To request access to or deletion of your Personal Information, or to exercise any other privacy rights under New Jersey law, please contact us via any method which may be specified in the “Contact Us” section. 

        Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional Information for Oregon Residents

        If you are an Oregon resident, pursuant to the Oregon Consumer Privacy Act, we must share with you that:

                      (i)      We collect and process the categories of Personal Information described in the “Information We Collect and Receive” section;

                      (ii)     We process Personal Information for the business and commercial purposes described in the “How We Use Your Information” section; and

                      (iii)    We may share the categories of Personal Information described in the “Information We Collect and Receive” section with the categories of third parties set forth in the “How We Share and Disclose Information” section.


        Oregon Law, if applicable to us, provides some Oregon residents with the rights listed below:

                      (i)      You may have the right to receive confirmation as to whether we are processing or have processed your Personal Information and the categories of Personal Information that we are processing or have processed.

                      (ii)     You may have the right to receive, at our option and sole discretion, a list of specific third parties, other than natural persons, to which we have disclosed your specific Personal Information to or any Personal Information to, generally.

                      (iii)    You may have the right to receive a copy of all of your Personal Information that we have processed or are processing in a portable format. 

                      (iv)    You may have the right to request that we correct inaccurate Personal Information; however, in deciding whether to comply with such a request, we may take into account the nature of the Personal Information and the purpose(s) for processing the Personal Information.

                      (v)    You may have the right to request that we delete your Personal Information, including your Personal Information which you have provided to us, your Personal Information which we have obtained from another source, and derived data.

                      (vi)    You may have the right to opt-out from our processing of your Personal Information for any of the following purposes:  (a) targeted advertising, (b) selling your Personal Information, or (c) profiling in furtherance of decisions that produce legal effects or effects of similar significance; however, please note that we do not, at this time, process your Personal Information for any of the above-mentioned purposes.

        To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Oregon law, please contact us via any method which may be specified in the “Contact Us” section. If you would like to appeal our refusal to take action on a prior submitted request, you may do so by submitting an appeal to us via any method which may be specified in the “Contact Us” section.

        Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to act on your behalf to opt-out of the processing of your Personal Information under specifically Section (vi) above; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional information for Tennessee Residents

          If you are a Tennessee resident, pursuant to the Tennessee Information Protection Act, we must share with you that:

                      (i)      We collect and process the categories of Personal Information described in the “What Information Do We Collect?” section;

                      (ii)     We process Personal Information for the business and commercial purposes described in the “How Do We Use the Information That You Provide to Us?” section; and

                      (iii)    We may share the categories of Personal Information described in the “What Information Do We Collect?” section with the categories of third parties set forth in the “External Transfer: How Do We Share Your Information?” section.

          Tennessee law, if applicable to us, provides some Tennessee residents with the rights listed below:

                      (i)      You may have the right to receive confirmation as to whether we are processing your Personal Information and the right to access such Personal Information.

                      (ii)     You may have the right to request that we correct inaccuracies with respect to your Personal Information; however, in deciding whether to comply with such a request, we may take into account the nature of the Personal Information and the purpose(s) for processing the Personal Information.

                      (iii)    You may have the right to request that we delete your Personal Information which you provided or that we have collected about you; however, we may not delete information that we maintain or use as aggregate or de-identified data provided it is not linked to a specific consumer.

                      (iv)    If such data is available in a digital format, you may have the right to receive a copy of your Personal Information that you previously provided to us in a portable format and, to the extent technically feasible, in a readily usable format that allows you to transmit the data to another controller without hindrance.

                      (v)     You may have the right to opt-out from our selling of your Personal Information.

                      (vi)     If we sold or disclosed your personal information, you may request we share:  i) the categories of Personal Information shared, ii) the categories of third parties to which the Personal Information was sold, and iii) the categories of Personal Information we disclosed for a business purpose.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Tennessee law, please contact us via any method which may be specified in the “Contact Us” section. If you would like to appeal our refusal to take action on a prior submitted request, you may do so by submitting an appeal to us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account.

Additional information for Texas Residents

          If you are a Texas resident, pursuant to the Texas Data and Privacy Security Act, we must share with you that:

                      (i)      We collect and process the categories of Personal Information described in the “Information We Collect and Receive” section;

                      (ii)     We process Personal Information for the business and commercial purposes described in the “How We Use Your Information” section; and 

                      (iii)    We may share the categories of Personal Information described in the “Information We Collect and Receive” section with the categories of third parties set forth in the “How We Share and Disclose Information” section.

          Texas law, if applicable to us, provides some Texas residents with the rights listed below:

                      (i)      You may have the right to receive confirmation as to whether we are processing your Personal Information and the right to access such Personal Information.

                      (ii)     You may have the right to request that we correct inaccuracies with respect to your Personal Information; however, in deciding whether to comply with such a request, we may take into account the nature of the Personal Information and the purpose(s) for processing the Personal Information.

                      (iii)    You may have the right to request that we delete your Personal Information which you provided or that we have collected about you.

                      (iv)    If such data is available in a digital format, you may have the right to receive a copy of your Personal Information that you previously provided to us in a portable format and, to the extent technically feasible, in a readily usable format that allows you to transmit the data to another controller without hindrance. 

                      (v)    You may have the right to opt-out from our processing of your Personal Information for any of the following purposes:  (a) targeted advertising, (b) the sale of your Personal Information, or (c) profiling in furtherance of decisions that produce a legal or similarly significant effect concerning yourself; however, please note that we do not, at this time, process your Personal Information for any of the above-mentioned purposes.

          To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Texas law, please contact us via any method which may be specified in the “Contact Us” section. If you would like to appeal our refusal to take action on a prior submitted request, you may do so by submitting an appeal to us via any method which may be specified in the “Contact Us” section.

          Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. You may designate another person to serve as your authorized agent and to act on your behalf to opt-out of the processing of your Personal Information under specifically Section (v)(a)-(b) above; however, we may request certain information in order to verify your identity and the authorized agent’s authority to act on your behalf.

Additional Information for Utah Residents

          If you are a Utah resident, pursuant to the Utah Consumer Privacy Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

         Utah law, if applicable to us, provides some Utah residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you in a portable format.

                      (ii)     You may have the right to request that we delete the Personal Information we have collected about you.

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

         To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Utah law, please contact us via any method which may be specified in the “Contact Us” section.

Additional Information for Virginia Residents

         If you are a Virginia resident, pursuant to the Virginia Consumer Privacy Act, we must share with you that:

                      (i)      We collect Personal Information for the business and commercial purposes described in the “How We Use Your Information” section;

                      (ii)     We may share your Personal Information to third parties as described in the “How We Share and Disclose Information” section; and

                      (iii)    We collect the categories of Personal Information described in the “Information We Collect and Receive” section.

          Virginia law, if applicable to us, provides some Virginia residents with the rights listed below:

                      (i)      You may have the right to know and see what Personal Information we have collected about you.

                      (ii)     You may have the right to request that we correct your inaccurate Personal Information.

                      (iii)    You may have the right to request that we delete the Personal Information we have collected about you.

                      (iv)    You may have the right to opt-out of targeted advertising, the sale of Personal Information, and automated profiling, as each is defined under Virginia law; however, please note that we do not currently perform or conduct any of the foregoing.

         To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Virginia law, please contact us via any method which may be specified in the “Contact Us” section.

Terms of Use

Last Updated November 26, 2025

          These Terms of Service and any terms expressly incorporated herein (together, the “Agreement”), together with any documents it expressly incorporates, governs the relationship and interaction between you ( Customer”, “you”, “your”, “yourself” and “User) and The Loungist Inc., a New York for-profit business corporation, together with its parents, subsidiaries and affiliates (collectively, the “The Loungist”, “we”, “us” or “our”) and your use of our digital storefronts hosted by Shopify (the “Platform”), including, but not limited to our website located at theloungist.co (the “Website”), together with any associated goods, products, services, features, functionality, or content, (collectively, the “Services”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its Affiliates to the terms and conditions contained in this Agreement, in which case the terms “you” or “your” shall refer to such entity and its Affiliates.  Throughout this Agreement, The Loungist and User may each be referred to as a “Party” or collectively, the “Parties”.

          *IMPORTANT:  PLEASE READ CAREFULLY*

          BY CHECKING THE BOX TO AGREE OR CLICKING AN “I AGREE” BUTTON, WHENEVER PRESENTED, TO AGREE TO THIS AGREEMENT, OR BY SIGNING UP, ACCESSING, OR USING THE PLATFORM AND/OR SERVICES, YOU:

        1.      ACCEPT THIS AGREEMENT AS VALID AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN;

        2.      ACCEPT THE COMPANY’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME (THE “PRIVACY POLICY”), WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, AND WHICH IS AN INTEGRAL PART HEREOF;  

        3.      REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE;

        4.     IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CORPORATION, ORGANIZATION OR LEGAL ENTITY AND BIND IT TO THE TERMS SET FORTH HEREIN; AND

          THIS AGREEMENT MAY BE AMENDED BY THE LOUNGIST, IN WHOLE OR IN PART, AT ANY TIME AND IN COMPANY’S SOLE DISCRETION, WITHOUT ANY NOTICE TO YOU. THE LATEST VERSION OF THIS AGREEMENT, AS POSTED ON THE LOUNGIST’S PLATFORM, SHALL BE THE VERSION APPLICABLE TO YOU, ON A GOING FORWARD BASIS, EACH TIME YOU USE THE PLATFORM.

         THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.

         IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK ANY “I AGREE” BOX OR CLICK ANY “I AGREE” BUTTON TO AGREE TO THIS AGREEMENT, OR SIGN UP, ACCESS OR USE THE PLATFORM AND/OR SERVICES.

         ARBITRATION NOTICE: THIS AGREEMENT CONTAIN AN ARBITRATION CLAUSE. EXCEPT AS PROVIDED IN THE ARBITRATION CLAUSE, YOU AND THE LOUNGIST AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE LOUNGIST WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CHANGES TO THIS AGREEMENT

We reserve the exclusive right to make changes to this Agreement from time to time.  Your continued access to and use of the Platform and any associated services constitutes your agreement to be bound by, and your acceptance of, the Agreement posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you visit the Platform. Therefore, we encourage you to review this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of withdrawal of your acceptance via the methods set forth in the “Notice” Section herein. Upon providing us with your notice of your acceptance withdrawal, you are no longer authorized to access or use the Platform or any associated services, and you must not do so.

1.      Agreement to Terms; Legal Age to Use the Platform and Purchase Goods. You may not order or obtain goods or services from this Platform if you (a) do not agree to these terms; (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company; or (c) are prohibited from accessing or using this Platform or any of this Platform’s contents, goods or services by applicable law.

2.     Overview. The Loungist designs, manufactures, and sells soft good accessories to the hospitality, leisure, and travel industries, as well as to individual consumers (collectively, the “Goods”). Individual Users may purchase the Goods through the Platform, as available. Users may also request The Loungist produce Bulk Orders (as defined below) or customizable Goods through the Platform for their purchase.

3.     Purchase Terms. 

        3.1     Pricing Terms.

            (a)      All prices for all Goods on the Platform are subject to change without notice. Please be aware that the prices listed for Goods on the Platform do not include taxes or charges of any kind until you reach the checkout platform. The Loungist reserves the right to amend the specific Goods that it produces, offers, and makes available, along with the prices for each, from time to time, in its sole discretion.

            (b)    
Prices for Bulk Orders or customizable orders may vary based on quantity purchased and changing customizable features, such as color or image placement.

            3.2     Shipping / Title and Risk of Loss. Shipping fees are not included in the prices reflected on the Platform until you reach the checkout platform. The Loungist shall use commercially reasonable efforts to deliver all Goods on or before the estimated delivery date. The Loungist is not liable for or in respect to any loss or damage arising from any delay in filling any order, failure to deliver, or delay in delivery. Unless otherwise noted all shipments are FOB point of origin (ICC Incoterms 2025). Risk of loss for the Goods shall pass to the User upon the tendering of Goods to the carrier. Title to the Goods shall pass to the User upon the later of receipt of full payment or tendering of Goods to the carrier.

            3.3     Returns. 

                        3.3.1      Defective Goods.
We will accept a return of the defective Goods in exchange for like Goods. If no like Goods are available, we will refund your purchase price. Such return must be made within FOURTEEN (14) DAYS of the date of your purchase (the “Return Period”) and must be returned in the condition you received them. After the Return Period, we will provide no refunds or exchanges for Goods purchased from us. 

                        3.3.2      Wholesale Customers. We will not accept returns or exchanges of non-defective Goods for any reason if such goods are customized. Customers subject to such Wholesale Agreement (as defined below) fully accept and give their consent to the manufacture of such customized Goods as shown on the Platform while confirming their order.

                        3.3.3      Cancelations.
(a) Wholesale Customers. Wholesale customers may cancel their order without penalty within twenty-four (24) hours of purchase. (b) Retail Customers. Retail customers may not cancel their order once the purchase is confirmed.

            3.4     Wholesale. All purchases of fifty (50) or more of the same Good without customization or [three hundred (300)] or more of the same Good with customization (a “Bulk Order”), whether or not customized, made through the Platform are subject to such Wholesale Agreement as accessible on the Platform, as updated from time to time, and as expressly incorporated herein (the “Wholesale Agreement”). Your purchase of a Bulk Order is subject to the Wholesale Agreement whether or not you execute such agreement separately.

4.     Your Use of the Platform.

        (a)      The Loungist provides you with access to and use of the Platform subject to your compliance with this Agreement. No material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Platform. The Platform, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, and the HTML code used to generate the pages (collectively, “Materials and Content”), is The Loungist’s property and is protected by trademark and/or copyright under United States and/or foreign laws.

        (b)     We grant you a personal, revocable, non-exclusive, non-transferable, limited license to access the Platform and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Platform and to terminate, change, suspend or discontinue any aspect of the Platform, including, but not limited to, the Materials and Content on the Platform as well as features and/or hours of availability of the Platform, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Platform or restrict your access to part, or all, of the Platform, the products or services without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

5.     Customer Data

            5.1    Company’s Acknowledgments.
The Company acknowledges and agrees that the Customer exclusively owns all right, title, and interest in and to all data, information, photos, videos, material, content, or anything of a similar nature, that is uploaded to, submitted to, or stored on the Platform by the Customer (“Customer Data”), in any form or medium, that is uploaded, submitted, collected, monitored, managed, downloaded, generated, or otherwise received, directly or indirectly from the Customer by or through the Platform. The Company will not: (a) disclose Customer Data except as compelled by law or as expressly permitted under this Agreement, the Company’s Privacy Policy, or in writing by the Customer, or (b) access Customer Data except to provide the Platform and the Services to the Customer, to prevent or address Platform technical problems, to take measures to comply, or to assist the Customer in complying, with applicable law, at the Customer’s request in connection with the Customer’s support matters, or as allowed in Company’s Privacy Policy. The Company will, at a minimum, comply with the Company’s Privacy Policy.

            5.2     Customer Data License. The Customer grants to the Company a non-exclusive, non-transferable, non-assignable, worldwide, royalty-free, fully-paid license to access and use Customer Data to provide and monitor the Platform and provide the Services to the Customer and for such other permitted purposes as set forth in this Agreement, the Company’s Privacy Policy, and the Wholesale Agreement.

            5.3     Customer’s Data Obligations. The Customer shall be solely and exclusively responsible for Customer Data that it utilizes in conjunction with its use of the Services, and the Company has no responsibility for verifying or maintaining the same (all of which shall be sole responsibility of the Customer). Accordingly, the Customer is solely and exclusively responsible for ensuring that (i) it has all of the rights, licenses, and privileges that are required for all Customer Data that it uploads, generates, transmits, stores, or otherwise makes available through the use of the Platform, and (ii) no portion of the Customer Data is unlawful or infringes upon the rights of any third party. At no time shall the Company be responsible for the accuracy, availability, correctness, timeliness, or any other quality of or concerning the Customer Data that the Customer uploads, transmits, submits, or otherwise makes available through the use of the Platform. Further, the Company shall have the right, in its sole discretion, to restrict, limit, or reject the storage or transmission of any Customer Data via the Platform and to remove any Customer Data that has previously been uploaded or transmitted, if the Company reasonably believes that such Customer Data or the Customer’s use thereof is in violation of the terms of this Agreement or the law. The Company is not responsible for any changes, additions, or deletions to the Customer Data made by Customers.

            5.4     No Sensitive Data. The Customer shall not upload, transmit, store, disclose or make available through the Platform any Sensitive Data, and the Company will have no liability whatsoever for such Sensitive Data erroneously transmitted through the Platform. For the purposes of this Agreement, "Sensitive Data” means any Personal Data that requires a heightened degree of protection by applicable law. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information, or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted requiring heightened standards for data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act, and the Gramm-Leach-Bliley Act. For the purposes of this Agreement, “Personal Data” means all information relating to a person that identifies such person or could reasonably be used to identify such person. This includes any information that is deemed “personal information” or “personal data” as defined by applicable data protection laws.

            5.5     Third Party Use. The Company may access, use, and provide third parties with access and use to the Customer Usage Data for the following enumerated purposes: (i) making the Platform functional and usable for its Users; (ii) improving the performance of the Platform; (iii) developing updates, new versions, and new Platform offerings; and/or (iv) verifying its Users’ compliance with the terms of this Agreement and enforcing the Company’s rights, including all intellectual property rights in and to the Services and Goods.

6.     Prohibited Uses of the Platform.

        (a)      Except as otherwise provided in Section 4  of this Agreement, you may not use, download, copy, print, display, perform, reproduce, publish, modify, delete, add to, sell, lease, license, create derivative works from, reverse engineer, post, transmit, distribute or otherwise exploit any Materials and Content from the Platform in whole or in part, for any public or commercial purpose without the specific prior written permission of The Loungist. You may not make use of the Platform for the benefit of another business unless explicitly permitted by us in advance in writing.

        (b)    
You shall not upload to, distribute, or otherwise publish through the Platform any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.

        (c)      You agree not to access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You further agree that you are solely responsible for your conduct while accessing or using our Platform, and you agree that you will not do any of the following in connection with our Platform or its users:

                   (i)      Use our Platform other than for its intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;

                   (ii)     Violate in any way any applicable federal, state, local, or international law or regulation;

                   (iii)    Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

                   (iv)    Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;

                   (v)     Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Platform;


                   (vi)    Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;

                   (vii)   Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Platform;

                   (viii)  Develop or use any applications that interact with our Platform without our prior written consent;

                   (ix)    Use our Platform for any illegal or unauthorized purpose, or engage in, encourage or promote any illegal activity that violates this Agreement;

                   (x)     
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

                   (xi)    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;

                   (xii)   
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

                   (xiii)  Circumvent or attempt to circumvent any filtering, security measures or other features that we may from time to time adopt to protect our Platform, our users or third parties; or

                   (xiv)  
Violate Shopify terms of service or user guidelines in any way.

        (d)     This Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that our Platform will not contain any information or content that is prohibited by such rules.

7.     Intellectual Property Ownership.

            7.1     Company Intellectual Property.
Our Platform, including the text, graphics, images, photographs, videos, illustrations, information, data, software, and other content and materials contained therein (and the selection, arrangement and presentation thereof), is owned by The Loungist, or our licensors, and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, all rights in and to our Platform are reserved by us or our licensors. Any access not expressly permitted herein, including use, copying, distribution, retransmission or modification of our Platform, without our prior written permission, is strictly prohibited. Further, you acknowledge and agree that The Loungist is and will remain the sole and exclusive owner of all intellectual property rights in and to each Good made available on this Platform and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights (as may be applicable). You do not and will not have or acquire any ownership of these intellectual property rights in or to Goods made available through this Platform, or of any intellectual property rights relating to those Goods.

            7.2    Customer Intellectual Property. Except as set forth herein, this Agreement does not give the Company any rights of ownership in, or related to, any intellectual property rights owned by the Customer.

8.     Trademarks.
The Loungist logo, “The Loungist”, “The Loungist Pet” and all related names, logos, Goods, product, and service names, designs, and slogans are trademarks of The Loungist or its affiliates or licensors. You agree not to use such marks without the prior written permission of The Loungist. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

9.     Third-Party Content.
We may provide information about third-party products, services, activities or events on our Platform, or we may allow third parties to make their content and information available on our Platform (collectively, “Third-Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10.     Reliance on Information Posted.
While we make every effort to reduce errors on our Platform, from time-to-time typographical errors, inaccuracies, or omissions relating to, but not limited to, descriptions of Goods, pricing and availability may occur. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice.

11.     Electronic Communications. When you visit our Platform, order Goods from The Loungist, sign up for electronic communication from The Loungist, or send e-mails, messages, text messages and other communications from your desktop or mobile device to The Loungist, you are communicating with The Loungist electronically. You consent to receive communications from The Loungist electronically. The Loungist will communicate with you in a variety of ways such as e-mail, messaging through the Platform, text or by posting notices and messages on the Platform. You agree that all agreements, notices, disclosures, and other communications that The Loungist provides to you electronically satisfy any legal requirement that such communications be in writing.

12.     Feedback.
You may voluntarily post, submit or otherwise communicate to us any questions, inquiries, comments, suggestions, ideas, original or creative materials, or other information or materials regarding our Platform (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

13.     Trademark Infringement Claims.
If you believe in good faith that materials available on the Platform infringe your trademark, you or your agent may send The Loungist a notice requesting that we remove the material from the Platform or block access to it. All trademark-related notices should be sent to:

            By Mail:

            The Loungist Inc.
            500 8th Avenue, Front 3, Suite 2007
            New York, NY 10018

            By Email:

            c@theloungist.co

14.     Termination.
We may immediately, without prior notice, suspend or terminate your use of and access to the Service or terminate this Agreement as they apply to you, at our sole discretion, for any reason, whether with or without cause or warning, and without liability.

15.     DISCLAIMER OR WARRANTIES. THE SERVICES AND ALL GOODS SOLD OR PURCHASED THROUGH THE PLATFORM ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, THE LOUNGIST EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND GOODS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LOUNGIST MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL BE SATISFACTORY TO YOU, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. THE LOUNGIST MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GOODS SOLD OR PURCHASED OR OBTAINED THROUGH THE PLATFORM IS WITH YOU. SHOULD GOODS SOLD OR PURCHASED OR OBTAINED THROUGH THE PLATFORM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

          THE LOUNGIST PERIODICALLY AMENDS, CHANGES, UPDATES, AND ALTERS THE SERVICE WITHOUT NOTICE. THE LOUNGIST SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT OF, OR ANY OTHER INFORMATION ON, THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LOUNGIST OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16.     LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER THE LOUNGIST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES; (III) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY THE LOUNGIST; (IV) DELAYS OR DISRUPTIONS IN THE SERVICES; (V) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE PLATFORM OR THOSE OF ANY THIRD PARTY WEBSITE, SERVICES, OR TOOLS LINKED TO THE SERVICES; (VI) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; OR  (VII) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE PLATFORM, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LOUNGIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LOUNGIST SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICE OR IN CONNECTION WITH THE SERVICE. THE LOUNGIST SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY LINKED THIRD-PARTY WEBSITES OR FOR ANY INFORMATION OR GOODS OBTAINED THROUGH USE OF THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF THE LOUNGIST SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

         
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL THE LOUNGIST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE LOUNGIST FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE LOUNGIST.

          IF YOU HAVE A DISPUTE WITH THE LOUNGIST OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. THE LOUNGIST HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

17.     Indemnity.
You agree to defend, indemnify, and hold harmless The Loungist and its employees, officers, directors, agents, representatives, licensors, suppliers, and service providers from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your use of, or activities taken, in connection with the Services; or (ii) any violation of this Agreement by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.

18.     Arbitration Clause & Class Action Waiver.

            18.1    Claims. “Claim”  
means any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, including claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world.

            18.2    Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE LOUNGIST (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH COMPANY, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, THE RIGHTS, AUTHORIZATIONS, AND LICENSES GRANTED HEREUNDER OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, ANY ACCESS OR USE OF THE PLATFORM, OR ANYTHING RELATED TO SUCH GOODS PURCHASED FROM THE LOUNGIST, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND COMPANY HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE THE LOUNGIST’S INTELLECTUAL PROPERTY RIGHTS, THE LOUNGIST MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. The American Arbitration Association Rules are available at www.adr.org/rules. This provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration shall be New York, New York. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the Party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have the authority to award damages, remedies or awards that conflict with this Agreement.

            18.3    Small Claims. As an alternative, you may bring your Claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring Claims only on your own behalf. Neither you nor Company will participate in a class action or class-wide arbitration for any Claims covered by this agreement to arbitrate.

            18.4    Class Action Waiver. YOU AGREE THAT YOU ARE HEREBY GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE LOUNGIST INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

            18.5    Arbitration Opt-Out.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Company can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, by providing us a clear statement that you want to opt out of this arbitration agreement, within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

            The Loungist Inc.
            ATTN: Arbitration Opt-out,
            500 8th Avenue, Front 3, Suite 2007
            New York, NY 10018
          
19.     Miscellaneous.

            19.1    Entire Agreement.
This Agreement constitutes the entire agreement of the Parties and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Any changes to this Agreement shall be void unless in writing and signed by both parties.

            19.2    Choice of Law. This Agreement shall be governed by the laws of the State of New York, not subject to any conflict of law provisions.

            19.3    Choice of Forum. The Parties agree that any action, litigation or proceeding of any kind whatsoever against Company in any way arising from or relating to this Agreement shall be brought solely and exclusively in Ney York, New York and the state courts of the State of New York. Company may enforce its rights against User in any venue with jurisdiction.

            19.4    No Waiver.
No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement and signed by an authorized representative of the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion.

            19.5    Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this Agreement.

            19.6    Successors and Assigns.
This Agreement is binding on and inures to the benefit of the Parties and their respective permitted successors and permitted assigns.

            19.7    Assignment and Delegation.  User may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Company. Company may assign its obligations under this Agreement, in whole or in part, to one or more of its subsidiaries engaged in the business.

            19.8    No Third-Party Beneficiaries.
This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than User.

            19.9    Notices.
The Loungist may provide any notice to User by sending a message to the e-mail address provided by User. User may provide notice to Company by personal delivery; overnight courier; or registered or certified mail to 442 5th Avenue, Suite 1188, New York NY, 10018 which Company may update from time to time. Notices provided to the User by e-mail will be effective when The Loungist sends the e-mail and notices The Loungist provides by posting will be effective upon posting. Notices provided to the Loungist by personal delivery will be effective immediately. Notices provided to The Loungist by mail are not effective upon Company until received.

            19.10    Headings.
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
Returns

We stand behind every product we create and want you to be completely satisfied with your purchase. If something isn't quite right, we're here to make it right.

How to start a return: Simply use the return link in your purchase confirmation email.

Return timeframe: You have 14 days from the delivery date to return items in their original condition with all original packaging, accessories, and documentation included.

Return shipping and fees: If your item arrives damaged or faulty, we'll cover all return shipping costs and provide a full refund. We also offer the same coverage if you simply change your mind, as long as the item(s) can be resold in the original condition.

Refunds: Once we receive and process your return, you'll see your refund back to your original payment method within 14 days.

Shipping Terms & Coverage

Service Area: We ship to all 50 United States and military addresses (APO/FPO/DPO).

Tracking: Tracking information will be provided once your order has been processed and shipped.

Restrictions: Any applicable shipping restrictions will be displayed during the checkout process. The Loungist is not responsible for lost, stolen, or incorrectly addressed packages unless the fault is ours.

Questions?

We're always happy to help. Reach out through our Contact Us page and we'll take care of you.