TERMS & CONDITIONS

OVERVIEW

These Terms & Conditions (“Terms”) are effective June 29, 2026.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE COMPANY WEBSITE AND SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US, AND WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

IN ADDITION, IF YOU CHOOSE TO PARTICIPATE IN OUR SUBSCRIPTION PROGRAM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU TAKE STEPS TO PREVENT IT FROM RENEWING AS EXPLAINED IN SECTION 15 BELOW.

This website is operated by Selfist, LLC dba Plain Speak. Throughout the website, the terms “Company,” “Plain Speak,” “we,” “us,” and “our” refer to Selfist, LLC and its affiliates, successors, and assigns. The words “you” and “your” refer to each individual user accessing and using our website and services. The Company offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website, signing up for our newsletters, participating in our SMS Program (as defined below), and/or purchasing products from our website, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users engaging in our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of posts.

Please read these Terms carefully before accessing or using our Service.

GENERAL CONDITIONS

By using our Service you are representing that you are 18 years of age or older and are legally capable of entering into contracts. We will not be liable for any damages that may result from a misrepresentation of age by you. We reserve the right to refuse to provide our Service to anyone for any or no reason at any time.

You understand that any information or content that you provide us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our website and/or Service is not accurate, complete or current. The material provided on our website and Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website or information obtained through our Service is at your own risk.

Occasionally there may be information on our website or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in our Service or on any related webpage is inaccurate at any time without prior notice (including after you have submitted your order).

We are not obligated to update or amend information on our website or Service except as required by law. Any dates or references should not be taken to mean that information has been updated. Our website and Service may contain historical information provided for reference only. We may modify content at any time, but have no obligation to do so. You agree it is your responsibility to monitor changes to our website and Service.
HEALTH INFORMATION DISCLAIMER

Any information provided in our website and through our Service is provided for informational, entertainment, educational and general wellness purposes only and is not intended to constitute medical advice or replace discussions with a physician or other qualified healthcare provider. The Company does not endorse or warrant the validity of any such health related statements found on our website or through our Service or in any third party sites referenced in the website. You understand that our products and our Service are not substitutes for treatment or advice of your medical provider, primary care physician, or any other qualified healthcare professional.

The statements made within our website or Service have not been evaluated by the U.S. Food and Drug Administration, and none of our products or Service are intended to diagnose, treat, cure, or prevent any disease or medical condition. Anyone with a nutritional concern or other health concern should visit a qualified medical professional for diagnosis and treatment. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on our Service. Never disregard professional health advice or delay in seeking it because of something you have read on or about our products and Service.

Results from the use of our products vary by individual. We cannot guarantee that you will achieve any particular outcome. Factors including age, diet, lifestyle, genetics, and overall health may affect how our products work for you.

Some of our products contain natural ingredients that may cause sensitivity or allergic reactions in some individuals. If you have known allergies or sensitivities, review the product label carefully before use and consult your healthcare provider if you have any questions.

If you experience any adverse reaction after taking our products — including nausea, rash, difficulty breathing, or other unexpected symptoms — discontinue use immediately and consult a physician. If you are pregnant, nursing, or managing a chronic health condition, do not use our products without prior medical guidance.
ACCOUNTS

Some features of our Service require that you register and create an account through our website. You may create an account through our website or by linking a supported third-party account, such as Shop, or other third-party platforms we may make available from time to time (“Third-Party Account”). When you create an account with us, you represent that you are over the age of 18 and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account and use of our Service (in whole or in part). As part of the registration process, you will be asked to provide us with certain personal information about you including without limitation, your name and email and to create a password for your account. If you register or sign in using a Third-Party Account, you authorize us to access and use certain information from that Third-Party Account as permitted by the applicable third-party platform and its terms of service. You should review the privacy settings and terms of any Third-Party Account you use to sign in.

To sign in to your account you will be asked to provide us with your email address on file and the password that you have created or can sign on via your Third-Party Account (collectively, “Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials.

You accept responsibility for any and all activities or actions that occur under your Account Credentials, whether through direct login or a linked Third-Party Account. You must not allow others to use your Account Credentials, and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your account. Unless required by law, we are not liable for losses resulting from unauthorized use of your account and your Account Credentials, whether or not you were aware of it. To help protect against fraud, we may place your account on hold at any time, with or without prior notice.
WRITTEN COMMUNICATIONS

Legal Notice. By using our website and Service, you consent to receive all agreements, disclosures, notices, and other communications (“Notices”) electronically — whether by email or by posting on this website. Electronic Notices satisfy any legal requirement that communications be in writing. To withdraw this consent, contact us by email. This consent covers legal and service-related communications only.

Newsletters. If you sign up for our newsletter, you agree to receive personalized marketing emails at the address you provide. We use a third-party marketing automation platform to deliver these emails and personalize them based on your preferences and interactions with our brand. You may unsubscribe at any time by following the instructions in any marketing email we send.

SMS Communications. By subscribing to our products and providing your mobile phone number, you consent to receive text messages from us at the phone number you provide regarding order updates, subscription reminders, and other related and promotional matters. You will not be required to consent to receive promotional text messages as a condition of purchasing any product or Service. These messages are managed through a third-party subscription management platform. Message frequency will vary. Message and data rates may apply. You may opt out at any time by replying STOP to any text message we send. After opting out, you will receive a single confirmation message and no further messages will be sent unless you re-enroll. To request help, reply HELP or contact us through any of the means set forth in the Contact Information section of these Terms. You represent that you are the account holder or have authorization from the account holder for the phone number you provide. You agree to notify us immediately if your phone number changes. We are not liable for messages sent to a reassigned or transferred number.
OPTIONAL TOOLS AND USE OF ARTIFICIAL INTELLIGENCE

We may provide access to third-party tools through our website. These tools are offered “as is” and “as available” without warranties, representations, or endorsement of any kind. We have no control over third-party tools and accept no liability for your use of them. Any such use is entirely at your own risk, and you should review the terms of the applicable third-party provider before use.

We may also introduce new features or services through our website, all of which are subject to these Terms.

Some of the third-party vendors we work with may use artificial intelligence and machine learning technologies as part of the services they provide. For example, our subscription management platform may use AI to respond to certain text message inquiries. We do not control how our vendors deploy AI, and their use of these technologies is governed by their own terms and privacy policies. We make no representations regarding the accuracy, reliability, or appropriateness of any AI-generated output produced by third-party vendors or tools.
THIRD-PARTY LINKS

Our Service may include materials from our third party partners and service providers.

Third-party links on this website and Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party website, tool or service, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website and Service, and any of its content (in whole or in part): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us; or (m) to implicate and/or reference personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PRODUCTS

We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our product offerings on our website and Service, without notice, at any time. The products available on our website and Service, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or the Service.
PROMOTIONAL TERMS

Any and all offers, contests, sweepstakes or promotions advertised on the Service (collectively “Promotions”) are void where prohibited, and are subject to the posting of any official rules to such Promotions.
ORDERS AND PAYMENT

Our products are sold on a subscription basis only. By placing a subscription order you are authorizing us to make recurring charges at the frequency you select until you cancel. See Section 15 - SUBSCRIPTION PROGRAM; AUTOMATIC RENEWAL FEE below for further details.

Prices for our products are subject to change without notice. All prices are listed in US Dollars. The price you see at checkout is the price you pay.

We currently rely on third party service providers to process payments and accept payments through various credit cards, including Visa, MasterCard, American Express, Discover, as well as PayPal and Shop Pay. You may choose to link a credit card to your account to facilitate a one-time, or recurring payment(s) for your orders (see Section 15 - SUBSCRIPTION PROGRAM; AUTOMATIC RENEWAL FEE ).

If we are legally required to collect sales tax on products you order, the applicable state and local sales tax amount will be calculated and added to orders at the time of checkout. When an order is submitted, an estimated tax amount will post to your account. The exact tax rate for your order will be calculated according to applicable rates and rules for your local tax jurisdiction and will be reflected once final payment is settled.
ACCURACY OF BILLING AND ACCOUNT INFORMATION

If you wish to purchase any product made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including without limitation your account information (e.g., Account Credentials), credit card number, the expiration date of your credit card, security code, your billing address and your shipping information.

You agree to provide current, complete and accurate purchase and account information for all Purchases made through the Service. You agree to promptly update your account and other information, including without limitation your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (b) the information you supply to us is true, correct and complete; and (c) that you will pay for all charges incurred through the use of your account (if applicable).

Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. Additionally, by submitting your information, you consent to our use and disclosure of the information to these third-parties subject to our Privacy Policy at https://weareplainspeak.com/pages/privacy-policy, which is incorporated herein by reference (“Privacy Policy”).
SHIPPING POLICY

When you place an order for an item through the website, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. We are not liable for orders shipped to incorrect addresses. If you have a default address set up through Shop Pay or PayPal, please ensure that your address is updated with the respective payment processor before placing an order with us.

All standard delivery costs via ground delivery will be paid by Company for all subscription orders. No minimum purchases are required. Expedited shipping options are available at checkout, at the customer’s expense.

In general, all orders received before 12 p.m. (noon) EST Monday through Friday will be processed and shipped within one to three business days from Company’s receipt of a verified order and payment. Orders received after 12 p.m. (noon) EST or on a holiday or weekend may be processed the next business day. Orders will only be shipped to addresses within the 50 states of the United States of America. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped. You can check the status of your order by clicking logging into your account and clicking on your most recent order.

All products purchased from the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Company delivers these items to the carrier.

All items must be shipped to a valid street address, PO box or APO box. Please know that if your products are being shipped to a freight forwarding service, we are not liable for lost packages or required to provide any refund of payment.
RETURNS AND REFUNDS

Our Policy

We stand behind the quality of every product we make. Your first subscription order is backed by a 30-day money-back satisfaction guarantee. If you are not satisfied for any reason, contact us within 30 days of delivery and we will refund your full purchase price — no questions asked.

After the initial 30-day satisfaction guarantee period, refunds are available only for products that arrive damaged or defective. We encourage you to inspect your order upon delivery and notify us promptly of any issues. For damaged or defective products, see “Damaged or Defective Products” below.

Our refund policy applies only to products purchased directly through our website. We cannot guarantee the quality of products sold by unauthorized third-party sellers and are not responsible for refunds or replacements for purchases made through unauthorized channels.

How to Request a Refund

To request a refund, please contact us at hello@weareplainspeak.com with the following information:
- Your order number
- The reason for your refund request
- Photos of the product, if the item is damaged or defective
We will respond within 2 business days of receiving your request. Approved refunds will be processed to your original payment method within 5–10 business days of approval. Shipping and handling charges are non-refundable unless the return is due to our error or defective product. Please note that your bank or card issuer may require additional processing time before the credit appears on your statement.

Non-Refundable Situations

The following are not eligible for a refund: (i) Opened products beyond the first-order satisfaction guarantee, unless the product arrives damaged or defective; (ii) Orders shipped to an incorrect address provided by the customer at the time of purchase; (iii) Dissatisfaction with taste or flavor alone where more than half the product has been consumed (applicable to second orders and beyond); (iv) Products purchased from unauthorized third-party sellers or resellers; and (v) Orders where customers fail to contact us within the applicable refund or damage notification window set forth in this Section.

Damaged or Defective Products

If your product arrives damaged or you believe it is defective, please contact us at hello@weareplainspeak.com within 7 days of delivery. Requests submitted after 7 days of delivery will not be eligible for a refund or replacement except as required by applicable law. Include your order number and photos documenting the issue. We will work with you to resolve the matter promptly, which may include a replacement or refund of the purchase price, at our discretion.
SUBSCRIPTION PROGRAM; AUTOMATIC RENEWAL FEE

All products are available for purchase exclusively through our subscription program, which allows you to place recurring orders on a scheduled basis while supplies last (the “Subscription Program”). Subscription orders ship via ground shipping at no charge, regardless of order value.

Deliveries on all recurring orders under the Subscription Program will automatically continue at the frequency and quantity you specify from the date of your subscription order, unless you modify your subscription as set forth in these Terms. You can customize your orders under the Subscription Program by changing your quantity and delivery frequency or cancel your subscription at any time at least one (1) business days before your next subscription charge by logging into your account through our website and updating your subscription by clicking the “Cancel Subscription” link on your account homepage. You can also call us at 1-513-449-0702. Monday through Friday from 9 a.m. to 5 p.m. CST. or send us an email to hello@weareplainspeak.com to change or cancel your participation in our Subscription Program. Any changes or cancellations received by the Company after 5 p.m. CST, will be processed the next following business day.

OUR SUBSCRIPTION PROGRAM INCLUDES AN INITIAL PAYMENT FOLLOWED BY RECURRING CHARGES AS PER THE TERMS YOU HAVE AGREED TO. BY ENROLLING IN OUR SUBSCRIPTION PROGRAM, YOU CONSENT TO RECEIVE REGULAR PRODUCT DELIVERIES AND ACKNOWLEDGE THAT YOUR SUBSCRIPTION INVOLVES BOTH AN INITIAL AND ONGOING PAYMENT FEATURE. YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU AUTHORIZE THE COMPANY TO CHARGE YOUR DEBIT CARD, CREDIT CARD, OR OTHER SELECTED PAYMENT METHOD FOR THE FEES ASSOCIATED WITH THE RECURRING ORDER YOU HAVE CHOSEN.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER SELECTED PAYMENT METHOD. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, FEES, DUTIES, TAXES, AND ASSESSMENTS ARISING OUT OF ANY USE OF YOUR ACCOUNT OR THE SUBSCRIPTION PLAN SELECTED BY YOU OR ANYONE ELSE USING YOUR ACCOUNT CREDENTIALS. IN ADDITION, YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM. YOU UNDERSTAND AND AGREE THAT IF YOU PARTICIPATE IN OUR SUBSCRIPTION PROGRAM, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT ON PRODUCTS UNDER THESE TERMS IF YOU FAIL TO NOTIFY THE COMPANY TO CANCEL YOUR SUBSCRIPTION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR THE DURATION OF THE SUBSCRIPTION PLAN THAT YOU SELECTED. THE RENEWAL CHARGE SHALL BE THE AGGREGATE PRICE OF THE PRODUCT(S) SELECTED AS STATED ON OUR WEBSITE PLUS ANY ADDITIONAL APPLICABLE TAX CHARGES OR FEES. IF YOUR SUBSCRIPTION PLAN INCLUDES A DISCOUNTED PRODUCT PRICE FOR A PROMOTIONAL PERIOD, ONCE THE PROMOTIONAL PERIOD EXPIRES, YOUR SUBSCRIPTION WILL RENEW AT THE FULL PRODUCT PRICE. PRICES OF OUR PRODUCTS ARE SUBJECT TO CHANGE. THE SUBSCRIPTION PROGRAM CANNOT BE COMBINED WITH OTHER OFFERS AND/OR DISCOUNTS OFFERED BY THE COMPANY.

YOU MUST PROMPTLY NOTIFY US IF YOUR CREDIT CARD IS LOST, STOLEN, OR USED WITHOUT PERMISSION. IN SUCH AN EVENT, WE WILL REMOVE THAT CREDIT CARD NUMBER FROM YOUR ACCOUNT AND UPDATE OUR RECORDS.

THE COMPANY RESERVES THE RIGHT TO CANCEL YOUR SUBSCRIPTION AND/OR THE SUBSCRIPTION PROGRAM AT ANY TIME FOR ANY OR NO REASON. UPON CANCELLATION OF YOUR SUBSCRIPTION, YOU WILL NOT BE CHARGED ANY ADDITIONAL FEES FOR THE NEXT RECURRING ORDER AND YOU WILL CEASE RECEIVING ANY SUBSCRIBED PRODUCTS.
INTELLECTUAL PROPERTY

The content, organization, graphics, design, compilation, product design and labeling, and other matters related to our website and Service are protected under applicable U.S. and international copyright, trademark and intellectual property laws. PLAIN SPEAK, STRENGTH WATER, and all our logos and other marks are either trademarks or registered trademarks of the Company (“Trademarks”). Unless disclosed otherwise in writing, we exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within our website and related to our Service, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on our website and Service by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair the Company’s ownership of this website, Service and any content therein or the validity or enforceability of the Company’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on our website and Service at any time without notice. Nothing contained in these Terms will be construed by implication, estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of the Company or any third party. None of the material on our website or Service may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of the Company, which permission may be withheld in our sole and absolute discretion.
SOCIAL MEDIA

This Section applies to everyone who interacts with our social media presence including without limitation those who access our social media accounts through our website and comment, view, hashtag, tag, create content featuring our products or Service, tweet, link or anyway interact with any other elements of our social media presence viewable on Facebook, Instagram, WhatsApp, X (fka Twitter), YouTube, Pinterest, or any other third-party social media platforms (“External Social Media Sites”) that we may utilize (collectively “External Social Media Presence”).

External Social Media Sites are places of public information exchange, and you should have no expectation of privacy when using them. Except as expressly set forth in these Terms, neither these Terms nor our Privacy Policy apply to our External Social Media Presence found on the External Social Media Sites. The External Social Media Sites that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.

The comments and opinions expressed by users on External Social Media Sites are theirs alone and do not reflect our opinions. Comments that some would consider inappropriate or offensive may appear on our External Social Media Presence and may remain there until they have been called to our attention or the attention of the appropriate party to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see an offensive or inappropriate post or comment on our website, including any External Social Media Presence that we incorporate into our Service, you should report it to us via the contact information below.

The Company may incorporate or feature its External Social Media Presence on this website and Service at its sole and absolute discretion, including without limitation “posts” (as defined below) created by you.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; YOUR LICENSE TO US

If you send certain specific submissions or creative ideas, suggestions, proposals, plans, reviews, testimonials, commentary, feedback or other materials, whether online, by External Social Media Sites, by linking to or interacting with our External Social Media Presence, by email, by postal mail, or otherwise, whether with or without our consent (collectively, “posts”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any posts that you forward to us. We are and shall be under no obligation: (a) to maintain any posts in confidence; (b) to pay compensation for any posts; or (c) to respond to any posts.

By providing, publishing, posting or displaying posts you: (i) represent and warrant that (1) you own or otherwise have all necessary rights to the posts and have the right to grant the applicable license set forth herein, (2) the posts comply with all applicable laws, and (3) you are at least eighteen (18) years old; and (ii) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully paid, and fully transferable, assignable, and sublicensable worldwide right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, publish, broadcast, make, sell, export, and otherwise use the posts (in whole or part) on this website or otherwise, and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any posts that you provide to us; therefore, you should retain copies of all such data and information for your own records.

You represent and warrant that posting and publishing any such posts on or in connection with our products or Service does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any posts which are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violate any law or obligation of confidentiality. We assume no and disclaim all responsibility or liability arising from the posts or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any posts. We reserve the right, in our sole discretion, to post, reject to post, refuse to post or remove any post by you (in whole or in part), or to restrict, suspend or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others. If you upload content on our website and Service, we may remove such content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may, at our sole and absolute discretion, terminate your access to our Service if we believe you appear to infringe the intellectual property rights or other rights of others.

We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that something on our website has infringed your copyright in any material way, please notify the Company and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
  - an identification of the material you claim is infringing so that we may locate it on the website;
  - your address, telephone number, and email address;
  - a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
  - a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
  - that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by writing to the attention of the Company’s DMCA designated copyright agent who can be reached as follows:

Selfist, LLC

Address: PO Box 1006

New Albany, OH 43054

Email: hello@weareplainspeak.com

Telephone Number: 1-513-449-0702
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE COMPANY DOES NOT WARRANT THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY CLAIMS, STATEMENTS, OR INFORMATION ON THIS WEBSITE OR SERVICE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION AND/OR PRODUCTS SHOWN ON THIS WEBSITE OR ANY OTHER WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT UNDER APPLICABLE LAW AND EXCEPT AS PROVIDED FOR UNDER THESE TERMS, ALL PRODUCTS AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS, THE USE OF THE SERVICE OR CONTENT AVAILABLE ON THIS WEBSITE.

THE COMPANY DOES NOT WARRANT THE INFORMATION, SERVICES, OR PRODUCTS PROVIDED HEREIN OR YOUR USE OF THE SERVICE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE AND OUR SERVICE. THE COMPANY CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER THE COMPANY, NOR ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS OR EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE, THE CONTENT CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE COMPANY OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL THE COMPANY OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE COMPANY OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, THE PRODUCTS OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICE(S)/PRODUCTS GIVING RISE TO SUCH CLAIM DURING THE PRIOR SIX (6) MONTH PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, this website, your Purchase, your account, your posts, any acts or omissions by you or on your behalf with respect to any Purchase and/or any posts, or your breach of applicable laws, these Terms or the documents and policies referenced herein and any use of our products for an unintended, illegal or unauthorized purpose. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Both you and the Company agree that any dispute, controversy or claim arising out of or relating to these Terms and this website, our products or Service, including without limitation, the formation, existence, validity, interpretation, or the breach or termination of these Terms, or whether a dispute, controversy, or claim arising out of or relating to these Terms is arbitrable, shall be settled by binding arbitration conducted by JAMS, Inc. in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this arbitration agreement shall be interpreted as limiting any non-waivable statutory rights.

The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Delaware. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. Notwithstanding the foregoing, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

You agree that you have voluntarily chosen to visit this website, use the Service and purchase our products, and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). Both you and the Company hereby expressly waive any rights to maintain any Class Action in any forum. Any court or arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration or lawsuit. Any claim that all or part of these Terms to arbitrate and Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

YOU HEREBY AGREE THAT THIS WAIVER APPLIES TO YOUR USE OF ANY ASPECT OF OUR WEBSITE, PRODUCTS, AND/OR SERVICE, AND APPLIES, WITHOUT LIMITATION, TO ANY CIVIL CLAIMS YOU COULD HAVE PURSUED AGAINST THE COMPANY, INCLUDING ANY CIVIL CLAIMS RELATED TO THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT BY YOUR VOLUNTARY USE OF THE WEBSITE AND SERVICE, AND BY THE PURCHASE AND USE OF OUR PRODUCTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HAVE AGREED TO PURSUE ANY CIVIL CLAIMS YOU MAY HAVE AGAINST THE COMPANY INDIVIDUALLY BY THE TERMS OF THE BINDING ARBITRATION DESCRIBED ABOVE. THIS PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

30-Day Right to Opt-Out - To opt-out of your agreement to arbitrate disputes and to waive raising or participating in any Class Action claims, you must notify us in writing within 30 days of these terms first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms containing an Arbitration Agreement and Class Action Waiver provision) by emailing us at hello@weareplainspeak.com and providing us with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you wish to opt out of the Arbitration Agreement and Class Action Waiver provision in these Terms.
GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Subject to the arbitration provision above, any legal actions related to these Terms, or your use thereof, will be brought and conducted in Delaware, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him or her as contemplated by this Section.
TERM AND TERMINATION

These Terms remain in effect while you use our website and the Service. We may suspend or end your access (including your account) at any time, for any reason, including misuse of the Service or if we believe you are under 18. If your account is terminated, your right to use the Service ends immediately and your posts (if any) may be deleted. We are not responsible for any loss that results from terminating your account or deleting your content.

Certain sections of these Terms—including those on intellectual property, trademarks, user content, prohibited use, disclaimers, indemnity, limits on liability, and dispute resolution—will still apply even after these Terms terminate.

We also reserve the right to suspend or terminate your access to our website or Service, in whole or in part, and may disable or delete your account and related information at any time, without notice.
SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party to the extent permitted by applicable law.
PERSONAL INFORMATION

Any and all information that we obtain from you, or from transactions processed through the Service, including without limitation, names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the website or use of applications or software of our third party service providers may be collected, used and shared by us as provided in our Privacy Policy located at https://weareplainspeak.com/pages/privacy-policy, which is incorporated herein by reference. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS

California

If you are a consumer residing in California, the following provision of these Terms applies to you. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding this website with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, California 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to dca@dca.ca.gov.

New Jersey

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranties; Limitation of Liability; (ii) Indemnification; and (iii) Dispute Resolution; Arbitration Agreement and Class Action Waiver, including the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
CHANGES TO TERMS & CONDITIONS

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
CONTACT INFORMATION

If you have questions or concerns regarding these Terms or need to obtain a copy of these Terms in alternate format due to a disability, please contact us by email at hello@weareplainspeak.com or by phone at 513-449-0702.

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TERMS & CONDITIONS

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