Terms of use.

Effective date: November 14, 2023

Welcome to erinwest.co

EH Night Sky LLC, a Delaware limited liability company (“Night Sky”, “we”, “our”, “us”), operates the website located at the URL www.erinwest.co (together with any other website or applications branded as Erin West, the “Website”). These Website Terms of Use constitute an agreement between Night Sky and you, the visitor, governing your access and use of the Website. Please read these Terms of Use carefully before you start using the Website. These Terms of Use are also incorporate by reference into our Privacy Policy.

Acceptance of these Terms of Use

WHEN YOU ACCESS OR USE THE WEBSITE OR RECEIVE OR PURCHASE ANY PRODUCT OR SERVICES FROM US, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE PRODUCTS AND SERVICES PROVIDED BY Night Sky.

Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by Night Sky, if you breach these Terms of Use.

We reserve the right to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use.

NO INVESTMENT ADVICE; Educational Information Only

NO INVESTMENT ADVICE IS PROVIDED ON THE SITE OR BY NIGHTY SKY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY Night Sky OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR INVESTMENT ADVISOR OR OTHER INVESTMENT PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR INVESTMENT ADVISOR OR OTHER INVESTMENT PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY INVESTMENT PRODUCT OR INSTRUMENT. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN YOU AND Night Sky, ITS AFFILIATES OR ANY THIRD PARTY. 

THE WEBSITE PROVIDES EDUCATIONAL INFORMATION CONCERNING TRADING STOCKS AND INVESTING IN THE STOCK MARKET. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF FINANCIAL LOSS AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES. THE STOCK MARKET IS UNPREDICTABLE. YOU WILL LOSE MONEY. EVERY TRADER DOES. WHILE THE METHOD TAUGHT BY NIGHT SKY TEACHES HOW TO LIMIT FINANCIAL LOSSES WHEN TRADING STOCKS, YOU WILL LOSE MONEY IF YOU TRADE STOCKS. YOU MAY LOSE ALL OF THE MONEY YOU INVEST. NIGHT SKY DOES NOT PROMISE ANY RESULT FROM ITS METHODS. YOUR OUTCOME AS A STOCK TRADER DEPENDS ON YOUR UNDERSTANDING OF THE METHOD, YOUR ABILITY TO MANAGE YOUR EMOTIONS AND NERVOUS SYSTEM WHILE TRADING, MARKET CONDITIONS AND MANY OTHER FACTORS. NIGHT SKY DOES NOT AND CANNOT PROVIDE INVESTMENT ADVICE. ALWAYS EVALUATE EVERY POTENTIAL INVESTMENT YOURSELF AND/OR WITH YOUR INVESTMENT ADVISOR. 

Terms of Use Table of Content

  • License to Use the Website

  • Children’s Online Privacy Protection Act Notification

  • Registration

  • Intellectual Property Rights

  • Restrictions

  • Privacy and Communications

  • Modification or Suspension of the Website and Right to Terminate your use of the Website

  • Warranty Disclaimer

  • Indemnity and Release

  • Limitations on Liability

  • Law and Jurisdiction

  • Binding Arbitration and Class Action Waiver

  • Waiver and Severability

  • Assignment

  • Entire Agreement

License to Use the Website

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained on or via the Website. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising-revenue generation active on your own website or in any other form or medium.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms of Use.

Children’s Online Privacy Protection Act Notification

You may only use the Website if you are 13 years of age or older. To register for an account, purchase products or services via the Website, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any medium) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy erinwest.co/privacy-policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, Night Sky hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Registration 

You may have the option to create an account by providing us with your name and email address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Website. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products or services that may be listed on the Website. Please refer to our Privacy Policy erinwest.co/privacy-policy for more details about submitting your personal information to us.

Accounts

In creating an Account, you may not misrepresent your identity or your affiliation with any person or organization and you may never use another person’s Account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. Please notify us immediately of any breach of security or unauthorized use of your Account by sending an email to bonjour@erinwest.co with “Unauthorized Use” in the subject line.

Termination by Registered User

You may terminate your Account at any time by sending an email to bonjour@erinwest.co with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by replying “Unsubscribe” to any email or sending an email to erin@erinwest.co with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Website, termination of your Account and/or cancellation of your Subscription.

Intellectual Property Rights

The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Night Sky, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws. 

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Website as well as any material created by Night Sky and accessed through your engagement with the Website, whether or not such material is hosted or accessible on the Website, such as any Night Sky course hosted on third-party sites, like Loom or Podia, any material sent by Night Sky to you electronically, any messaging communications, such SMS messaging or Telegram app messaging, and any webinar or live event hosted by Night Sky, whether or not accessible via third-party software. Night Sky tries to ensure that the Content is accurate and complete.

Your use of the Website and Content is at your risk. Night Sky does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Night Sky and its suppliers make no warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. Night Sky reserves the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website and Content, you acknowledge, agree and confirm that Night Sky is not liable to you or any third party for any such withdrawal.

The Content is created by us and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Website. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to bonjour@erinwest.co with ‘Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Night Sky Content, unless the Content is connection with educational information, paid or unpaid, that you have opted in to. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Night Sky and we accept no responsibility for any such third party opinions and views.

Restrictions

You may not under any circumstances:

  • Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;

  • Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;

  • Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;

  • Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;

  • Access the Website or Content via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;

  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the Night Sky system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Night Sky or any connected networks, or take any action to impact the proper operation of the Website or content and any person’s or entity’s use or enjoyment thereof;

  • Bypass the measures we may use to prevent or restrict access to or use of the Website or Content, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;

  • Use the Website or Content to collect any personally identifiable information, including Account names and email addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or

  • Attempt to reverse engineer any aspect of the Website or Content attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.

Privacy and Communications

Privacy

We respect your privacy. By accessing or using the Website you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy erinwest.co/privacy-policy which is incorporated into these Terms of Use by reference.

Consent to Electronic Communication 

You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us.

You consent to receive SMS communications from us if you opt in to such communications on our Website or by sending a message to a phone number that we maintain. We will never sell or share your mobile telephone number to third parties without your written consent. If you opt in to receive SMS messages from us to your mobile telephone number, you will receive, on average, one SMS message each day. These message may be related to products or services you have purchased or in connection with promotion of our products or services. Message and data rates may apply. You may permanently opt out of SMS communications from us by texting “STOP”. You may pause SMS communications by email “PAUSE SMS” to bonjour@erinwest.co.

Modification or Suspension of the Website and Right to Terminate Your Use of the Website

We reserve the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by Night Sky that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Linked Destinations

The Website may contain links to other websites (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Night Sky only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Night Sky expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Night Sky is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Warranty Disclaimer

The information, products and services included in or available through the Website are continually upgraded and updated. While Night Sky will use commercially reasonable efforts to verify the accuracy of any information it places on the Website, Night Sky does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND AND YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. Night Sky EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

Night Sky DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE AND Night Sky WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Website shall be at your sole risk and responsibility. Night Sky reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

Indemnity and Release

You agree to indemnify and hold harmless Night Sky and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Night Sky by any third party due to or arising out of or in connection with any breach by you of these Terms of Use, your violation of any third party right and your use of and access to the Website or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

California residents, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Limitations on Liability

THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NIGHT SKY NIGHT SKY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR Night Sky AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Night Sky AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL NIGHT SKY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS Night Sky AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. Night Sky MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Night Sky shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and Night Sky agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by email to bonjour@erinwest.co. We will send any notice of dispute to you at the contact information we have for you. You and Night Sky will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at bonjour@erinwest.co with “Arbitration Request” in the subject line. 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You agree to arbitrate with Night Sky only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in King County, Washington.

Waiver and Severability

No waiver by Night Sky of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Night Sky to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction.

Entire Agreement

These Terms of Use, our Privacy Policy and the other agreements referred to herein constitute the sole and entire agreement between you and Night Sky with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

If you have questions regarding these Terms of Use, please consult an attorney.

It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please feel free to contact us by email at bonjour@erinwest.co.

Privacy policy.

Effective date: November 14, 2023

Welcome to Night Sky

EH Night Sky LLC., a Delaware limited liability company (“Night Sky”, “we”, “our”, “us”), operates the website located at the URL www.erinwest.co and any other websites or applications branded as Erin West, the “Website”). Night Sky respects your privacy rights and is committed to protecting the information we collect from you online.  This Website is operated in the United States and in accordance with the law of the United States.

Scope of Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal, company, financial and other information that you provide to us on the Website or otherwise, as well as how we care for your privacy and protect such information. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service), or (iii) otherwise provides any personal, company, financial or other information to us.

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH NIGHT SKY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING 

THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Website may contain links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties may have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collected

We may collect the following information:

  • Your name, addresses, telephone numbers (including mobile telephone numbers), email addresses, date of birth, username, password and other personally identifiable information;

  • Certain demographic profile information to be used in the aggregate, such as your age, gender, occupation, hobbies, interests, zip/postal code or country. Demographic information is not considered personal information unless it is linked to personal information about a specific user;

  • Service provider name and the date, time and content of any messages sent from you to us;

  • IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, Internet protocol address, operating system type, browser type and language) and user-specific or aggregate information on what pages you access on the Website). Technical information is not considered personal information unless it is linked to personal information about a specific user;

  • Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;

  • Information provided on any application or authorization, such as your location, your handset type, your UDID (unique handset code) and any other information you or your mobile device provides to us;

  • Information regarding purchase of and uses of our services; and

  • Other information provided to us in any way, shape or form.

Currently we are using Squarespace and Google Analytics to analyze the audience of the Website and improve our content.

How Information is Collected

We may collect information in one or more of the following ways:

  • Through the completion of electronic forms found on the Website, whether via computer or mobile device;

  • Through SMS (Short Message Service) messages sent via cell phone, or through email and other communications;

  • Through telephone calls and/or emails made to us, or vice versa;

  • Through surveys;

  • Through referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others;

  • Through the maintenance and analysis of Website server logs; and

  • Via “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means (for more information, see “Use of Web Technologies” below).

Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.  You may not be able to access certain features of the Website if you choose not to register for an Account.

Use of Information / Data Collected

We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. While we do not currently use third-party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company, to promote our products and services, and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you.  

We do not share, rent, sell or otherwise disclose the personal information we collect from you to third parties for direct marketing purposes.  We may share aggregate or non-personal information for any legally permissible purpose. We do not use your personal information to make automated decisions.  We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services. We may also use the information you provide to market products and services to you. We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications. We may also use information provided by you to manage your Account.

We may store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. We will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

We may add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We currently use geolocation for purposes of tracking your location when you use the Website to better target product and service offerings and other information to you.

We will never sell or share your mobile telephone number to third parties without your written consent. If you opt in to receive SMS messages from us to your mobile telephone number, you will receive, on average, one SMS message each day. These message may be related to products or services you have purchased or in connection with promotion of our products or services. Message and data rates may apply.

We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.

Use of Web Technologies

Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We may link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use the Website but your ability to use some areas of the Website may be limited.

Tracking Pixels

We may employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.

We may also use tracking pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Opting Out” section of this Privacy Policy below.

Log Files

As is true of most websites, we gather information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

Do Not Track

When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Security

We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry-recognized security safeguards such as site monitoring, firewalls and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.  

Please note that the personal information you provide to us will be processed in the United States of America or other countries where laws regarding processing of personally identifiable information may be less stringent than the laws in your country.

No Information Collected from Children

The content and services provided by us or our affiliates, sponsors and advertisers are not intended for children under the age of 13. If you are under the age of 18 or otherwise not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

Communications

Based upon the personally identifiable information that you provide to us, we may send you  welcome emails. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. Except for emails regarding your Account or any orders for products or services, you may unsubscribe to communications from us by clicking the “unsubscribe” link in our emails.

Opting Out

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please click the “unsubscribe “ at the bottom of our emails or send an email to bonjour@erinwest.co, with the word “REMOVE” in the subject line. You may unsubscribe permanently from of any SMS messages you opted into by texting the word “STOP.” You may temporarily pause any SMS messages you opted into by emailing bonjour@erinwest.co, with the words “PAUSE SMS” in the subject line.

Visitors GDPR Rights

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifiersuch as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include: You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company.

As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data. We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you.

We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.

Privacy Policy Updates

We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at bonjour@erinwest.co. By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have agreed to and accepted this Privacy Policy.

Manage Accurate Information

If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by email at the contact information listed below to assist you with changes to your Account. To the extent your Account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

International Users

Night Sky is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. Those who choose to access the Website or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.  By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

Business Transitions

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We may transfer your information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We may also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

Additional Information or Assistance

If you have any questions or suggestions regarding this Privacy Policy, please contact us at email: bonjour@erinwest.co.

The data controller responsible for your personal data is EH Night Sky LLC, reachable at bonjour@erinwest.co.