‍This Privacy Policy was last updated on August 1, 2024

This privacy policy (“Privacy Policy”) describes how Pedestal LLC and its respective subsidiaries, parents and affiliates (collectively, “Pedestal” or “Company” or “we” or “us” or “our”), collects, stores, uses, and shares the personal information of individuals who visit any of our websites linked to this Privacy Policy and/or the Terms of Service of which this Privacy Policy is a part (the “Terms of Service”), including our website located at “pedestal.company” as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Sites”) and access the content, information, functionality, products or services made available on or through the Sites, including, but not limited to the communities or memberships available on the Sites, educational courses, group gatherings, and events, collectively herein as the “Services”). 

By accessing, browsing, or otherwise using the Services, you agree to our collection, storage, use and disclosure of your personal information, as described in this Privacy Policy and the Terms of Service.  PLEASE READ THIS PRIVACY POLICY CAREFULLY AND IN ITS ENTIRETY BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES.

All updates to this Privacy Policy are noted at the top of this page, with time-date reference for your convenience. Pedestal reserves the right in its sole discretion to amend this Privacy Policy at any time. We will notify you of any material changes to this Privacy Policy. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes so please check the policy periodically for updates.  This Privacy Policy applies to information we collect through the Services as well as any of our other websites that post this Privacy Policy.  This Privacy Policy does not apply to websites that post different privacy policies or statements.

Privacy of Children

Our Sites and Services are not intended for persons under the age of 21. Persons under the age of 21 are not allowed to use our Sites and Services. If we learn or have reason to suspect that a user is under age 21, we will promptly deactivate that user’s account and delete any personal information collected in connection therewith. If you believe we might have any information from or about a child or person under the age of 21, please contact us at hi@pedestal.company.

What is Personal Information?

For the purposes of this Privacy Policy, personal information means information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly, or indirectly, with a particular individual or household.  Personal information does not include publicly available information.  Personal information includes health information as described below. 

What is Health Information? 

Health information is any personal information used to identify a person’s physical or mental health condition or diagnosis, including but not limited to past medical history, medication, and other medical data. 

Information We Collect About You

Information You Give Us.  

When you utilize our Services, including when you register for a class, fill out an intake form, complete an encrypted survey, speak to a course instructor, participate in a live Q&A session or a community discussion, contact us, or register to receive alerts or other information via email, text, or instant message, we may collect information that you voluntarily share with us, including first and last name, date of birth, state of residence, location information, email address, phone number, credit card number, bank information, as well as other information, including health information, and demographic information such as age, gender, and occupation, that you directly give us.

Health Information

We may also collect health information that you share with us in the course of providing the Services, including any information shared when you register for a course, fill out an intake form, participate in a class, speak to a course instructor, or guest speaker. We may ask you about your health history, allergies, and medications.

You may voluntarily share your personal experiences, health information, or additional personal details related to your health, mental well-being, and other sensitive topics in the course of participating in the Services. We are committed to maintaining the security and confidentiality of the information you share with us. However, it is important to acknowledge that in the context of group courses, while we strive to create a secure and confidential environment, we cannot guarantee that the personal information and health information shared by participants will be kept confidential by others. We will make every reasonable effort to ensure all participants respect each other's privacy and adhere to our guidelines.

Pedestal Discussion Forum

We may provide a discussion forum where you are able to post questions, comments, or other information. We may utilize information you have posted in the discussion forum for use in marketing and promotions. Any information, including your personal information and health information, that you share on a discussion forum is not private. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. 

Photographic and Audiovisual Recordings

If you attend a class, we may also collect personal information that we capture when recording these sessions. Photographic and audiovisual recordings will be used only for the purpose of making these recorded sessions available to our members or class participants at a later date. These recordings are available only to those who have enrolled in the recorded class. You acknowledge that audiovisual and photographic recordings of you may be stored by us and accessed by and supplied to our employees, government agencies, and others at Pedestal in our sole discretion at any time, for any purpose, with or without a legal order or subpoena, and without notice or financial compensation to you.

Information We May Automatically Collect

Through the use of the Sites, we may automatically log information about you and your computer or mobile device.  For example, when visiting our Sites, we may log your computer operating system type, browser type, IP address, geolocation information, referring website from which you accessed the Sites, pages you viewed on the Sites, how long you spent on a page on the Sites, access times and information about your use of and actions on our Sites.  We may collect device information about your mobile device.  If you do not want us to collect this information, you may decline our request or disable location services in your mobile device’s settings.  However, opting out of the collection of location information will cause location-based features to be disabled and the online and/or mobile application may not function properly.

We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends and to learn more about the demographics of our users. Such third-party service providers may use data collection tools to compile reports and provide us with other services in connection with the Services. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request us to delete.

Sensitive Information. With your consent, we may collect and process information about your actual location (geolocation data). You can deactivate access to your mobile device’s precise geolocation in your mobile device’s settings.

Inferences drawn from the above information about your predicted characteristics and preferences; and other information about you that is linked to the personal information above.

Digital Advertising and Analytics

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and the other Services and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

Pedestal adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, the Sites and the other Services may not function as intended.

We may also work with third parties that collect data about your use of the Sites and the other Services and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the Sites and the Services and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use the Sites, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.

Cookies and Similar Technologies

The Sites and the other Services use cookies and similar technologies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. For the purpose of this Privacy Policy, cookies and other similar technologies (like scripts, plugins, tags, device fingerprints, Local Stored Objects, beacons and pixels) are all called “cookies.” The following cookies are used on the Sites and the Services:

• Strictly necessary cookies. These are cookies that are required for the operation of the Sites and the other Services. They include, for example, cookies that enable you to put items in your shopping cart.
• Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Sites and the other Services when they are using the Sites and the other Services. This helps us to improve the way the Sites and the other Services work, for example, by ensuring that users are finding what they are looking for easily.
• Targeting and advertising cookies. These cookies record your visit to the Sites and the other Services, the pages you have visited, and the links you have followed. We will use this information to make the Sites, the other Services and any advertising which may be displayed on the Sites and the other Services more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies.  You can do this through your browser settings. Because each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your Site experience more efficient may not function properly or otherwise be available to you.

Information Collected from Third Party Platforms. If you communicate with us through or mention us on a social media or other third-party platforms, we may collect information about you, such as your name, your username associated with that platform and any information or content you have permitted the platform to share with us.  The platform provider’s privacy policy will apply to your interactions with the platform and its collection, use and sharing of your personal information, including when you interact with pages that we maintain on social media platforms.  We will treat such personal information about you that we receive from such platforms as described in this Privacy Policy. You should check your privacy settings in your social media accounts to understand what information is sent to us through these services and how to restrict it.

Do Not Track Signals

We honor do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place.

How We Use Your Information

We may use your personal information and health information for any lawful purpose, including the following:

• Improve our Services, functionality, and overall user experience;
• Deliver our Services to you;
• Personalize your experience;
• Better cater and market to our users, as well as learn about preferences and usage habits;
• Respond to customer service requests, comments and questions;
• Send emails and notifications regarding our Services, news and other updates; 
• Follow up with you about Services you participated in (live chat, email, or phone);
• Provide targeted advertising and offers as described above in the interest-based advertising section above
• Provide you with marketing and promotional information on our behalf or on behalf of our marketing partners, and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• Tailor social media advertisements to you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Troubleshoot technical difficulties and errors;
• Link or combine user information with other personal information;
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which personal information held by us about our Site users is among the assets transferred;
• For our legal compliance and to maintain the security of the Services;
• As permitted or required by applicable law or regulatory requirements; and

• For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

We may also use personal information that has been de-identified and/or aggregated for purposes not otherwise listed above.

Artificial Intelligence. We, our service providers and the third parties we work with use artificial intelligence (AI) and machine learning technologies, including generative AI, to facilitate the processing of personal information described in this Privacy Policy.

Who We Share Personal Information With

Except as disclosed in this Privacy Policy, we do not disclose your personal information to any companies not part of Pedestal or its parent, subsidiaries, affiliates, or related entities. 

Without providing advance notice, we do not sell, rent, trade, or otherwise transfer to outside parties any identifying personal information or health information, except in the form of aggregate consumer information, as described below.  We may, however, share your personal information and health information as follows:

• With third party vendors who perform services for us or process data on our behalf, such as e-mail service providers, shipping service providers, payment processors, texting platforms, warehouses, and e-commerce providers;
• With third parties who engage in advertising, such as advertising networks, social media networks, or advertising/marketing companies;
• With other companies and brands owned or controlled by Pedestal, including our subsidiaries.
• With our insurers and brokers; banks; external auditors;
• Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties; 
• As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
• With your consent or as otherwise disclosed at the time of data collection or sharing;

• We may share information that has been de-identified or aggregated without limitation;
• We may share personal information or health information for any other purpose disclosed by us when you provide such information.

We may also share your personal information and health information with our employees, contractors, subcontractors, consultants, affiliates, successors in interest and other parties who require such information to assist us with carrying out our business functions. For example, we may share your personal information or health information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.  

Finally, we may also sell, rent, or share aggregate consumer information (i.e., anonymized summary data) with others for their own uses.  Specifically, if you register to use any of the Services or create an account, we may sell, rent or share certain aggregate consumer information that we compile using personal information collected about you and other users.  This aggregate consumer information will never include your name, phone number, email address, or mailing address.  We may sell, rent or share this aggregate consumer information with our partners and other companies for their own marketing, product development, research, or other uses.  

We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at hi@pedestal.company.

Third-Party Links and Tools

The Sites and the Services may include embedded web applications. These web applications are operated by third parties and may collect personal information about you on our behalf; however, we do not control the privacy practices of such applications, and they are not covered by our Privacy Policy. In addition, the Services may provide links to third-party websites or apps. Such websites or apps are not covered by this Privacy Policy. You should review the privacy policies of other websites or apps that you use to learn about their information practices.

The Sites and the other Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties.  If you use these tools to share personal information or you otherwise interact with these features on the Sites and the other Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to carefully read the privacy policies of any accounts you create and use.

International Transfers

Pedestal is based in and operates exclusively in the United States.  If you are located in a jurisdiction outside the US, the data protection laws in the US may not be considered to provide an adequate level of protection under your local data protection laws.  If you are a visitor to Sites or user of the Services and prefer not to have your personal information transferred to the United States, do not access or use the Services. For transfers of personal information, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient.  You can request a copy of the appropriate safeguards by contacting us as set out below.

Data Retention

We will retain your personal information for as long as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. We will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain personal information you have submitted to us. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information.

Accessibility

Individuals who need assistance accessing this Privacy Policy, our Terms of Service, or need technical or customer support in an alternative format can do so by contacting us at the email address below.

HIPAA

Pedestal is not an entity that is covered by the Health Insurance Portability and Accountability Act (“HIPAA”). The HIPAA privacy rules apply generally to health plans, health care clearinghouses, and to health care providers. This means that the information that you provide is not protected by the HIPAA privacy rules and regulations.

Your Privacy Rights and Choices

Except as otherwise provided, this section applies to residents of California, Colorado, Connecticut, Utah, Virginia, and other states where privacy laws applicable to us grant their residents the rights described below.  With respect to the collection of your personal information, you have the following rights with respect to your personal information.  The right: (1) to update or amend personal information that we have collected about you if it is inaccurate or incomplete; (2) to request that we disclose the personal information that we have collected about you; (3) to request the categories of sources from which your personal information is collected; (4) to request the categories of third parties with whom we share personal information; (5) to request the business or commercial purpose for collecting your personal information; (6) to request the categories of personal information sold and the categories of third parties to whom the personal information was sold; (7) to request that we delete or restrict personal information; (8) to request that we limit the ways we use and disclose sensitive personal information (as defined by California law) to uses which are necessary to perform the Services; (9) to opt out of the processing of your personal information with respect to direct marketing or targeted advertising purposes; and (10) not to receive discriminatory treatment for the exercise of your privacy rights.  You also have the right to designate an Authorized Agent to submit a request on your behalf.

How to Exercise Your Rights

You can request to know whether we have collected your personal information, and in certain cases, information about how we use and share it.  You have the right to request this information once within a twelve (12) month period.  If you are a California resident, you have the right to request this information up to two times in a twelve (12) month period.   You have the right to designate an authorized agent to make a request on your behalf.  To exercise your rights, please contact us at hi@pedestal.compay or the mail address set forth in the section entitled “Contact Us” below.  Requests must include “Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that we are not required to respond to requests made by means other than through the provided email, telephone number, or mail address. You have the right to appeal our denial of any request you make under this section.

Google Analytics Opt-Out

You can learn more about Google Analytics, one of the analytics services we use, and how to opt-out of being tracked by Google Analytics, here:  https://tools.google.com/dlpage/gaoptout  at https://www.facebook.com/privacy/explanation. You can learn about and opt out-out of personalized ads from Google by visiting https://adssettings.google.com, or from Facebook by visiting https://safety.google/intl/en/privacy/ads-and-data/ and following the instructions to manage your ad preferences.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We will require you to provide, at minimum, your full name and an email address or a mobile phone number.

Your Choices

When you make a purchase, register, or enroll in of our courses or programs, you accept to receive transactional and service-related communications via email. 

We may also email marketing messages, program updates, or other promotions. If you decide you no longer which to receive these communications, you may opt out by using the link provided at the bottom of each marketing message or by contacting us at hi@pedestal.company and putting “UNSUBSCRIBE” in the subject line. To opt out of receiving text messages from us, please reply to a text message from us and respond “STOP.”

Updating Your Information

You may request to review, change, or update your contact information by e-mailing us at hi@pedestal.company.

Consent

By using our Services, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy. You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be addressed to hi@pedestal.company.  Please note that in some circumstances, withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access the Sites.  

Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time. We will text you, e-mail you and/or post a notification on the Sites and/or in the other Services in the event of any material changes to this Privacy Policy. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification and will apply to information we collect after the changes are effective. If the change is not material, the change shall be effective immediately upon appearing on the Sites and the other Services regardless of the date of notice. Please check this Privacy Policy periodically for changes.

Terms of Service

This Privacy Policy and its terms and provisions are incorporated into, and a part of Terms of Service (below), 

Contact Us

If you have questions, comments, or concerns about this Privacy Policy, please contact us at hi@pedestal.company.

Pedestal LLC

hi@pedestal.company

_____________________________________________

PEDESTAL TERMS OF SERVICE

These Terms of Service were last updated on: September 16, 2024

This Terms of Service (“Agreement” or Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your” or “user”) and Pedestal LLC and its respective subsidiaries, parents and affiliates (referred to herein as “Pedestal,” “Company,” we,” “us,” or “our”).  By accessing, visiting, browsing, using, or attempting to interact with or use any part of this website, or any pedestal.company services or content (collectively, the “Service”), you agree that you have read, understood, and agreed to be bound by these Terms.  Pedestal receives the right to change the Terms at any time and without notice to you.  Your continued use of any part of this website or any Service constitutes your acceptance of such changes to these Terms.  You should review these Terms periodically to determine if any changes have been made. 

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND PEDESTAL. TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.  FOR THE AVOIDANCE OF DOUBT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PEDESTAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Privacy. Your visit to and use of our Service is also governed by our Privacy Policy. Please review our Privacy Policy at pedestal.company.  We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of our Service.
2. Age Requirements. In order to access and use the Service, you must be at least twenty-one (21) years of age and fully able and competent to enter into this Agreement and abide by its terms.  Individuals under the age of twenty-one (21) are not permitted to use the Service.  By accessing or using the Service, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.  Any use of the Service by anyone under the age of 21 is strictly prohibited.
3. Acknowledgment of Law. THE CULTIVATION, PRODUCTION, EXTRACTION, DISTRIBUTION, POSSESSION, OR SALE OF CERTAIN PSYCHEDELICS AND ASSISTING OTHERS OR CONSPIRING WITH OTHERS TO DO SO IS ILLEGAL UNDER FEDERAL LAW.  You acknowledge and agree that psilocybin and other psychedelic operations, including without limitation the distribution, possession, processing of psilocybin is currently prohibited under state criminal laws and/or state food and drug laws in a number of U.S. States and is subject to prohibitive policies and/or restrictions in a number of other U.S. States.  You access and use the Service at your own risk, and you are responsible for ensuring that your use of the Service is compliant with all applicable laws, rules, regulations, and treaties, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third parties.
4. Safety Acknowledgment. Using controlled substances outside of the lawful supervision of a medical professional may result in serious health complications including hospitalization, unknown lasting effects, or death. By accessing the Service you acknowledge the information provided through the Service is provided for informational and educational purposes only.  In no way is any of the information contained in these Terms or elsewhere on the Service intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical condition, seek the advice and assistance of a physician or trained health professional before consuming any psychedelic.  There are serious contraindications with various health conditions and pharmaceutical medications.  Do not consume psychedelics if on any medications (especially SSRIs) without consulting with a doctor first.
5. Third Party Products and Services. We may post, discuss, or provide information about products and services of third parties over which we have no control (collectively, “Guidance”).  Such Guidance is informational and for your convenience only.  We make no representations with respect to, nor do we guarantee or endorse, the quality, accuracy, completeness or reliability of such third-party materials, programs, products, and services.  You are solely responsible for making a selection of a practitioner, coach, or other product or service and determining whether he/she/they/it are suitable for you. Always conduct your own research before acting on any Guidance.  Pedestal shall not be liable for any loss or damage of any sort related to any Guidance. We do not provide referrals to “underground” (illegal) psychedelic services. 
6. Cancellations and Refunds. Charges paid by you for courses or other products and services are final and non-refundable. Pedestal has no obligation to provide refunds or credits, but may grant them, in each case in Pedestal’s sole discretion.
7. Ownership. All content included on this Service is and shall continue to be the property of Pedestal or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.  Any copying, redistribution, use or publication by you of any such content or any part of the Service is prohibited, except as expressly permitted in this Agreement.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Service.
8. License; Restrictions; Ownership.

1. License. Subject to the terms of this Agreement, Pedestal grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Service solely for your personal use. 
2. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. 
3. Ownership. You acknowledge that all the intellectual property rights in the Service are owned by Pedestal or Pedestal’s licensors.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pedestal or its licensors, except for the licenses and rights expressly granted in this Agreement.  You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations, or other content and information provided by you relating to the Service are non-confidential and shall become the sole property of Pedestal.  This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by Pedestal.  Any trademarks, logos, service marks, company or product names displayed through the Service are trademarks of Pedestal or third parties, and no right or license is granted to use them.

9. Errors, Inaccuracies and Omissions.  We undertake no obligation to update, amend or clarify information on the Service.  No specified update or refresh date applied to the Service should be taken to indicate that all information on the Service has been modified or updated.  We are not responsible if content is not accurate, complete, or current.  All of the information provided in the Service, whether historical in nature or forward-looking, speaks only as of the date the information was provided, and Pedestal does not undertake any obligation to update such information after it is posted or provided, or to remove such information from the Service if it is not, or is no longer, accurate or complete.  Any reliance on content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Service.
10. Email Communications. You agree that we may send you emails concerning our services, as well as those of third parties.  You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.  YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICE. 
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Service.  You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
12. Indemnification. You agree to defend, indemnify and hold Pedestal (and its subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Service, (ii) your violation of this Agreement; (iii) your violation of applicable laws or regulations; or (iv) your experience as a result of any Guidance.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without Our prior written consent.  We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimer. THE SERVICE, INCLUDING WITHOUT LIMITATION ANY GUIDANCE, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.  PEDESTAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  PEDESTAL MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE, MATERIALS, AND INFORMATION AVAILABLE ON THE SERVICE OR THROUGH THE SERVICE FOR ANY PURPOSE.  WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PEDESTAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, YOUR USE OF THE SERVICE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOR SHALL COMPANY BE LIABLE FOR ANY ACT, OMISSION, OR OUTCOME RELATED TO ANY GUIDANCE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD-PARTY.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO CEASE ALL OF YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Dispute Resolution; Arbitration; Jury and Class Action Waiver; Forum Selection Clause. 

1. Dispute Resolution.  In the event of any dispute with Pedestal, you agree to first contact Pedestal to attempt in good faith to resolve the dispute. Either party may commence this negotiation by delivering written notice to the other party.  All offers, promises, conduct and statements, whether oral or written, made in the course of  negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
2. Arbitration. If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court.  We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to this Agreement, the Service, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.  The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses.  The arbitration will be conducted in the English language, in Denver, Colorado, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules.  The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal.  The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury.  This Section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
3. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
4. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Agreement while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the email provided in below.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

16. California Users and Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
17. Accessibility. Individuals who need assistance accessing these Terms, our Privacy Policy, or need technical or customer support in an alternative format can do so by contacting us at the email address below.
18. Copyrights and Copyright Agent. This website qualifies as a Service Provider within the meaning of 17 U.S.C. § 512(k) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the safe harbor provisions. To that end, and in accordance with the DMCA, 17 U.S.C. § 512, Pedestal has implemented procedures for reporting instances of copyright infringement.  If you are a copyright holder or its authorize representative, and believe in good faith that content residing or accessible on or through our website infringes your copyrighted work, you may submit a notice of copyright infringement by sending written notice of copyright infringement to our designated agent (“Agent”) electronically at hi@pedestal.company.  Your notice of copyright infringement should provide the following information:
    
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Service;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please do not send any other information to our Agent. Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

19. Applicable Law. You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Pedestal or its affiliates.
20. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Waiver. The failure of Pedestal to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by Pedestal must be in writing and signed by an authorized representative of Pedestal.
22. Termination. Pedestal may terminate this Agreement at any time, with or without notice, for any reason.
23. Relationship of the Parties. Nothing contained in this Agreement or your use of the Service shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
24. Entire Agreement. This Terms of Service constitutes the entire agreement between you and Pedestal and governs the terms and conditions of your use of the Service.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Service. 
25. Contact Information.

Pedestal LLC

hi@pedestal.company

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