Terms of Use

Last Updated: February 15, 2024

This Terms of Use Agreement (the “Terms”) applies to your use of the websites available at https://iq.distilladvisory.com/ (collectively, the “Site”), operated by LaniJane Inc. and LaniJane Boards LLC (doing business as DISTILL) (“DISTILL”), and any related services, products, offers, events, and apps (the “Services”). By accessing the Site, or by purchasing or using our Services through our Site, you are acknowledging that you have read, understood, and accept these legally binding Terms. Please read these Terms carefully.

DISTILL reserves the right to modify these Terms, and our Site and Services at any time. If we do, any changes or modifications will be posted on the Site . If you access or use the Site or our Services after a change, that means you accept the changes, so you should make sure to review our posted policies from time to time. If you do not agree to these Terms, you may not use our Site, products, or Services.

1. Your Access to the Site & Services

You must be at least eighteen (18) years or older to access the Site or Services.

Subject to the Terms, DISTILL grants you a limited, non-exclusive, non-transferable, revocable license to use the Site and Services. The license granted to you terminates immediately if you breach any of these Terms. For access to certain Services, DISTILL may require you to register for an account and provide additional information or payment. All information you provide must be accurate and truthful. If you decline to provide the requested information, provide false information, or fail to make a required payment, DISTILL may cancel your account and deny you access to the Services at any time, without notice.

You may request deletion of your account at any time by sending a request to cancel and delete your account to [email protected]. Please note that DISTILL may retain certain information about your account as required by applicable law or for our legitimate business purposes.

2. Prohibited Uses

You agree not to copy any of our content for the benefit of any third party, or use any data mining, scraping, or similar data gathering tools. You also agree not to reproduce, copy, modify, display, sell, visit, or exploit any content from the Site or Services for any purpose.

You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You also agree not to engage in any activity that in DISTILL’s opinion conflicts with the spirit or intent of these Terms. DISTILL reserves the right to deny you access to the Site and Services if, in DISTILL’s sole discretion, you have failed to abide by this Agreement. You also agree to follow all laws, rules, and regulations whether local, state, federal, international, or otherwise.

3. Account Security Responsibility

If you choose to register on the Site or through the Services, you may need to choose a username and set a password. You are responsible for all the activity on the Site and as part of the Services, and for keeping any usernames and/or passwords confidential. If you know or suspect that someone has used your username and/or password without permission, you must immediately report it to us at [email protected].

You should use particular caution when accessing the Site and Services from a public or shared computer so that others are not able to view or record your password or other personal information. DISTILL reserves the right to disable any account, username, or password at any time and for any reason, particularly where abuse or misuse is suspected.

4. Payment Information

Your payment information for any purchases you make through the Site or Services will be processed and stored through a third-party payment processor. You are responsible for paying any and all fees associated with your use of the Site and Services, including any products purchased through the Site. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law. Please refer to the Site or Services for pricing information. You acknowledge that DISTILL may change its prices at any time.

5. Your Information and Data

DISTILL only uses your information as described in the Privacy Policy, available at https://iq.distilladvisory.com/privacy. We understand the importance of protecting your personal information, but if you object to your information being transferred or used as described in the Privacy Policy, you may not use the Site or Services.

6. Intellectual Property

The Site and Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without DISTILL’s prior express written permission. Except for the limited license identified in Section 1 above, you acknowledge nothing in these Terms grants you any right, title, or interest in any of DISTILL’s intellectual property.

7. Third Party Sites and Content

The Site and Services may include content provided by third-parties, or links to third-party websites. All statements and/or opinions expressed in these materials, other than the content provided by DISTILL, are solely the opinions and the responsibility of the person or entity providing those materials. DISTILL is not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties. If you utilize links to other websites, such sites likely have their own terms of service and privacy policy, which may be different from those of DISTILL. You acknowledge and agree that DISTILL is not responsible for the content presented by third-parties.

8. Our Rights

All rights not expressly granted to you in these Terms are expressly reserved by DISTILL. This includes the following rights, which we reserve the right to exercise at any time:

You agree that DISTILL is not liable for any damages that may result from taking any of the above actions.

9. Disclaimer of Warranties

DISTILL tries to keep the Site and Services working, error-free, and safe, but cannot guarantee that the Site and/or the Services will be secure or that access to or use of the Site and the Services will be uninterrupted or free of errors or omissions. DISTILL uses reasonable care and skill in providing the Site and the Services, but the Site, the Services, and any products provided through the Site are provided without any warranties of any kind.

DISTILL and its agents, officers, employees, successors, and affiliates provide the Site, the Services, and any products available through the Site “as is with all faults” and “as available” without warranty of any kind, and DISTILL hereby disclaims all warranties and conditions with respect to the Services whether express or implied and expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. DISTILL does not warranty against interference with your enjoyment of the Services, the availability of content, that the Services, the Site, or any products will meet your particular needs, that the Site is free of viruses or other harmful components, that the operation of the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the functions contained in the Site will function with other software or hardware, or within a system. No oral or written information or advice given by a DISTILL-authorized representative shall create a warranty.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion may not apply.

10. Limitation of Liability

In no event will DISTILL, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, any sites linked to it, any content on the Site, and products purchased from the Site, the Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of business opportunity, business interruption, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. These exclusions or limitations will apply regardless of whether or not DISTILL has been warned of the possibility of such damages.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law. To the extent liability cannot be excluded or limited as set forth above, in no event shall DISTILL be liable for any claim, whether in contract, tort, or under any other theory of liability, in excess of the amount actually paid by you to DISTILL in the twelve (12) months preceding any such claim.

11. Indemnification

You agree to indemnify, hold harmless, and defend DISTILL, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site, the Services, or products acquired through the Site by you or anyone using your account; (ii) breach of these Terms by you or anyone using your account; (iii) any information used, stored, or transmitted in connection with your account; or (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account.

12. Monitoring; Enforcement; Termination

You acknowledge that DISTILL has the right to (i) monitor your use of the Site and Services to ensure compliance with the Terms; (ii) take any action with respect to any content or actions that DISTILL deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.

13. Governing Law; Mandatory Binding Arbitration

These Terms shall be governed by Minnesota law except for its conflicts of laws principles. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services, or violation of any intellectual property. You agree that any proceedings arising out of these Terms or your use of the Site or Services shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to these Terms.

This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer's country.

14. Miscellaneous

No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

If any provision of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

These Terms and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and DISTILL with respect to your use of the Site, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and DISTILL relating to the Site.

Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to [email protected].