Consumer Lawsuits | Mass Torts

Privacy Policy

Last updated August 22, 2022

Genius Brands, LLC owns and operates this site Consumer Lawsuits ("ConsumerLawsuits"). ConsumerLawsuits is committed to advising you of the right to your privacy, and strives to provide a safe and secure user experience. This Privacy Policy explains how we collect, store and use personal information, provided by you on our website. By accessing and using our website, you explicitly accept, without limitation or qualification, the collection, use and transfer of the personal information provided by you in the manner described in this Privacy Policy. Please read this Privacy Policy carefully, as it affects your rights and liabilities under the law. If you disagree with the way we collect and process personal information, please do not use this website.

1. Scope of Policy

This Policy applies to this website www.ConsumerLawsuits.org. It regulates the processing of information relating to you and grants both of us various rights with respect to your personal data. It describes what type of information we collect, how we use that information, and to whom we can provide that information. It also informs you of how to notify us to stop using your information. We are located in the United States of America. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our website, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States of America.

2. Information We Collect

We collect general types of information about you when you visit and use our website such as personal information, demographic information, behavioral information, quiz answers and indirect information. Sometimes we collect combinations of these types of information.

Personal information is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), and email address or other unique information about you which you provide to us during the registration process, or though the course of communicating with us about the services provided on our website.

Demographic information is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, telephone number(s) (including mobile phone number(s) and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.

Behavioral information is information pertaining to how you use our website, the areas of our website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.

Indirect Information is information which is provided to us by a third party or web technology information that we automatically collect from you when you visit our website. This includes information collected from the use of cookies, Web beacons or JavaScript.

No Information Collected from Children. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at Genius Brands, LLC,8 The Green, Suite 4000, Dover, DE 19901 if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.

3. Use of Cookies, Web Beacons, and JavaScript

Cookies. "Cookies" are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our website. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our website, and deliver specific content to you based on your past viewing history. You can disable cookies, although our website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of our website, you need to accept cookies.

Removing Cookies. You have the ability to accept, decline or remove cookies, at any time, by modifying your browser settings. Please see http://cookiecentral.com for more information.

Web Beacons. We use electronic images known as Web beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web beacon resides. We may also use Web beacons in email messages sent to you.

Disabling Web Beacons. Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.

Javascript. We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our website’s functions.

Disabling JavaScript. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our website.

IP Addresses. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). We automatically collect your IP address. We may use this information for research on our users’ demographics, interests, and behavior, to better understand and serve you. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not) and your computer browser information. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify you. Your IP address can reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites.

4. How We Use Information Collected

Providing Services. We use the information we gather on our website to provide you with the services you have requested. This includes emailing you our newsletters and third-party advertising on or throughout website.

Improving Our Website. We use the information we gather to respond to any inquires you make, operate and improve the functionality of our website, and deliver the services advertised on our website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.

Sharing Information. We may also make your name, email address, mailing address, and/or demographic information available to carefully selected business partners, vendors and other third-party organizations to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. Many of our users find this a valuable and time-saving service.

Telephone Consumer Protection Act of 1991. Your telephone number will not be used by ConsumerLawsuits or shared with any third-party unless you specifically opt-in to receive telephone communications and/or SMS and Text Messages to the phone number submitted by you, by agreeing to consent language that complies with the Telephone Consumer Protection Act of 1991 ("TCPA"), including a list of third-parties by which you specifically consent to be contacted for marketing and other solicitation purposes.

5. Disclosure of Information to Others

We may disclose your information to third parties throughout the world, or combined personal, demographic, behavioral or indirect information, in the following ways:

Product and Service Delivery. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance and provide customer service.

Website Functionality. We share your information with third parties who help us in the delivery of our services.

Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.

Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.

6. Third Party Collection and Use of Information

Advertisers. Advertising agencies, advertising networks, and other companies who place ads on our website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.

Hyperlinks. Our website or emails may offer links to and from other third-party sites. Other sites have their own policies regarding privacy. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the Genius Brands, LLC brand site through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.

Scripts. We may use, at our sole discretion various third-party company scripts to independently document users’ consent to be contacted. The scripts are embedded on our website and collect the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser.

7. Security

We endeavor to safeguard and protect your information. When you submit information on our website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited and not accessible to the public.

8. Changes to Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, it is your responsibility to review this Privacy Policy any time you visit this Website. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.

9. California Resident Rights

California Civil Code Section 1798.83 permits customers of Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to: Genius Brands, LLC,8 The Green, Suite 4000, Dover, DE 19901 .

10. Unsubscribe from emails

If you wish to no longer receive emails from ConsumerLawsuits.org, you may use the unsubscribe link at the footer of all email messages or email us at hello@ConsumerLawsuits.org with the subject "Unsubscribe" from the email address you wish to unsubscribe from our database, along with any other applicable instructions in the body of your email. Your email address will then be promptly removed from our email database within 48 business hours from the time the email was received by us.

11. Contact Us with Any Questions

Please do not hesitate to contact us with any questions or requests you have regarding our services or this Privacy Policy by emailing us at hello@ConsumerLawsuits.org.

12. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. "Claim" means any dispute between you, Genius Brands, LLC, and/or any involved third party relating to your account or information you provide. Genius Brands, LLC agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Genius Brands, LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. Sections 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Genius Brands, LLC both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Genius Brands, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Genius Brands, LLC, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Genius Brands, LLC,8 The Green, Suite 4000, Dover, DE 19901 . You agree to negotiate with Genius Brands, LLC in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after receipt of your written dispute, you agree to the dispute resolution provisions below.

Commencement of Arbitration. You and Genius Brands, LLC agree to commence any arbitration proceeding within one (1) year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after one (1) year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Genius Brands, LLC agree.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Genius Brands, LLC.

Arbitration Fees. Genius Brands, LLC shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to those for any attorneys, experts, documents, and witnesses.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although Genius Brands, LLC may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Genius Brands, LLC agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with Genius Brands, LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Genius Brands, LLC and shall not be modified except in writing by Genius Brands, LLC.

Amendments. Genius Brands, LLC reserves the right to amend this arbitration provision at any time. Your continued use of any Genius Brands, LLC Website, purchase of a Genius Brands, LLC product, or use or attempted use of a Genius Brands, LLC product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Genius Brands, LLC will provide you notice and an opportunity to opt-out. Your continued use of any Genius Brands, LLC Website, purchase of a Genius Brands, LLC product, or use or attempted use of a Genius Brands, LLC product, is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY EMAILING HELLO@ConsumerLawsuits.ORG. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.

This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information").

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you.

• Indirectly from you. For example, through information we collect from our clients in the course of providing services to them.

• Directly and indirectly from activity on our website.

• From third-parties that interact with us in connection with the services we perform.

Use of Personal Information. We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided.

• To provide you with information, products or services that you request from us.

• To provide you with email alerts.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

• To improve our website and present its contents to you.

• For testing, research, analysis and product development.

• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers. Category B: California Customer Records personal information categories.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.

• Service providers.

• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

• Third party marketers who we feel you will benefit from their services.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Privacy Settings. When you visit our website, we may store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the website work as you expect it to and to provide a more personalized web experience. However, you can manage settings and choose not to allow certain types of cookies, which may impact your experience of the website and the services we are able to offer.

Do Not Sell My Personal Information. To opt-out from having your personal information shared with any third party, email us at hello@ConsumerLawsuits.org with "Do Not Sell My Personal Information" in the subject line and include the personal information we may have collected from you in the body of the email along with any other applicable instructions.

Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• sales, identifying the personal information categories that each category of recipient purchased; and

• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing hello@ConsumerLawsuits.org.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice. We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information. If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us by emailing hello@ConsumerLawsuits.org.