WHAT INFORMATION WILL COMPANY COLLECT?
Company will not collect any personally identifiable information from you (such as your name, address, telephone number or email address) unless you provide it to us voluntarily, for example, when you purchase one of our products, participate in a survey or enter one of our promotional contests. In some cases, we may collect information online about you that is non-personally identifiable. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our website, promotion or advertisement.
HOW WILL COMPANY USE AND DISCLOSE THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT?
We want to communicate with you via email correspondence only if you want to hear from us. If for any reason you would no longer like to receive email messages from Company, you can unsubscribe by clicking the link provided in the email message or email us at firstname.lastname@example.org to remove yourself. Please allow up to 10 days for us to process your request.
Please note, if you opt not to receive marketing emails from Company , you may still receive “Transactional” email messages regarding your order (i.e. order confirmation, shipping information, customer service notifications, etc.).
We may contract with companies or individuals to provide certain services including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We may share personally identifiable information with them solely as appropriate for them to perform their functions, but they may not use such information for any other purpose.
If you use this website and create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account with the use of your password.
HOW WILL COMPANY PROTECT MY PERSONALLY IDENTIFIABLE INFORMATION IT COLLECTS?
Company takes its responsibility very seriously to protect your personally identifiable information. We have implemented physical, electronic and managerial procedures designed to protect the integrity, security and appropriate use of the personally identifiable information. It is Company’s policy not to retain personally identifiable information longer than required for its intended purpose. Given that unencrypted electronically transmitted data is not 100% secure, we make no warranties as to the security of any information that you submit electronically, the submission of which is done at your own risk. Company is not responsible for the data collection and use practices of companies or organizations to which our websites may provide links.
WHAT IF I DO NOT WANT MY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED, DISCLOSED OR USED?
If you do not want your personally identifiable information collected, please either: (i) follow the procedures, where available, indicated at the point of collection to “opt out” so that your personally identifiable information is not collected; or (ii) where an “opt out” is not offered, do not submit personally identifiable information to us. If you have submitted personally identifiable information and wish to withdraw your consent to its retention, use or disclosure, please contact us at email@example.com. You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice.
TO STOP RECEIVING MOBILE ALERTS & PROMOTIONAL TEXT MESSAGES from Company, simply text “STOP” in response to any text message you receive from Company, send an email to firstname.lastname@example.org or call us at (614) 562-6663. Your number will be removed from our subscription list.
HOW DO I ACCESS OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
If you would like to access or correct your personally identifiable information, please write to: email@example.com. Some information may not be accessed in certain circumstances, for example, if it contains personally identifiable information of other persons or for legal reasons.
“COOKIES” – WHAT INFORMATION MAY BE AUTOMATICALLY STORED ON YOUR COMPUTER?
When you view one of our websites, promotions or online advertisements, we may store some information on your computer in the form of “cookies” or similar files. This information stored on your computer’s hard drive does not contain any personally identifiable information, but enables us to communicate more meaningfully with you. These cookies also enable you to use our websites more efficiently by storing your log-in information. With most internet browsers, you can erase cookies from your hard drive, block cookies or receive a warning before a cookie is stored on your computer. Please refer to your browser’s help screen or browser instructions to learn more about these functions.
WHAT ABOUT CHILDREN?
The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, except where noted, are the property of Company and are protected by copyright, trademark and other laws. The compilation of all content on this site is the exclusive property of Company and is protected by United States and international copyright laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of Company.
When you visit the Site, purchase product from the Site, or send e-mails to us, you are communicating with us electronically, and in turn you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Company will use reasonable efforts to include accurate and up-to-date information on this Site, but makes no warranties or representations as to its accuracy.
The Site is provided on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Neither Company nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Communications or materials transmitted to the Site via the Internet are subject to alteration or interception by third parties. Although Company will treat your information as confidential, we cannot guarantee absolute confidentiality.
Company is pleased to hear from its customers and welcomes your feedback regarding its products and the Site. If you choose to communicate with Company, Company may post your feedback of products, comments, suggestions, or other material, so long as the content of your submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, inappropriately sexually explicit, fraudulent or otherwise deemed to be, in the sole discretion of Company potentially objectionable to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. Company reserves the right (but not the obligation) to monitor, edit and remove any submission. By posting or sending us any submission, you grant Company a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant Company the right to use the name you submit in connection with such submission. By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is true and accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Company against all claims and liabilities resulting from your submission. Company does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.
The third party websites to which the Site links to are not under the control of Company. Accordingly, Company makes no representations concerning the accuracy, operation or content of those websites. Provision of the link is not an endorsement, authorization, sponsorship, or affiliation by Company.
Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, you may contact Company in writing at firstname.lastname@example.org or call us at (614) 562-6663. In the event your complaint is not resolved, California residents may bring the complaint to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
By using the Site you are agreeing to enter into an arbitration agreement with Company regarding any disputes that may arise as a result of such use. Under this agreement, you and Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and Company, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Company agree that the results of such arbitration shall be confidential, unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Company and may not preside over any kind of representative or class proceeding against Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.