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Privacy Policy

 

Terms of Use

The Happy Family Club Terms of Use

Acceptance of the Terms of Use

Changes to these Terms of Use

Features and Functionality Provided by Third Parties; Third Party Items

Use of Website

Trademarks, Copyrights and Patents

Limited License

Prohibited Uses

User Contributions

Content Standards

Information About You and Your Visits to the Website

Online Purchases

Product Images

Pricing, Availability, and Accuracy

Returns

Linking to the Website and Social Media Features

Links from the Website

Geographic Restrictions

Disclaimer of Warranties

Limitation of Liability

Indemnification

Information, News and Press Releases

Waiver

Disputes

Entire Agreement

Contact Us

The Happy Family Club Privacy Policy

Last revised March 27, 2023

 

Privacy Policy 

At The Happy Family Club (“The Happy Family Club,” “we,” or “us”), we respect our customers’ privacy. The Happy Family Club operates within the United States. This privacy policy (“Policy”) describes how The Happy Family Club collects, uses, and discloses consumers’ personal information, including information collected through our Website (collectively, the “Services”). 

By providing information to us (by any means, in correspondence, via our Website or otherwise) you consent to our use of the information you provide in accordance with this Policy. If you do not agree with this Policy or our practices, please do not use our Services.

This Policy may change from time to time and is incorporated into our Website Terms of Use. Your continued use of our Website constitutes your acceptance of those changes. We encourage you to review this Policy periodically. 

  1. Information We Collect

 

There are several ways we may obtain information about you, including (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly (i.e., your name) or indirectly (i.e., information associated with the device you use online).

 

  1. Information You Provide

 

The types of personal information we may collect include:

Information You Provide When You Use the Services.

Identifiers and Account Information.  We collect:

  • Your name, postal address, email address, mobile or other telephone number, username and password if you register an account with us. 
  • Content information you provide, including photos and comments.
  • Customer service inquiries, and related history that you share with us.

Demographic Information.  We may collect information you provide regarding your personal or professional interests, date of birth, anniversary date, demographics (such as gender, occupation, income and marital status), experiences with our products, and shopping and contact preferences.

Geolocation Data.  We also may collect information about the location of the devices used to access the Website (“Location Data”). Location Data includes: (a) the location of the mobile device or tablet derived from GPS or WiFi use; (b) the IP address of the mobile device or tablet or internet service used to access the Website; and (c) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs.

Financial Account Information. If you make a purchase from us, we collect payment-related information, depending on the form of payment you choose.

Commercial Information.  We collect purchase, return, wish list and transaction information, as well as media consumption, previous purchases, shopping habits, loyalty program information, and lifestyle preferences. 

Information You Provide about a Third Party. If you send someone else a communication from the Website, such as sending an invitation to a friend, the information you provide (e.g., name, e-mail address) will be used to facilitate the communication.

Information You Provide Through Social Media. You may also be given the option to link to your social media account through the Website. When you do, we may automatically receive certain information about you based on your registration and privacy settings on those third party services. This may include name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.

  1. Information Automatically Collected

 

Whenever you visit our Website, we, may use a variety of technologies such as cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other technologies to automatically or passively collect certain information about your online activity, such as the following:

Usage Information.  We automatically collect information about your use of the Services, including your Internet Protocol (“IP”), unique device identifier, device characteristics, system settings and preferences, search queries, referring URLs, and the time and date of your usage.  We also use cookies and similar technologies, server logs and other automated means to collect and store information about your preferences, how you interact with our Website, and how you interact with emails that we send to you.

We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described below, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, without cookies, you may not be able to use all of the features of our Website.

  1. Information Collected From Third-Party Sources

 

We collect information about you from ad networks, data companies, and other third-party sources that help us provide ads and services that that target your interests.  The information collected includes, for example, your demographic information, media consumption, previous purchases, shopping habits, loyalty program information, lifestyle preferences, or information to validate or update the information we collect from or about you.

  1. Aggregate or Deidentified Information

We may aggregate or deidentify any personal information we collect. We may share the aggregated or deidentified information with our business partners and service providers, And we may use such information for our own purposes.

  1. How We Use the Information We Collect

 

We may use the information described above for the following business purposes:

  • to provide the Services to you;
  • to process and track orders and otherwise fulfill your requests;
  • to respond to comments, questions, or concerns;
  • to prevent and detect fraud and other unlawful activity, claims and other liabilities;
  • to alert you about a product safety announcement or recall or correction of an offer, promotion, or advertisement;
  • to verify and validate your identity to reduce credit risk and manage collections;
  • to carry out our obligations and enforce our rights; and
  • to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

 

We may use the information described above for the following commercial purposes:

  • to improve or develop new services and product offerings;
  • to identify, offer, and contact you with personalized content and advertising, including newsletters, articles, product;
  • to customize or personalize your shopping experience;
  • to validate or update the information we collect from or about you;
  • to alert you about new products or services, savings awards, event invitations, and other information;
  • to conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups;
  • to enroll you in loyalty or other programs, and enter you into sweepstakes and promotions or contact you regarding a contest prize;
  • to notify you of changes to our Website or any products or services we offer;
  • for marketing and promotional purposes.
  1.   Information We Share
  2.   Sharing of Information by You

We offer many ways to find, enjoy, and share content. Your activity in connection with our Website may include filling out surveys, reviewing and rating products or services, inquiring about or purchasing products or services, participation in online communities, “liking” or “sharing” our content to your social media accounts or pages or otherwise interacting with our Website.

Any information you disclose on publicly-facing aspects of our Website or on other third-party websites becomes public information. Please exercise caution when disclosing personal information in these public areas. 

  1.   Sharing of Information by Us

We may share personal information with others in the following ways:

  • With vendors and advertising partners who help us reach you with ads that are tailored to your interests, as described under “Interest-Based Advertising Choices” below.
  • With analytics partners, who help us understand the use of our Website. 
  • With service providers that provide business, professional or technical support functions for us (including fulfilling and shipping orders), help us operate the Services, or administer activities on our behalf. 
  • With our Family of Companies, such as our various brands identified at the outset of this Privacy Policy, and our affiliated company JamesAllen.com. We share personal information within this family of companies for business, operational, promotional and marketing purposes.
  • With partners in co-branded relationships such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.
  • If we are required to do so by law or court order, to enforce or apply our Terms of Use or if we believe in good faith that such release is necessary or appropriate to protect the rights, property, or safety of our company, customers, affiliates, or others. 
  • In connection with the sale, transfer, acquisition, merger, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change or ownership or control by The Happy Family Club or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to require the recipient to use personal information in a manner consistent with this Policy.

In addition, we may aggregate or deidentify personal information and use or disclose the aggregated/deidentified information for marketing, analytics, and other purposes. 

  1. Interest-Based Advertising Choices

We may collect information about your use of the Services to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see our ads on other websites or apps because we use third-party ad networks to serve our ads.

The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.

To learn more about interest-based advertising, and to opt out of the use of your information for such advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://optout.aboutads.info.

To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://optout.networkadvertising.org.

To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.

If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout/.

You can also control how some information is collected through your browser or mobile device.  You can adjust your browser settings to limit or block certain cookies, but this may prevent us from storing your preferences and may make some features of the Services inoperable.  Refer to your browser’s help menu for further details.  On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.  You may need to set these preferences on each browser or device you use.

  1. Other Choices About the Use of Your Personal Information

Mailing Lists.  You can unsubscribe from receiving our emails by following the “Unsubscribe” link provided in our emails. Opting out of communications does not affect our communication with you via telephone or email regarding your orders or other sales or service transactions.

Access, Deletion, and Other Requests.  If you are a California resident, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. 

If you have a Website account, you can log in to view and update your account information. Please contact us with questions or concerns, to request edits to your personal information, or to have your personal information removed from our database. 

If you choose to delete your account information, we may still retain certain information for internal purposes and recordkeeping integrity, as well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we deem necessary due to technical and legal requirements, and as dictated by constraints related to the security, integrity and operation of the Services.

 

  1.   How We Protect Personal Information

We use technical, administrative, and procedural measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. 

  1. Children’s Privacy

We are committed to protecting the privacy of children. The Website is not directed to children and we do not knowingly collect any personal information from children. If a child under the age of 16 has provided us with personal information online, we ask that a parent or guardian please contact us, and we will take reasonable steps to delete personal information provided by the child.

  1. Do Not Track Policy

Some browsers have a “do not track” feature that lets you tell websites that you do not want your online activities tracked. At this time, the Websites do not respond to web browser “do not track” requests or similar signals that users may employ. 

  1. Links to Third Party Sites and Services

Our Website may contain links to third party websites (including social networks and related plugins) operated by individuals or companies unrelated to us. Please be aware that we are not responsible for the privacy practices of such third party websites. We provide links to these websites for your convenience only and you access them at your own risk. We recommend that you review the privacy policies and terms of use posted on and applicable to such third party websites prior to utilizing them.

Our Website may also offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on this Website, then such third-party may recognize you on our Website. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

  1. Retention of Personal Information

We keep your personal information for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent not prohibited by law.

  1. Your California Privacy Rights

California residents may take advantage of the following rights:

Access.  You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable.

Deletion.  You may request that we delete personal information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.

Opting Out of Sale.  You may request to opt out of The Happy Family Club’s sale of your personal information to third parties, and to our family of companies that do not share the same brand name, for their commercial purposes. This means that, if you opt out, going forward, we will not share your information with such third parties to use for their purposes unless you later direct us to do so. To effect the opt out, please click on the Do Not Sell My Information link on our website footer or submit a request in writing to the contact information below.

To take advantage of any of these rights, please visit this link. If you have questions about how to take advantage of these rights, please call us at 1-800-220-5852. We will respond to your access and deletion requests, after proper verification.

We value your privacy and will not discriminate in response to your exercise of your privacy rights.

For purposes of compliance with the California Consumer Privacy Act, in addition to the further details as described throughout this Privacy Policy, we make the following disclosures:  

We collect the following categories of personal information: Identifiers/Contact Information, Commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.  The sources of these categories of personal information are our customers, their devices, data brokers, and advertising networks.

We sell the following categories of personal information: Identifiers/Contact Information, Internet or other electronic network activity information, and inferences drawn from the above.

We disclose the following categories of personal information for a business purpose: Identifiers/Contact Information, Commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

  1. Locations; Data Transfers

The Happy Family Club is based in the United States. This Website is intended for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

When you access this Website, you understand and acknowledge that we may transfer, process, and store information about you in the United States and other countries, both within and outside of the European Economic Area. By providing us with your information, you consent to the transfer to, and to the processing and storage of your information in, countries outside of your country of residence, which may have different data protection laws than those in the country in which you reside.

  1. Modifications to this Policy

Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use our Website. If we make a material change to this Privacy Policy, we will provide notice to you as required by law.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. 

  1. How to Contact Us

If you have any questions or concerns about this Privacy Policy or the practices described herein, please contact us or send mail to:

The Happy Family Club – Privacy Rights

15814 Champion Forest Dr #1031

Spring, TX 77379

 

Terms of Use

 

The Happy Family Club Terms of Use

Last revised March 27, 2023

 

These Terms of Use are entered into by and between You and The Happy Family Club (“Company,” “we,” or “us”). The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms of Use”), govern your access to and use of all The Happy Family Club online and digital activities and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively “Website”).

Acceptance of the Terms of Use

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms (“Additional Terms”), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.

Changes to these Terms of Use

At the Company/s sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date these Terms of Use were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version of these Terms of Use. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms of Use are posted on the Website means that you accept and agree to the changes and updated Terms of Use.

Features and Functionality Provided by Third Parties; Third Party Items

Certain of the content, features and functionality on the Website may be provided by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

Use of Website

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Website, are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, “Content”), is owned by Company and its licensors, and protected by U.S. and international copyright laws. All products displayed on our Website are protected by copyright and/or patents owned by Company and its licensors.

Limited License

Company grants you a limited license to access and make personal use of the Website and Content for your personal, noncommercial use and only to the extent that such use does not violate these Terms of Use. Any downloading or copying of the Content herein is permitted for such personal, noncommercial use only, provided you do not modify or alter the Content in any way. No right title, or interest in any Content is transferred to you upon copying or downloading, and Content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.

 

You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by Contacting Us .

Prohibited Uses

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
  • To harvest or collect information about other users of the Website.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without the Company’s prior written consent.
  • Use any meta tags or any other hidden text utilizing Company’s name or marks.
  • Use a buying agent to conduct transactions on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively “User Contributions”). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.

 

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.

 

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms of Use. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy .

Online Purchases

If you wish to purchase any goods or services made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

Company or our agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Product Images

We have attempted to accurately depict the colors and details of the products offered on this Website. However, because the color and product details you see is dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.

Pricing, Availability, and Accuracy

Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

Returns

If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy , incorporated herein by reference.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.

Geographic Restrictions

The Company is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR 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, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Information, News and Press Releases

The Website may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our website is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.

Waiver

Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

 

Agreement to Arbitrate

You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these Terms of Use, your use of the Website, or to any products or services sold or distributed by us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Term of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

 

The arbitration hearing will be held in the U.S. You or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator’s discretion to require an in-person hearing.

 

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers, but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

 

Prohibition of Class, Representative, and Consolidated Actions

You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.

 

If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance the laws of the State of Ohio without regard to the principles of conflicts of law.

 

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or state courts located in Summit County, State of Ohio. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Severability

If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

Entire Agreement

The Terms of Use, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website.

Contact Us

If you have any questions or comments about these Terms of Use or this Website, please Contact Us using this form.