Furrion Terms and Conditions of Sale (“Terms of Sale”)
Last Updated: 4 January 2017
These Terms of Sale apply to the purchase and shipping of Furrion® goods (“Goods”) in the United States through the website www.furrion.com (the “Website”).
By submitting an order through the Website, you acknowledge and confirm your unconditional acceptance of:
Last Updated: 4 January 2017
The Furrion trademarks including, but not limited to, Furrion® and Living Luxury® shown on the Website and owned by Furrion or any parent, subsidiary and associate company of Furrion (“Furrion Group”) are trademarks and/or registered trademarks in the United States and other countries (collectively, the “Furrion Trademarks”). Unless otherwise provided by applicable laws or regulations, the Furrion Trademarks may not be used in any manner other than expressly authorized in a written agreement.
All content, except for User Content (defined below), displayed on or through the Website including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to Furrion, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
4. User Content and Reviews
Unless otherwise provided by applicable laws and regulations, any questions, comments, reviews, or other information submitted to Furrion through the Website by any means (including, but not limited to, any public area or through the “contact us” section) shall be deemed non-confidential and Furrion shall be free to use, reproduce, disclose and distribute in any manner without limitation.
By posting or transmitting messages, text, files, images, photos, video, sounds, or other materials to any public area of the Website including, but not limited to, the “Review” section (“User Content”), you agree to all of the following terms:
5. Use of the Website
6. Register a Furrion Account
You may only register a Furrion account (“Account”) on the Website if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to register an Account. By registering an Account, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and login credentials and for all activities that occur on or through your Account, and you agree to immediately notify Furrion of any security breach of your Account or login credentials. Furrion shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with and as you use your Account and you agree to update your Account information to keep it accurate and complete. You agree that Furrion may store and use the information and data you provide during the registration of your Account for use in maintaining and billing fees to your Account. Do not use or attempt to use another person's Account, username or password.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Copyright Infringement
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Website has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective the notification should include:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Furrion’s agent for receipt of notifications of claimed infringement: email@example.com.
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your Account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Certain parts of the Website may contain confidential information. A valid user name and password are required to access these areas. Access by unauthorized persons, and unauthorized use or disclosure of Furrion confidential information, may be a violation of Furrion’s rights and is strictly prohibited. By accessing Furrion’s confidential information, you agree to keep this information confidential. If you are authorized to access such areas of the Website, you also agree to treat this confidential information with a degree of care which is of at least as high a degree as that which you apply to your most confidential information, but in no event less than a reasonable degree of care, and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
10. Third Party Websites
11. Third Party Content and Interactions
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Furrion, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Website are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Furrion is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Furrion is under no obligation to become involved. In the event that you have a dispute with any other user of the Website, you hereby release Furrion Group, and its officers, directors, shareholders, employees, agents, and successors (“Released Parties”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
12. WARRANTY DISCLAIMER
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE.
THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.
As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FURRION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, some of the foregoing limitations may not apply.
14. Indemnity of Furrion
15. Applicable Law
16. Arbitration Agreement and Waiver of Certain Rights
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Furrion will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Furrion may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Furrion’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
17. Other Provisions
19. Getting in touch with Furrion
Furrion is available to answer any questions:
Last Updated: 4 January 2017
1. Information We Collect
We collect personal information about you to deliver the products and services you request, to help improve your shopping experience, and to communicate with you about products, services, promotions, contests and sweepstakes. We try to limit the collected information to support the intended purpose of collection.
1.1 Personal Information
We collect personal information from you in a variety of ways when you interact with Furrion through the Website. Some examples are when you:
Personal information is information that identifies you or is reasonably linked to you. The personal information we collect may include contact and payment information such as your name, address, phone number, email address and credit card information. When you ask us to ship a product, we may collect information you provide us such as the name, address, and phone number of the recipient(s). We may also collect personal information about you through social media websites and services and from other sources.
1.2 Usage Information
We receive and store certain types of information about your use of the Website when you use the Website. Our purpose is to allow the Website to work correctly, to evaluate use of the Website, for marketing purposes and to personalize and enhance your browsing and shopping experience. Some examples include:
We may also use web beacons. Web beacons allow us to understand if a certain page of the Website was visited or if an email was opened or if advertising banners on other websites were effective.
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in conjunction with our Website. For more information about disabling flash cookies, see www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Website and you may not be able to access or use some or all areas and functionalities of the Website.
3. How We Use Your Information
Furrion uses your personal information and usage information to offer and provide our products and services and to support our core business functions. These include order or service fulfillment, customer service, internal business processes, marketing, including contests and sweepstakes, authentication, loss and fraud prevention, public safety and legal functions. Some examples include:
To accomplish these purposes, we may combine personal and usage information we collect. We may transfer or disclose your personal and usage information, for these purposes, within our Furrion group of companies including, but not limited to, Furrion and any parent, subsidiary and associate company of Furrion (“Furrion Group”).
4. Advertising and Analytics Services
In addition, many web browsers support Do Not Track technology. Our systems do not respond to Do Not Track signals. Nonetheless, if you enable Do Not Track and it is recognized by our systems, Furrion will not use information about your web viewing activities to tailor your online experience on the Website. Note, however, that our third party advertising providers may continue to use information about your web viewing activities to tailor advertising to your interests across different websites even when you have Do Not Track enabled in your browser. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices.
5. How We Disclose Your Information Outside Furrion
5.1 Service Providers
We may disclose or otherwise make available personal information about you to service providers that help with our business operations. Examples are shipping companies, payment companies, credit card processors, financial institution partners, hosting and maintenance providers, data storage and management providers, marketing and promotional providers, and generally, companies that help us improve our product and service offerings and our websites.
5.2 Legal Requirements and Protection of Our Company and Others
We may disclose your information in other special circumstances. These include situations when the sharing is necessary to protect the safety, property, or other rights of Furrion Group, our customers, our associates, or any other person, or where otherwise required by law. Examples include protecting the health or safety of customers, or addressing crimes committed on the Website. Furrion may provide your personal information in response to a search warrant, subpoena or other legally valid inquiry or order, or as otherwise required by applicable law.
5.3 Business Transfers
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Furrion Group or as part of a corporate reorganization or other change in corporate control.
6. Your Choices
We want to communicate with you in the ways that you want to hear from us. If you no longer want to receive marketing messages from us, you can either change your marketing preferences by changing Your account preferences or, by clicking on the appropriate link at the bottom of our marketing emails. Please allow sufficient time for your preferences to be processed.
7. How to Access and Update Your Information
Furrion takes reasonable steps to keep your personal information accurate and complete. You can access or update your personal information, including contact or account information, either by accessing Your Account or by accessing your newsletter preferences from the link found at the bottom of all newsletters
8. How We Secure Your Information
Securing your information is important to Furrion. We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Website, we cannot and do not guarantee the security of any information you transmit on or through the Website, and you do so at your own risk.
9. Online Protections
Your account information is protected by the password you use to access your online account. Please keep this password confidential.
10. Privacy of Children Online
We are committed to protecting children's online privacy. In order to protect the privacy of children, Furrion does not knowingly collect personal information from children under the age of 13 without prior parental consent. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.
11. Links To Other Websites
As a global company, Furrion may process, store and transfer personal information in the United States or in any other country in which any company of the Furrion Group is incorporated. Furrion requires that all companies of Furrion Group protect your personal information, regardless of where it is stored, in accordance with applicable laws.
14. Contact Us