TERMS & CONDITIONS
Privacy and Communications Policy
This Privacy and Communications Policy ("Policy") is effective as of 01-24-2013
This Policy sets forth how Flock It! Ltd. dba DonJer Products Co., a(n) Illinois Ltd. ("we" or "us"), collects and uses the information you provide to us and certain other information that we automatically collect through your access and use of flockit.com ("Website"), or through any communications with us. YOU ACKNOWLEDGE AND AGREE THAT BY USING ANY PORTION OF THIS WEBSITE OR ANY SERVICES OFFERED ON THIS WEBSITE, SUCH USE SHALL INDICATE THAT YOU HAVE READ, UNDERSTAND AND THAT YOU AGREE TO OUR COLLECTION AND USE OF THE INFORMATION PROVIDED BY YOU OR AUTOMATICALLY COLLECTED BY US, AS SET FORTH BELOW.
If you have any general questions or concerns about this Policy, you may contact us by sending an email with your questions, comments or concerns to email@example.com.
The Personally Identifiable Information We Collect From You
There are a variety of ways in which you may provide and we may collect certain personally identifiable information or other information about you or your business or organization on this Website, as set forth below. We collect and store the following specific items of personally identifiable information (collectively "Identity Information"): your first and last name, your physical address, your phone number, the name of your business or organization, your business/organization contact information including phone number, fax number or physical address and your email address.
We may ask our visitors for their email addresses and sometimes for their first and last names in order to send or provide any newsletters or other materials they have signed up to receive through this Website, from time to time. We collect and use this information as specifically set forth in this Policy.
You will also be asked to create and provide a user name and password each time you log-in to access any restricted or members-only portions of this Website and we collect and store this information on our database.
We collect and store your email address and all Identity Information set forth in this Policy that you provide during the check-out process when you purchase any products or services sold through this Website. We use this information as set forth in the remainder of this Policy. You also provide your billing information during the check-out process. All credit card or other billing information used by us will only be used for payment processing or fraud prevention. Your specific credit card or billing information will not be kept longer than necessary in order to complete any single transaction, unless you elect that we retain your credit card information for future purchases, or pursuant to any recurring fees required to be paid pursuant to any product(s) we sell, to the extent applicable. We do not share or disclose your credit card or other billing information with third parties except with our billing and shipping agents as set forth in this Policy.
Collecting Information from Children and COPPA
Children under the age of 13 are expressly prohibited from submitting or posting any Identity Information on this Website. We do not knowingly collect information from children under the age of 13 and do not intend that any materials contained on this Website are directed to or targeted towards children under the age of 13. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her Identity Information without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to firstname.lastname@example.org. Please include your child's name and a description of the type of information you think he or she may have submitted to this Website.
When you provide any Identity Information through any form contained on this Website, including in order to contact us, we collect and store the information provided by you. We may use your email or any other Identity Information you provide as expressly set forth in this Policy.
How We Automatically Collect Non-Personal Information
When you access our Website, we collect and store certain non-personally identifying information sent automatically by your browser. This includes your IP address, which may tell us your general location information, such as your country and sometimes your city, state and/or zip code, and the domain name from which you access our Website. We also automatically collect and store other standard server log information, such as your browser type and language, the pages you access and the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page. We may also use this information to redirect you to a different version of our Website if you are accessing our Website through a mobile or similar device. We collect and retrieve this information using standard web server logs and automatic data collection tools such as cookies and web beacons.
Our Use of "Cookies" and Other Data Collection Tools
Both session cookies, which do not stay on your browser after you exit this Website, and persistent cookies, which remain on your computer until you delete them or they expire, are used by us. We reserve the right to monitor your use of this Website through the use of any automatic data collection tools at all times and you consent to our use of these tools when you use and access our Website. You can elect to turn off all cookies and web beacons through your browser settings. However, if you elect to do so, there may be some features of our Website that will not be available to you and some of our Website pages may not display properly. The cookies shall only be used to obtain non-personal information to improve your online experience. No other information is stored in these cookies.
We may use third-party cookies and web beacons which allow third party service providers to collect certain Use Information about you, which allows or enhances some Website feature or service we provide, or your overall interaction with our Website.
Linking or Bundling Your Information
We do not combine or link your Identity Information with any Website Use Information or any other information we automatically collect from you.
How We Use and Share Your Personal Information
We use third party service providers to provide services and/or products to us necessary for hosting or operating this Website, and/or necessary for providing email services and similar services to our users. In the course of providing these services and/or products to us, such third parties may sometimes have limited access to information collected on this Website, including some of your Identity information. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us for any third party provider to use or disclose this information in any manner whatsoever other than as necessary to provide the applicable service to us. We share our customer files and some Identity Information we collect through this Website directly with third party independent contractors that provide customer support and other administrative services on our behalf.
We contract such third parties for the limited purpose of assisting us operate this Website and/or provide support or administrative services in conjunction with any products or services that we may offer through this Website from time to time. This limited access is incidental to the services being provided by such third party contractors and no permission or consent is granted by us to use or disclose this information in any manner whatsoever, other than as necessary to provide the applicable services to us. We require that our independent contractors commit to uphold the privacy of any Identity Information or other information regarding our Website visitors or customers that we may share with them. We require that each of our contractors agree not to use or disclose any Identity Information or any other information relating to any products purchased from us by our customers or relating to the services we provide to any of our customers which may be disclosed to or shared with these partied during the course of their duties to us, except as absolutely necessary to perform their duties to us.
SAFE & SECURE SHOPPING
Billing and Shipping Agents
When you purchase anything from this Website, we also share the Identity Information you provide, your credit/debit card or bank account information you provide and any shipping information with third party credit card and payment processors such as PayPal, authorized.net., Google, etc. (which may include fraud screening and/or automated data processors) and with shipping agents such as UPS or Fed Ex. Any disclosure of this information is necessary to facilitate the specific transaction and will only be used by us for that strict purpose, unless otherwise stated in this Policy. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services to us and facilitate any transactions with you.
Do We Sell Your Identity Information?
We make every effort to respect your privacy and we will never sell, license access to or disclose any of your Identity Information, by itself or bundled with any website use or other information, you provide or that we collect to any third parties for any purpose not expressly set forth in this Policy, without your express written consent. We only share or disclose any Identity Information or other information collected from You as expressly set forth in this Policy.
We may disclose certain Identity information if: i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any or the rights of our customers or other third parties.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you send us an email communication, call us or send a written correspondence for any reason, we may create a file and store your email and other Identity Information specific to you. We generally will maintain a record and keep notes of all communications with you. All messages transmitted by you on this Website or to us shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any communications or correspondences to us that you intend only the intended recipient(s) read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).
External Links Disclaimer
How We Protect Your Information
We use reasonable, industry standard security measures to protect all Identity Information and billing information you provide. For instance, when you provide any credit card or other billing or shipping information through our checkout process, we encrypt that information during transmission using either Secure Sockets Layer (SSL) or Transport Layer Security (TSL) encryption.
We make no guarantee, warranty or representation that your credit card or other billing information, or any other information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
Information Storage And International Transfer
Any Identity information and all other information which we collect on this Website will be stored and processed in our servers located in the United States. If you reside outside the United States, you consent to the collection, transfer, storage and processing of any information from your country to the United States.
Changes to this Policy
If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy. If we make significant changes to this Policy, We may also notify you by other means, such as sending an email to you and/or posting a notice somewhere prominently on our home page and/or notifying you the next time you access this Website. Failure to opt-out after receiving notice and following the opt-out instructions contained in the notice shall be deemed to be your assent to any such changes.
How to Update, Change or View Your Personally Identifiable Information
If you would like to request any changes or updates to any Identity Information you have provided to us, or if you would like to view any information we have collected from your use of this Website, please contact us and request the same by sending an email to: email@example.com. Please include the words "Personal Information Request." If you make any information requests, we will require that you provide proof of your identity, which may include providing us with a copy of a driver's license, social security card and/or birth certificate. We also reserve the right to require that you sign and provide us with a notarized affidavit verifying your identity before we update or release any information to you.
California Resident Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. California law also allows California residents to opt-out of having this information disclosed. If You are a California resident and desire to make such a request, please contact firstname.lastname@example.org. Please include the words "California Privacy Disclosure Request" in the subject line.
Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any Identity information you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, We reserve the right to transfer your Identity Information to protect any of the our rights or as required by law.
We may provide products and/or certain services through this Website under the terms of a separate agreement with You, such as license agreements or support services agreements, etc. (each hereinafter referred to as an "Other Agreement"). The terms and conditions governing your purchase and use of specific products not related to this transaction are contained exclusively in such Other Agreements. This Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. ALL PRODUCTS ARE PROVIDED BY US "AS IS" AND "WITH ALL FAULTS" AND YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF ANY PRODUCT(S) PURCHASED BY YOU. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF ANY PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.
LIMITATION OF LIABILITY
ALL RECOMMENDATIONS FOR GLUE AND FIBERS ARE BELIEVED TO BE RELIABLE. HOWEVER, SINCE THE ACTUAL USE OF THIS PRODUCT IS BEYOND OUR CONTROL, NO GUARANTEE OR WARRANTY OF ANY KIND EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO INFORMATION PRESENTED, AND WE ASSUME NO RESPONSIBILITY FOR USE OR MISUSE OF THE PRODUCT AND PROCESSES AS DESCRIBED. USE WITH CARE AND DISCRETION; WE ARE NOT RESPONSIBLE FOR ANY PERSONAL OR PROPERTY DAMAGES OF ANY KIND, PLUS ANY HEALTH ISSUES FROM USE.
YOU AGREE THAT WE OR ANY OF OUR EMPLOYEES SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE $1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in the County of Winnebago, State of Illinois. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney's fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
E. Venue And Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Winnebago County, State of Illinois, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the terms of sale. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties respective successors and permitted assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.