Last Updated: 01/13/2014
What information do we collect?
Information You Give Us: We receive and store any information you enter on our website or give us in any other way. For example, you provide information when you register on our site or update your user profile, place an order, subscribe to our newsletter, respond to a survey, complete a questionnaire or fill out a form, communicate with us by e-mail, participate in discussion boards or other community features, provide and rate reviews, specify alerts or reminders, such as when other products are available to order. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information or other financial information; people to whom purchases have been shipped, including addresses and phone numbers; e-mail addresses of your friends and other people; content of reviews and e-mails to us; personal description and photograph in your profile. You may, however, visit our site anonymously, and you can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
Your information helps us to better respond to your individual needs.
To improve our website
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
To process transactions
Your information, will be used for the purpose of delivering the purchased product or service requested. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
To administer a contest, promotion, survey or other site feature
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at firstname.lastname@example.org. You may continue to received non-marketing e-mails including e-mails about your accounts and our business dealings with you.
As legally necessary or required
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes, Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services via links to other websites on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their account and going to the 'My Account' page.
Responsible Use and Conduct
You understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources (other than pursuant to specific rights granted to you in writing with respect to products or services) is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.
h. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, other proprietary right or privacy rights of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any Fugoo Corporation employees or representatives.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
Limitation of Liability
In conjunction with the Limitation of Warranties explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Fugoo Corporation will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.fugoo.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Fugoo Corporation, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Fugoo Corporation. Fugoo Corporation owns several trademarks, including but not limited to, FUGOO, PAIR UP, WE CREATE EXPERIENCES, COREX, EVERYWARE, and the Fugoo Fish Logo.
Termination of Use
This website is controlled by Fugoo Corporation from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each jurisdiction has laws that may differ from those of California and the United States, by accessing our website, you agree that the statutes and laws of California and the United States, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
UNLESS OTHERWISE EXPRESSED, Fugoo Corporation EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8001 Irvine Center Drive, Suite 250
Irvine, California 92618 U.S.A.
Phone: (949) 825-6200
One Year Consumer Limited Warranty
Fugoo products are warranted to be free from defects in materials or workmanship for 1 year from the date of purchase. Within this period, Consumer's sole and exclusive remedy and Fugoo’s sole and exclusive responsibility under this warranty will be repair or replacement of the defective product during the one (1) year limited warranty period, at Fugoo's discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. Such repairs or replacement will be made at no charge to the Consumer for parts or labor. Product may be repaired or replaced with a functionally equivalent replacement product using new or remanufactured parts or product, or Fugoo may refund to Consumer the amount equal to the purchase price paid by the Consumer for the original product, less shipping, taxes and other fees, at Fugoo’s sole discretion. Consumer is responsible for all shipping associated with returning the product to Fugoo's designated service center. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iii) damage caused by service performed by anyone who is not an authorized service provider of Fugoo; (iv) damage to a product that has been modified or altered without the written permission of Fugoo; (v) use not in accordance with the documentation; or (vi) damage caused by the equipment with which the Product is used. In addition, Fugoo reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.
Repairs will be warranted for 90 days. If the returned unit is still under its original warranty, then the new warranty is 90 days or to the end of the original 1 year warranty, whichever is longer.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
IN NO EVENT SHALL FUGOO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This limited warranty extends only to the original purchaser of the product and is not assignable or transferable to any subsequent purchaser or user. Products purchased through online auctions (excluding www.fugoo.com) are not covered under warranty. Proof of purchases from online auctions are not accepted as verification of warranty. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. Fugoo will not replace missing components from any package purchased through online auctions.
To obtain warranty service, email Fugoo at email@example.com to request a Return Merchandise Authorization ("RMA") number. Upon approval, return the defective product together with proof of purchase to the address specified by Fugoo. Fugoo will pay all costs associated with shipping the product back to the Consumer after the completion of service under this limited warranty for products accepted and approved as under warranty only. If the product is not covered under warranty (whether because the warranty has expired, the damage is Consumer-induced or otherwise), the Consumer can choose to have the product repaired at Consumer’s expense or returned to Consumer at Consumer’s expense; Consumer is responsible for all shipment and service fees associated with repairs or replacements not covered under warranty. Fugoo will ship only to valid US addresses, excluding APO/FPO/DPO, PO Boxes and US Territories. For security reasons, we are unable to alter the address or redirect the package after the shipment has been made. Any product returned to Fugoo without an RMA or without proof of purchase will be returned to the Consumer at the Consumer’s expense. Consumer has 30 days from the date Fugoo makes its first attempt to contact the Consumer to pay for expenses associated with the repair of non-warranty items or the cost to return the items received without an RMA or proof of purchase. If Consumer fails to pay for such expenses and/or costs, including but not limited to shipping and handling within such 30-day period, Consumer agrees that Fugoo will have no further responsibility with respect to such returned product and shall have the right to dispose of such returned merchandise in any commercially reasonable manner and apply the proceeds, if any, against the amounts due Fugoo on account of such expenses and/or costs.
IN NO EVENT WILL FUGOO'S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.