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 support@fugoo.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.

 

AUTHORIZED DISTRIBUTION

Marketplace Valet is a FUGOO Authorized Distributor.  FUGOO will support online receipts from Marketplace Valet as authorized sales receipts for warranty service.

 

Privacy Policy

Last Updated: 10/14/2017

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.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses our website or advertisements and other content served by or on behalf of www.fugoo.com on other websites.  Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as Top Selling products; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  1. To personalize your experience
    Your information helps us to better respond to your individual needs.

  2. To improve our website
    We continually strive to improve our website offerings based on the information and feedback we receive from you.

  3. To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs.

  4. 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.

  5. To administer a contest, promotion, survey or other site feature

  6. 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 unsubscribe@fugoo.com. You may continue to received non-marketing e-mails including e-mails about your accounts and our business dealings with you.

  7. As legally necessary or required
    We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Fugoo Corporation, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

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.

Do we use cookies?

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.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

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

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent except as indicated in this Privacy Policy.

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.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms of Use

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.fugoo.com/policies/.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date below.

 

Terms of Use

Introduction

Welcome to www.fugoo.com. This website is owned and operated by Fugoo Corporation. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions of use of this website (hereafter referred to as 'Terms of Use'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).


These Terms of Use are in effect as of January 10, 2014.


We reserve the right to change these Terms of Use from time to time by posting revised Terms of Use on this website. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms of Use.

Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.


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:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

  2. Infringes on any trademark, patent, trade secret, copyright, other proprietary right or privacy rights of any party;

  3. Contains any type of unauthorized or unsolicited advertising;

  4. Impersonates any person or entity, including any Fugoo Corporation employees or representatives.

i. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any rights of any third party. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

j. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third party rights, becomes the property of Fugoo Corporation, and as such, Fugoo Corporation shall have the perpetual, irrevocable, worldwide, royalty-free, exclusive right to reproduce, modify, adapt, translate, publish, publicly display and/or distribute any such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

k. You agree to indemnify and hold harmless Fugoo Corporation and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy
Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms of Use. To read our privacy policy in its entirety, click here privacy policy.

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.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Fugoo Corporation or through any Resources we provide shall create any warranty, guarantee, or obligations of any kind, except for those expressly outlined in these Terms of Use.

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.

Copyrights/Trademarks
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
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
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.

Furthermore, any action to enforce these Terms of Use shall be brought in the federal or state courts located in Los Angeles, California, U.S.A., and each party agrees to waive any objections to personal jurisdiction and venue in the United States District Court for the Central District of California in Los Angeles County and the California Superior Court for Los Angeles County.

No Warranties
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.

Contact Information
If you have any questions or comments about our Terms of Use as outlined above, you can contact us at:

Fugoo Corporation
200 Spectrum Center Drive, Suite 300
Irvine, California 92618 U.S.A.
Email:  info@fugoo.com
Phone:  (949) 825-6200

 

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information.  Our privacy policy is included under the scope of these Terms of Use. To read our privacy policy in its entirety, go to www.fugoo.com/policies/