By visiting fluresh.com and its sub-sites (the “Site”), you agree with Fluresh LLC, a Michigan limited liability company (“Fluresh,” “we,” or “us”) to be subject to this Terms of Use and Privacy Policy (these “Terms of Use”).
Fluresh is providing these Terms of Use to establish the terms of your use of this site and to understand the collection, use, and deletion of personal information.
These Terms of Use only applies to your use of the Site and is not to be applied in any manner contrary to applicable law or governmental regulation.
Authorized Use of Site
By clicking through the start screen, you affirmatively represent that you are 21 years of age or older.
The Site is controlled and operated by the Company from its offices in Michigan. None of the products or services illustrated on the Site are for sale in other jurisdictions. The Site’s content should not be construed in any way as a solicitation to customers outside Michigan or an attempt by Fluresh to purposefully avail itself of the benefits of doing business in any state or jurisdiction other than Michigan.
The Site does not offer goods or services to persons under the age of 21, nor does it target content to audiences under that age, nor should it be construed as doing so.
You agree not to use the Site for any illegal purpose.
Privacy and Information Collection
We collect three types of personal information. This is what we collect and how it is used.
Type and Examples
1Usage Data: IP Address, Browser Type, Browsing Behavior, Pages Visited
This information does not identify you personally but helps us improve our website and business offerings.
We may share this information in depersonalized form (when confirmed to be sufficiently aggregated or anonymized so as not to allow identification with specific people) with our own service providers or third parties.
1Fluresh2Web Browser Cookies (can be disabled by you in your web browser)
These types of data stored in your web browser do not identify you personally but allow you to log into the Site without re-entering your credentials, allow us to place advertising, and allow us to analyze and improve the functionality of the Site.
We may share this information in depersonalized form (again, when confirmed to be sufficiently aggregated or anonymized so as not to allow identification with specific people) with our own service providers or third parties.
1Fluresh3User-Submitted Information: Name, Address, DOB, Gender, State of Residence, Email, Telephone, Financial Data
This is information that you voluntarily enter at the request of the Site, for reasons that might include your requesting information, verifying eligibility to use the Site, or your obtaining products or services at a wholesale or retail level.
We may share this information in depersonalized form (aggregated or anonymized so as not to allow identification with specific people) with our own service providers or third parties. We may share this information in the form originally entered with Fluresh’s parents, subsidiaries, and affiliates.
To opt-out of our sharing of this type of information, please contact us and submit a specific request.
1Fluresh4Disclosure of Personal Information
Notwithstanding the previous section, we may disclose personal information: (1) in response to a court order or subpoena; (2) to protect and defend the rights or property of the Company or Site users; (3) to act to prevent a suspected crime or risk to members of the public or users of the Site or violation of these terms and conditions; (4) to enforce the terms of these Terms of Use; or (5) otherwise as required by statute.
1Fluresh5Sale of Information Outside the Ordinary Course of Business
In order to accommodate changes in our business, we may sell portions of our Company or purchase other companies or assets, including the information collected through the Site. In the event of sale of the Company or substantially all its assets, customer information collected pursuant this policy will be transferred. You agree that these Terms and Conditions will continue in force.
1Fluresh6Access to Information and Erasure
We do not allow users to access, download, or review personal information we collect about them. We will, however remove any User Submitted Information where (1) removal is requested by a user; (2) it is not subject to preservation due to legal matters such as litigation or investigations; and (3) it is not needed to complete or document a business transaction.
1Fluresh7Do Not Track Notice
The Site does not support the Do Not Track (“DNT”) functionality on web browsers. For more information on DNT, visit donottrack.us.
1Fluresh8Security of Personal Information
The Site has security measures in place to prevent the theft, misuse, or modification of personal information we collect. Fluresh does cannot take responsibility for malware or network interception by others that captures your information in transit. Further, providing personal information to Fluresh is at your sole risk.
1Fluresh9Third Party Links
The Site may include links to other websites that are unaffiliated with Fluresh. Fluresh does not control, and is not responsible for, the privacy and data security conditions at those sites. As such, Fluresh is not responsible for the consequences of your clicking on such links.
1Fluresh10Limitation of Liability
In no event shall Fluresh, or its parents, subsidiaries, affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the above parties shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.
1Fluresh11Governing Law and Arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Michigan, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or services available on the Site shall be determined by arbitration in the County of Kent and City of Grand Rapids, Michigan before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the location identified above. You hereby accept the exclusive jurisdiction of such court for this purpose.
1Fluresh12Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site signifies your explicit consent to this waiver.
1Fluresh13Contacting Us
Please contact us with questions at [email protected] When requesting the removal of personal data that you submit, please provide your full contact information (name, mailing address, telephone, email) so that we can find and remove all parts of your personal data from our system (subject to any exceptions listed above).
4817-2537-3341.4
1Fluresh