Terms of Use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, https://www.freetoogloves.com/ (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from January 1, 2022.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. Please pay special attention to  Clause 17 (Class Action Waivers); and Clause 18 (Dispute Resolution).

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

1. Company Information

Freetoo  (we, our and us) operates the website.

Our contact email address is service@freetoogloves.com

 2. Your Responsibily for Others Who Access Our Website Using Your Device Or Internet Connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

3. Other Documents Governing Your Use of Our Website

In addition to these Terms of Use, your use of our website is also governed by the following documents:

  • Our privacy policy, which is available at https://www.freetoogloves.com/pages/privacy-policy . Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy.

If you do not agree to the terms set out in these Terms of Use, you must not use our website.

4. Availability of Our Website

We make no representations and provide no warranties that:

  • the website will be made available at any specific time or from any specific geographical location;
  • your access to the website will be continuous or uninterrupted; or
  • the website will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

Our website is provided for users in the United States. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the website will be appropriate for users in other countries or states.

5. Changes We May Make to These Terms of Use and Other Documentation

We reserve the right to update these Terms of Use, our privacy policyand any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

  • to reflect any changes in the way we carry out our business;
  • to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
  • to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
  • to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
  • to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.

6. Your Account Details

If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information.

If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at service@freetoogloves.com

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Packages undeliverable by USPS will be cancelled and refunded once received at our shipping hub. Refunds typically take 4-10 business days to process. For more detail, please review our Returns Policy.

7. Ownership of Material on Our Website

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

8. Information and Content on Our Website Provided on Non-Reliance Basis

Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

9. Permitted Use of Materials on Our Website

The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

10. User Permissions

Freetoogloves welcomes Your reviews, comments, and other communications, photos, videos, or any other content that You TRANSMIT or submit through or to the Site, or any content or information that You publish through any social media and expressly authorize Freetoogloves to feature ("User Content") as long as the User Content submitted by You complies with these Terms. You agree that any information, feedback, questions, comments and/or submissions to any Site (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and You grant Freetoogloves a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Freetoogloves, its Affiliates and their respective sublicensees the right to use the name that You submit in connection with such content, if they choose. We will have no obligations or liability of any kind to You or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without Your approval or compensation to You. You waive any rights You may have in modifications or alterations to Your Submissions or in the event that Your Submission is changed in a manner not agreeable to You. In addition, You hereby waive all moral rights You may have in any materials uploaded to the Site or sent to us by You.

All messages transmitted to the Site, other than Customer Account information and Customer Data, will be readily accessible to the general public. You should not use the Site to transmit any communication which You intend only the intended recipient(s) to read. Notice is hereby given that any and all messages and videos uploaded to the Site can and may be read and/or viewed by the operators of the Site and others who have access to the Site, regardless of whether or not the operators or community are the intended recipients of such messages.

To enable Freetoogloves to use the information You supply to us through Your Submissions, and so that We are not violating any rights You might have in that information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights You have in that information, in any media now known or developed in the future, with respect to your information. However, Freetoogloves will only use Your personal Customer Account and Customer Data information in accordance with our Privacy Policy.

If You believe that the content of any Submission provided by You, or any Content appearing on the Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient)

11. Prohibited Uses of Our Website

You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

  • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
  • for any fraudulent purposes whatsoever;
  • to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
  • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
  • to communicate with, harm or attempt to harm children in any way; or
  • in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    You must not transmit any worms or viruses or any code of a destructive nature.
    A breach or violation of any of the Terms will result in an immediate termination of your Services.

You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

12. Viruses and Other Harmful Content

We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use any third parties, software or technology to attempt to gain unauthorized access to our website, our servers, systems, hardware, software or data.

You must not attempt to perform any denial of service type attack on our website.

We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

13. Links to Other Websites

Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

14. Links to Our Website

You may not link to our website without our prior written consent.

Where you have obtained our consent to link to our website:

  • you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
  • wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
  • you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

15. Exclusions and Limitations of Liability

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of sale.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

  • YOUR USE OF OUR WEBSITE;
  • ANY CORRUPTION OR LOSS OF DATA;
  • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
  • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
  • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
  • ANY LOSS OF REPUTATION OR GOODWILL;
  • ANY LOSS OF SAVINGS;
  • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
  • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content 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.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this Clause 15 (Exclusions and Limitations of Liability) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

16. Indemnification

You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

  • your uploads, access to or use of the website;
  • your breach or alleged breach of these Terms of Use;
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

17. Class Action Waiver

This is a Class Action Waiver.  YOU AND FREETOOGLOVES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both You and Freetoogloves agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

18. Dispute Resolution

Certain portions of this Clause 18 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and Freetoogloves agree that we intend that this Clause 18 satisfies the “writing” requirement of the Federal Arbitration Act.

  1. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Website, these Terms of Use, or any additional terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Our actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth herein, then You agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based using the most recent contact information that You provide to us; if no such information has been provided or if such information is not current, then we owe You no obligation under this Section.  Your notice to Us must be email to: service@freetoogloves.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Freetoogloves and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Freetoogloves to resolve the Dispute or Excluded Dispute on terms with respect to which You and Freetoogloves, in each of Our/Your sole discretion, are not comfortable.
  2. Forums for Alternative Dispute Resolution. If You are located in, are based in, have offices in, or do business in a jurisdiction in which this Clause 18 is enforceable, the following mandatory arbitration provisions apply to You:

(i) Arbitration. If we cannot resolve a Dispute as set forth in Clause 18(A) within sixty (60) days of receipt of the notice, then either You or we may submit the Dispute to formal arbitration.  If we cannot resolve an Excluded Dispute as set forth in Clause 18(A) within sixty (60) days of Our receipt of the notice, then either You or We may submit the Excluded Dispute to formal arbitration only if You and Freetoogloves consent, in a writing signed by You and an officer or legal representative of Freetoogloves, to have that Excluded Dispute subject to arbitration.  In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Clause 18(B).

Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Comprehensive Arbitration Rules & Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”).  If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings. If the Dispute has a claimed value of more than $250,000, or if Freetoogloves elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by JAMS in accordance with the then-current Comprehensive Arbitration Rules & Procedures.  The arbitrator or arbitration panel, as the case may be, will apply applicable law, the provisions of these Terms of Use, and any additional terms set forth in Freetoogloves’s Privacy Policy, Privacy Statement, and Subscriber Agreement to resolve any Dispute.  Such resolution shall be made according to the applicable law and facts and will issue a reasoned award on no other basis. If You and Freetoogloves do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Clause 18(B)(i), then this paragraph and the remainder of this Clause 18 will not apply to the Excluded Dispute.

You can obtain JAMS procedures, rules, and fee information by calling (949) 224-1810 or visiting http://www.jamsadr.com

(ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Use (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees).  However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the City and County of Los Angeles, California. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Freetoogloves to pay a greater portion or all of such fees and costs in order for this Clause 18 to be enforceable, then Freetoogloves will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts.  Discovery will be permitted pursuant to the applicable arbitration rules.  The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based.  Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to the Federal Arbitration Act.

19. Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  • THE SERVICE;
  • THE WEBSITE CONTENT;
  • USER CONTENT; OR
  • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

20. Children's Privacy

You may not use of engage with our website if you are under thirteen (13) years of age.  If you use or engage with the website and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website. 

21. Additional Disclosures for California Residents

This section describes how we collect, use, process, and disclose personal information of California consumers and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by the California Consumer Privacy Act. We note that the definition of “personal information” in California is expanded to include information that identifies, relates to, or could reasonably be linked with a particular person or household.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section The Information We Collect above.

We collect this personal information, as further described in the How We Use Your Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share such personal information with the third parties listed in the above section How we share your personal information. California law also requires that we provide you with information about certain disclosures to such third parties, where the disclosure involves monetary or other consideration. California treats these disclosures are “sales” of information, even where no money is exchanged. Some of the disclosures we make constitute “sales” under California law and involve the disclosure of the following types of personal information:

  • Identifiers, such as contact information, IP address, and other online identifiers;
  • Personal information, as defined in the California customer records law, such as contact information;
  • Internet or network activity information, such as browsing history and interactions with our website; and
  • Geolocation data, such as IP location.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

We also disclose the following personal information to third parties for our operational “business purposes” as defined by California law:

IDENTIFIERS, SUCH AS NAME, CONTACT INFORMATION, IP ADDRESS AND OTHER ONLINE IDENTIFIERS;

Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

PERSONAL INFORMATION, AS DEFINED IN THE CALIFORNIA CUSTOMER RECORDS LAW, SUCH AS NAME AND CONTACT INFORMATION, AND PAYMENT CARD NUMBER;

Service providers; Auditors, advisors, and financial institutions; Business reorganization; Group companies; Mandatory disclosures and legal rights

CHARACTERISTICS OF PROTECTED CLASSIFICATIONS UNDER CALIFORNIA OR FEDERAL LAW, SUCH AS SKIN TONE OR COLOR;

Service providers; Business reorganization; Group companies

COMMERCIAL INFORMATION, SUCH AS TRANSACTION INFORMATION AND PURCHASE HISTORY;

Service providers; Auditors, advisors, and financial institutions; Group companies; Business reorganization, Mandatory disclosures and legal rights

INTERNET OR NETWORK ACTIVITY INFORMATION, SUCH AS BROWSING HISTORY AND INTERACTIONS WITH OUR WEBSITE;

Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

GEOLOCATION DATA, SUCH AS IP LOCATION;

Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

ELECTRONIC AND SIMILAR INFORMATION; AND

Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

INFERENCES DRAWN FROM ANY OF THE PERSONAL INFORMATION LISTED ABOVE TO CREATE A PROFILE ABOUT, FOR EXAMPLE, AN INDIVIDUAL’S PREFERENCES AND CHARACTERISTICS.

Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

 

Your Rights

You have a right to notice, upon collection, of the categories of personal information collected and for which purposes the data will be used. You have the right to access a copy of the categories and specific pieces of personal information that the company collects, uses, and shares about you, and the right to ask the company to delete/anonymize your personal information, with limited exceptions.  You also have the right to opt-out of the “sale” of your personal information. Finally, you have the right to be free from discrimination for exercising your rights.

If you wish to exercise any of these other rights or have any questions or concerns regarding the processing of your personal information, please email us at service@freetoogloves.com. We will respond to your request consistent with applicable law.

Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. Where we possess appropriate information about you on file (e.g., name, phone number, email, or physical address), we will attempt to verify your identity using that information. We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

To use an authorized agent to make a request on your behalf, you will need to directly confirm with us that you provided the authorized agent permission to submit the request, provide the company with signed permission for the authorized agent to act on your behalf, and you will need to verify your identity, directly with the company.

This CCPA Notice does not apply to our job applicants, employees, contractors, owners, directors, or officers where the personal information we collect about those individuals relates to their current, former, or potential role with us.

22. For Our European Users (including the United Kingdom)

International data transfer. 

We take steps to ensure that we handle your personal information subject to appropriate safeguards. As a US company, most of our operations are conducted in the United States and in order to provide the Site, personal information may be processed in the United States and Canada, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. Where required by such laws, you may request a copy of the suitable safeguards we have in place by contacting us as detailed below.

Retention of your personal information. 

We typically retain personal information related to marketing activities for as long as you accept marketing communications from us, and no longer than six [6] years from your last contact with us. In any event, upon request, we will securely delete such data in accordance with applicable law.  For personal information that we collect and process for other purposes, as described above, we typically retain such personal information for no longer than the period necessary to fulfill the purposes outlined in this Privacy Policy, and as otherwise needed to address tax, corporate, compliance, employment, litigation, and other legal rights and obligations. 

Lawful bases for handling your data. 

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, How We Use Your Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to purchase Freetoo products); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Site).

Automated decision-making.

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

To the extent required under applicable law, you have the right of:

  • Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
  • Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
  • Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
  • Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. 
  • Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
  • Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing).  We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
  • Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at service@freetoogloves.com with the subject line “Privacy” so that we can get your email to the right team, or log-in to your account. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

More on the right to object

You may exercise your right to object to us using or processing your information for direct marketing purposes by: clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link.

For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled How to accept or reject cookies in our cookies policy, which is available here: https://www.freetoogloves.com/pages/cookies-policy, or manage your settings below.

Your consent applies to the following domains: freetoogloves.com
Your current state: Allow all cookies (Necessary, Preferences, Statistics, Marketing). 
Your consent ID: OMHLiq71papjJp53JwIUCsZGIl4foo+OE56w6m3NxKcGBd1xiT9JFg==

change your consent  |  withdraw your consent

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. Please contact us, as detailed below, for more information about your rights or to make a request to exercise your rights, as applicable. We will respond to your request consistent with applicable law.

23. For Our Canadian Users

We retain Personal Information for as long as you have an account with us in order to meet our contractual obligations to you and for seven years after that and/or purchase of services to identify any issues and resolve any potential legal proceedings.

Please contact us at service@freetoogloves.com:

  • If you wish to access, update, and/or correct inaccuracies in your Personal Information or change your consent preferences (note: we may need to collect additional Personal Information for the purposes of verifying your identity before responding to your request);
  • For information about how our foreign-based service providers process your Personal Information; or

If you have any questions or complaints about the manner in which we treat your Personal Information.

24. For Our UK Users

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK

25. Copyright, Credit and Logo

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