Terms and Conditions
TheButtKicker.com LEGAL NOTICES
EFFECTIVE June 21, 2017
TERMS & CONDITIONS OF SITE USE
Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third party websites. You agree that we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of Internet users. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content.
All content included on the Sites, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws.
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the Sites. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
LICENSE AND SITE ACCESS
We grant you a limited license to use the Sites for personal and non-commercial use only. You may not copy or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grants you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18.
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Sites, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT YOU SUPPLY.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.
WE DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITES.
RISK OF LOSS, FOREIGN SHIPMENTS, RETURNS, REFUNDS AND TITLE
You acknowledge and agree that all items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS RESPONSIBLE FOR ALL IMPORT LEVIES.
We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE (THE GUITAMMER COMPANY. AND ITS AFFILIATES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The law of the State of Ohio and federal law to the extent applicable governs the use of the Sites, without reference to choice of law provisions. Any claim which qualifies to be filed in a court of law will be heard exclusively in the courts of Franklin County, Ohio.
OUR RIGHT TO AMEND AND REMOVE POLICIES
We have the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
The Guitammer Company
P.O. Box 82
Westerville, OH 43086
OUR COMMITMENT TO PRIVACY
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way we collect and use your information. Your use of the Site constitutes an agreement to these information practices. To make this policy easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. In this policy, “Personal Information” is defined as data and facts about you that we collect. Personal Information does not include your IP address.
THE INFORMATION WE COLLECT
This policy applies to all information collected by or submitted to us on a Site. In some areas of a Site, you can order products, make requests, submit product reviews, and register to receive materials or communications from us. The types of Personal Information collected on these Sites are:
- Email address
- Phone number
- Credit/Debit card information
- Transaction Information
On some Sites, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of Personal Information collected are:
- Email address
- Phone number
THE WAY WE USE YOUR PERSONAL INFORMATION
Personal Information is generally kept for our use in assisting you in your current or future purchases or in analyzing sales trends. We do not sell, rent or provide your "Personal Information" to third parties, except as described below.
Our use of Personal Information: We use Personal Information that you provide when placing an order primarily to complete that order. Personal Information from the order form is used to send orders, information about our company, and promotional material from some of our partners to you. Personal Information is also used to get in touch with you when necessary. You may opt-out of receiving future mailings by following the directions in those mailings.
We sometimes use online surveys which ask you to voluntarily submit your Personal Information which usually includes contact information (typically your email address) and demographic information (like your zip code, age, or income level). If you choose to submit this Personal Information, we use it to send you promotional material.
We periodically run contests on the Sites in which we ask you to voluntarily submit selected Personal Information such as contact information (typically your email address) and demographic information (like your zip code, age, or income level). If you choose to submit this Personal Information, we use it to send you our promotional material and at times, send it to some of our partners. Your Personal Information is also used to contact you when necessary (i.e. if you win a contest).
Demographic and profile data is also collected on the Site. We use this information to tailor your experience on the Site, showing you content that we think you might be interested in, and display the content according to your preferences.
On some of the Sites, you are permitted to submit User Content. Our policies with regard to User Content are detailed here.
Our sharing of Personal Information with third parties:
- We may provide Personal Information to third parties or marketers for their marketing purposes. We never provide your entire credit card or debit card numbers to any of these third parties or marketers, but may provide the last four digits of those numbers to a third party or marketer to aid those third parties or marketers in differentiating individuals from one another.
- We may share Personal Information to the extent required by legal process or enforceable governmental request.
- We may share Personal Information with third parties to detect, prevent, or otherwise address fraud, security, or technical issues. These third parties may place and read cookies on your browsers, or may use web beacons or similar technologies to collect information in connection with the Google Trusted Merchant Program.
COOKIES AND IP ADDRESSES
We also collect, use, and monetize IP Addresses. An IP Address is a convention of the Internet Protocol that identifies your "virtual" address on the internet. It is not personal to you and does not identify any of your Personal Information. All devices connected to a network have an IP Address permitting communication to and from the device. If you connect to the Internet from your computer, then you have an IP Address that looks something like this: 209.17.654.152. In the simplest possible terms, your IP Address contains no data that identifies you individually. It is only a logical address allowing you to connect to others and others to locate your computer. We use an IP Address for a number of uses as summarized in this Policy, such as to help diagnose problems with our server and to administer our Web site. We also use IP Addresses to help identify you and your shopping cart, and to gather broad demographic information.
In addition to the disclosure of Personal Information to third parties as described above, we may monetize or otherwise provide anonymous IP Addresses to other third parties. For example, we sometimes employs other companies and individuals to perform functions on our behalf, such as hosting our website; providing marketing assistance, search results and links, or retargeted advertising; and/or analyzing data. These third parties have access only to IP Addresses and do not have access to your Personal Information. However, as disclosed above, we may disclose Personal Information to third parties in certain limited circumstances.
We work hard to provide you with a personalized experience. We do not alter or change your experience, or otherwise respond to “DNT” or “do not track” signals or other mechanisms received from your computer or mobile device. While on the Site, other third parties may be collecting your Personal Information as described above.
This site contains links to other sites. This Policy applies to our Sites only. We do not exercise control over the privacy practices or content of any of the external links contained on the Site. These external links may place their own cookies or other files on your computer, collect data, or solicit personal information from you, and are governed by their respective privacy policies and legal notices.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. For example, we work to protect the security of your Personal Information whenever it is transmitted by using Secure Sockets Layer (SSL) software, which encrypts information a user inputs.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing, using commercially reasonable security measures.
It is important for you to protect against unauthorized access to your password and computer. You should be sure to sign off after using a shared computer.
You also have the option to access the Site from your mobile or wireless device. When using a mobile device or a wireless network, depending on your carrier or network administrator's policies (over which we have no control), the carrier or network administrator may have access to your Personal Information. For information regarding your carrier or network administrator’s treatment of Personal Information, you should consult your carrier or network administrator's privacy policies.
OUR COMMITMENT TO CHILDREN’S PRIVACY
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information from those we actually know are under 13, and no Site is structured to attract anyone under 13.
OPTING OUT OF COMMUNICATIONS FROM US
There is an unsubscribe link in every email that we send. You can be removed instantly from our list by clicking it.
OPTING OUT OF HAVING OUR MARKETING PARTNER DELIVER ADS TAILORED TO YOUR WEB PREFERENCES AND USAGE PATTERNS
If you choose NOT to have our marketing partners deliver ads tailored to their Web preferences and usage patterns, you can opt out of this usage of their Personal Information by visiting the Network Advertising Initiative Opt-out Tool located at: //www.networkadvertising.org/managing/opt_out.asp and opting out from targeted ads delivered by various marketers.
OPTING OUT OF SHARING INFORMATION WITH THIRD PARTY PARTNERS FOR MARKETING PURPOSES
If you prefer that we do not share your Personal Information with other marketers, send us an email containing the subject line “opt out” to firstname.lastname@example.org.
We prohibit copyright infringement by users of our Sites, and will remove or disable access to any User Content that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that we may have, we reserve the right to remove or disable access to any allegedly infringing User Content without notice.
Any copyright owner or its authorized agent who believes that any User Content infringes such owner’s copyright may submit notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for us to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the User Content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c).
If your submission of User Content or any portion of it is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a submission or believe that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to us. The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of Ohio, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified us of the alleged infringement. If we receive a proper counter-notice, we will have the right to send a copy of it to the complaining party, and we may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days. We are not in a position, however, to adjudicate such disputes.
We may terminate your access to the Site(s) without notice if, under appropriate circumstances, we determine that you are a repeat infringer.
DMCA notices and counter-notices should be submitted to our designated agent for receiving such notices, which is our Legal Department at:
The Guitammer Company
P.O. Box 82
Westerville, OH 43086