Privacy & Terms
Privacy &
Terms
Okapa Terms of Use
Last Updated: September 17, 2024
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Okapa LLC (“we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of okapa.com, including any content, functionality and services offered on or through okapa.com (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Okapa and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any products or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access parts of the Website or place an order, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Okapa, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial (other than placing orders) use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (x) Modify copies of any materials from this site; (y) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Okapa. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The terms OKAPA, ENTER OKAPA, the Okapa logo and all related names, logos, product and service names, designs and slogans are trademarks of Okapa or its affiliates or licensors. You must not use such marks without the prior written permission of Okapa. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited
Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Okapa, an Okapa employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Okapa or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Okapa, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Okapa. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchase Terms of Sale and Other Terms and Conditions
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Use, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Fulfillment of all orders on the Website is subject to availability.
Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, Diners Club / Apple Pay, Google Pay, Shop Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
If you’re having second thoughts about your purchase, and your purchase was made within 14 days, we can return it. Product must be unused and unwashed, with all original packaging, and accompanied by proof of purchase. To initiate a return, please visit our Return FAQs.
Manufacturer’s Product Warranty
To review our product warranty, please visit our Warranty Page. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Website Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. SUBJECT TO THE “MANUFACTURER’S PRODUCT WARRANTY” IDENTIFIED ABOVE, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OKAPA NOR ANY PERSON ASSOCIATED WITH OKAPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OKAPA NOR ANYONE ASSOCIATED WITH OKAPA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND THE MANUFACTURER’S PRODUCT WARRANTY, OKAPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Website Limitation on Liability
EXCEPT AS OTHERWISE SET FORTH IN THE MANUFACTURER’S PRODUCT WARRANTY, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OKAPA AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO OKAPA FOR THE APPLICABLE PRODUCT IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Okapa, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Okapa’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Limitation on Time to File Claims
EXCEPT TO THE EXTENT A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Okapa of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Okapa to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement; Assignment
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Okapa LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Except as expressly otherwise set forth herein, these Terms of Use do not and are not intended to confer any rights or remedies upon any third party.
You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
Notices
(a) To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by email transmission (with confirmation) to [email protected]. We may update the email for notices to us by posting a notice on the Website. Notices provided by email transmission (with confirmation of transmission) will be effective one business day after they are sent.
Your Comments and Concerns
This website is operated by Okapa, LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].
Okapa Privacy Policy
Last Updated: September 17, 2024
This Privacy Policy (“Privacy Policy”) describes how Okapa LLC (collectively, “Okapa,” “we,” “us,” or “our”) may collect, use, and disclose personal information that we collect through our website at okapa.com (the “Site”) and through our related services. “Personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include information that is publicly available or deidentified.
We may provide you additional or different privacy policies at the point of collection of your personal information, depending on the circumstance.
We may update this Privacy Policy from time to time. All changes will be effective as of the “Last Updated” date at the top of this Privacy Policy. We encourage you to review this Privacy Policy regularly.
Personal Information We Obtain
We may obtain the following categories of personal information directly from you, automatically when you visit our Site, or from our vendors, depending on how you interact with us:
Identifiers, including name, phone number, mailing address, email address, or other similar identifiers.
Characteristics, including age and gender.
Purchase History, including records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or Other Electronic Network Activity, including device identifiers, mobile network, operating system details, language preferences, referring URLs, length of visits, traffic data, pages viewed, and information regarding interactions with the Site.
Geolocation Data, including approximate location, which may be based on your ZIP code or IP address.
Audio, Electronic, Visual, or Similar Information, including audio recordings of customer service calls, and user-generated photos and/or videos left on product reviews.
Payment Information, including credit or debit card details and billing address information.
Inferences, including inferences from other personal information we process to create a profile about you reflecting your preferences and interests.
We may also collect information about you from external services, such as if you choose to use an online feature offered through another website, in connection with a co-marketing agreement, or in connection with a tracking technology.
How We Use Personal Information
We may use personal information for the following purposes:
Provide Services You Request, including by maintaining or servicing your account; operating and maintaining our Site; providing information about our services; processing your payments and orders; communicating with you about our services; and responding to your requests and questions.
Communicate With You, including providing account notifications or order status updates; providing product recall notifications; confirming your preferences; engaging with you on social media; or providing you information about relevant programs, contests, sweepstakes, or other promotions or offerings.
Improve How We Do Business, including improving our products and services and your shopping experience.
Conduct Business Analytics, including forecasting and planning, developing statistics on engagement with our Site, and measuring how well marketing and promotional activities perform.
Security and Integrity, including protecting our Site from cyber risks; authenticating Site users; preventing, identifying, investigating, and responding to fraud, illegal or malicious activities, and other liabilities; enforcing our policies and terms; protecting our rights; fulfilling our legal obligations; and generally providing you with a secure experience when using our Site.
Quality, Safety, and Internal Research, including evaluating how our services perform; repairing or improving the quality of our services; tracking and responding to quality and security issues; and developing new or enhanced products and service offerings.
Advertising and Marketing, including measuring the use of our services and effectiveness of our advertising and marketing; and uncovering insights to improve our services and provide our users with enhanced features and functionalities, such as personalized experiences.
Operate Our Business, including performing system administration and technology management, including optimizing our Site; for recordkeeping and auditing purposes; for risk management, investigations, reporting and other legal and compliance reasons; identifying prospective customers, business clients, suppliers, and other vendors; administering our relationships with our customers, business clients, suppliers, and other vendors; fulfilling purposes that we describe to you at the time we collect your information and in connection with mergers, acquisitions, divestitures, or similar corporate transactions.
How We Disclose Personal Information
We may disclose personal information to other parties for the following purposes:
Corporate Affiliates. We may disclose personal information to our affiliates, subsidiaries, locations, brands, and other related entities that may process your personal information as described in this Privacy Policy.
Service Providers and Vendors. We may share your information with vendors and service providers that we engage to provide services to us on our behalf, such as support for the internal operations of our Site (including payment processors and third parties we use to process orders on our behalf); electronic mail; product and service delivery; conducting analysis to improve our products, services, Site, and store experiences; research; digital marketing; fulfilling orders you place; managing payments; and answering your questions.
Ad Tech Companies and Other Providers. We may share certain personal information (such as a unique identification number and internet or other electronic network activity) with ad tech companies and other online providers of services.
Business Partners and Other Third Parties. We may disclose or otherwise make your information available to business partners or other third parties for an approved business purpose. When we disclose information in this context, we comply with applicable legal requirements, which may include providing certain rights with respect to the disclosed personal information.
Corporate Transactions. We may disclose personal information to prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transactions involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.
Legal Compliance. We may disclose personal information for legal compliance and law enforcement or public safety purposes, including to law enforcement, government or regulatory bodies, or other authorized parties in order to comply with laws, regulations, subpoenas, court orders, or other legal obligations; to assist in investigations; to protect and defend our rights and property or the rights or safety of other parties; to enforce our Terms of Use, this Privacy Policy, or agreements with third parties; or for crime-prevention purposes.
With Notice or Consent. We may also disclose information about you, including personal information to other third parties, where we have provided specific notice to you or asked for your consent, as applicable.
We may combine your personal information with data we obtain from our Site, our services, other users, or third parties. We reserve the right to convert, or permit others to convert, your personal information into deidentified, anonymized, or aggregated data, as permitted by law.
Cookies and Other Similar Tracking Technologies
We and vendors acting on our behalf may use cookies, web beacons, pixels, APIs, and other types of tracking technologies (collectively “Cookies”) on our Site to collect and analyze information about interactions with the Site. This includes device identifiers, IP address, location, page visits, and the length and time of the visit.
We and our vendors may use Cookies for several purposes, including to store help the Site function properly, enhance your experience, for analytics purposes, to facilitate security features, or for performance efficiency.
We and our vendors may use Cookies to collect information about your online activities over time and across different devices and websites when you visit the Site. We and our vendors may also link the information collected by Cookies to other information collected about you.
We may engage third-party web analytics services, such as Google Analytics, to help us understand and analyze how visitors interact with our Site. We use such data to understand and analyze how visitors use the Site, help us administer and improve the quality of our Site, and serve ads on our behalf across the internet. For more information on how Google Analytics and other Google products use collected data, click here. To opt out of Google Analytics, click here. To adjust your Google advertising settings, click here.
Certain advertisers may provide you with ways to choose not to have your information collected or used interest-based advertising, such as through the Digital Advertising Alliance (“DAA”) AdChoices Program and the Network Advertising Initiative (“NAI”). The Network Advertising Initiative’s opt-out page is available at optout.networkadvertising.org. The Digital Advertising Alliance’s opt-out page is available at optout.aboutads.info.
Your web browser may also have a setting to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, our Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit allaboutdnt.com. You may set your browser to notify you of or decline the receipt of Cookies; however, certain features of the Site may not function properly or be available if your browser is configured to disable Cookies. We are not responsible for opt-out processes provided by external parties.
Other Online Services
We may engage vendors to provide certain integrations and features on the Site. This includes vendors that process your payment and shipping information. If you choose to connect a third-party account to our system, you should refer to that party’s privacy policy for information on how your personal information is collected, used, and protected. This Privacy Policy does not apply to the practices of companies that we do not own or control.
The Site may also contain links to external websites. Please be aware that we cannot control and are not responsible for the information collection practices of such websites, which may differ from our privacy practices. We encourage you to review and understand the privacy policies of these websites before providing any information to them.
Sweepstakes, Contests, and Promotions
We may use your personal information to send you marketing materials, to conduct surveys, contests, sweepstakes, and to award prizes. We may request additional information to participate in contests and surveys (such as your contact information, photos, personal opinions, preferences, and interests). Participation in these promotions is completely voluntary and you may choose whether or not to participate and therefore disclose your information. Contact information will be used to notify the winners and award prizes. Your personal information may be disclosed to third parties or the public in connection with the administration of a promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion’s official rules, such as on a winner’s list.
Your Choices
You may choose to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by logging into your account or following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
Data Retention
We keep personal information described for as long as is necessary for the purposes described in this Privacy Policy or to achieve the purposes for which the information was collected, or as may be permitted under applicable law. This generally means holding the information for as long as one of the following apply:
Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
Your personal information is reasonably required to protect or defend our rights or property.
Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
Security
We have implemented reasonable procedural, technical, and physical safeguards to protect personal information against unauthorized or illegal access, destruction, use, modification, disclosure, loss or theft. We want you to feel confident using the Site. However, no data transmission or storage system is guaranteed to be completely secure in all circumstances.
Children
The Site is not intended for, nor targeted to, children under 16, and we do not knowingly collect any personal information from children under 16. If we become aware that an individual submitting information is under 16, we will delete the information in accordance with applicable law.
Site Visitors From Outside the United States
The Site is hosted in the United States. If you are visiting the Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in jurisdictions other than your country of residence, including the United States. The data protection laws of these jurisdictions, including the United States, might not be the same as those in your country.
Additional U.S. State Privacy Disclosures
U.S. State Privacy Rights
Depending on your state of residence, you may have the following rights related to your personal information.
Right to Confirm, Access, or Know: You may have the right to confirm that we process your personal information, access your personal information, and know details about the personal information we process, including:
The categories of sources from which the personal information was collected.
Our business or commercial purposes for collecting, selling, sharing, or disclosing personal information The categories of recipients to which we disclose personal information.
The categories of personal information that we sold or shared, and for each category identified, the categories of third parties to which we sold or shared that particular category of personal information.
The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
You may also have the right to obtain your personal information in a transportable format.
Depending on your state of residency, you may also request a specific list of third-party organizations we disclose personal information to, which we may limit to only third-party organizations that specifically receive personal information about you.
Right to Correct Personal information: You may request that we correct personal information that we maintain about you if you believe such personal information is inaccurate. Upon receipt of a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as you direct.
Right to Request Deletion of Personal Information: You may request that we delete your personal information. Please note that we may retain certain personal information as permitted by applicable law.
Opt-Out Rights: You may have the right to opt out of the sale of personal information, targeted advertising, cross-context behavioral advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects.
To opt out of these purposes, click on the Cookie Preferences link at the footer of the Site, which will allow you to access our Cookie preference manager.
We will not discriminate against you for choosing to exercise any of your privacy rights.
You may exercise your rights by emailing us at [email protected]. If you have any questions about this process, including regarding requests we are unable to fulfill, you may contact us at [email protected].
For certain requests, we may request additional information to verify your identity, which may require you to log into your account or to provide 2-3 pieces of personal information that we will match against our records.
Depending on your state of residence, you may be able to designate an authorized agent to make certain privacy rights requests on your behalf. Such privacy rights requests may have to undergo our verification process, which includes verifying the identity of the agent and their authorization to make the request. An authorized agent may submit a request on your behalf using [email protected] listed above.
Additional California Disclosures and Rights
Selling and Sharing Personal Information: Under California law, a sale of personal information can refer to disclosures of personal information to third parties who may use the information for their own purposes, such as Cookie providers. Similarly, under California law, sharing personal information refers to disclosing of personal information to third parties for cross-context behavioral advertising. In this context we sell and share the following categories of personal information: Identifiers, Personal Records, Internet or Other Electronic Network Activity, Geolocation Data, and Inferences. We have sold and shared personal information to third parties, including our vendors and other third parties for cross-context behavioral advertising and other marketing and advertising services that we utilize on our Site. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
Right to Limit the Use of Sensitive Personal Information: We also do not use or disclose sensitive personal information for purposes to which the right to limit use and disclosure applies under California law. For this reason, this right is not applicable.
California’s Shine the Light Law
California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to other parties, including affiliates, for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those other parties. California residents may make one such request per calendar year. To make a Shine the Light request, you may contact us by email or postal mail using the information provided in the “Contact Us” section. In your request, please state that you are a California resident and provide a current California mailing address for our response.
Contact Us
If you have questions about this Privacy Policy, you can contact us at [email protected].