Privacy and Terms
This Privacy Policy ("Policy") sets out how Chrome Industries, Inc. and its subsidiaries ("we", "us", "our"), collect and process information about you when you visit and/or place an order for our products through one of our branded Chrome websites (the "Websites").
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PART II. WHAT WE COLLECT AND HOW WE USE ITInformation you give us
You may give us information, including information that can identify you ("personal information"), when you use our Websites, correspond with us, or enter into any of our competitions, promotions, sweepstakes or surveys. Where we request information from you, we will collect the information set out in the relevant forms or pages. You may choose to provide additional information to us when you contact us or otherwise interact with us.
If you purchase any products through the Websites you may be required to create an online account (your "Account"). You are also able to create an Account with us without placing any orders. You may also be able to place orders without creating an Account via the "Guest Checkout" feature".
The information that you provide when setting up your Account may include your name, email address and telephone number. If you register to hold an Account with us, you will also have a unique username and password which enables you to access your Account.
Please note that we will not be storing your payment information, which will be processed and stored by a third party payments company (e.g. PayPal or Paymentech), although we may store certain information like your billing address and the last 4 digits of your card number.
If you subscribe to receive our newsletter, then you will provide us with your name and email address (and possibly even your relevant interests!) although you may optionally also provide your gender and date of birth.
If you contact us via email then we will collect your email address.
You may also submit personal information in connection with photos/stories/videos for our potential use and/or publication (for example, as part of competitions) or via reviews or our message boards. We may use some of these in marketing campaigns but if we do we will ensure that you are made aware of such use prior to the campaign going live and given an opportunity to understand the intended use and, if you choose, object to the use.
The personal information that you provide to us will be used for the purposes made clear to you at the time you submit your information, for example for enabling you to use our Websites and placing orders online and/or for administrative and troubleshooting purposes, and, as explained in section titled "Information we receive from other sources,” we may also use this information for further purposes when combined with other data we collect about you.
We and our third party marketing partners may also use the information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. However, you will always be able to opt-out of our marketing at any time (see the "How to opt in or opt out of direct marketing" section below).
Information we collect automatically via the WebsitesWhen you visit our Websites, we may automatically collect the following information: your IP address, log-in information, location information, browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from our Websites, download errors, length of visits to certain pages and page interaction. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. We collect information automatically through the use of various technologies, including through "cookies", and this is explained further in the "Cookies and other technologies" section below.
We use the information we collect automatically: (i) to administer our Websites for internal operations including troubleshooting purposes; (ii) to ensure that content from our Websites is presented in the most effective manner for you and your devices; (iii) as part of our effort to keep our Websites and the order process; (iv) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and (v) to make suggestions and recommendations to you and other users of our Websites about goods or services that may interest you or them.
Information we receive from other sourcesWe may receive and collect information about you if you access the Websites via social media (or vice versa) or if you use our forums, enter competitions with us or one of our partners or upload any content to the Websites. We use this information to provide technical support, validate your identity and enable your participation in any competitions you enter.
We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them (including information that is publicly available).
Where permitted by law, we may combine this information we receive from other sources, including from social media websites, with information you give to us and information we collect about you, including cookie information. We may use this information and the combined information for learning more about your preferences as our customer, for enhancing your user experience on our Websites and for providing you with information, content and offerings tailored to your needs.
If you are placing an order from a country outside of the United States, our global partner ‘Global-e’ will process your payment and may process your delivery. This service is necessary to allow you to shop in your local currency, with local payment methods and reliable customs and duty tax calculations. Global-e will share with us some of your personal information, including your names, address(es), telephone number(s), account number, and transaction information. We will process such information in accordance with this Policy.
Pro Site usersIn addition to the above collection and use, if you wish to access and make use of our Pro Sites we may require certain other information from you to validate your identity and employment status at an eligible partnering brand. We may require certain information from or photographs of your paystubs/payslips or your work email address that you use at our partner. We will make you aware of what is required when you access our Pro Sites.
We will only ever ask you for a proportionate and justified amount of personal information to allow us to carry out the above checks and will not store this information for an unreasonable length of time.
Legal basis for processing personal information (EEA visitors only)If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests (such as the prevention of fraud or provision of direct marketing) and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address found in the "Contact Us" section below.
Cookies and other technologiesWe collect information automatically through the use of "cookies". A cookie is a text file containing small amounts of information that a website can send to your browser, which may then be stored on your computer as a tag that distinguishes your computer but does not name you. Some of our websites pages use cookies to better serve you when you return to the Websites. For information about the specific cookies used on these Websites and how you can block or turn off cookies, please refer to our Cookie Statement.
Do Not TrackSome Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not been adopted, our websites do not process or respond to “Do Not Track” signals. To learn more about “Do Not Track”, please visit “ All About Do Not Track".
Links to other websites and social mediaWhere we provide links to other websites, we do so for information purposes only. The other websites are outside our control and are not covered by this Policy. If you access other websites using the links provided, the operators of these websites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.
On some pages of our Websites, third parties that provide content, applications or plug-ins through our Websites may track your use of content, applications and plug-ins or customize content, applications and plug-ins for you. For more information, please refer to our Cookie Statement.
Data retentionWe may retain some information about you and your purchases after they have been placed or your account has been closed where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Disclosure of information to third partiesWe may share your information with third parties: (1) when it is necessary to involve a third party service provider in order to facilitate or extend our services; (2) when explicitly requested by you (e.g. with social media networks); (3) when required by a court order or any legal or regulatory requirement; (4) to enforce our user agreements or policies, such as the Terms of Sale and Terms of Use; (5) to ensure the safety and security of our users, consumers and third parties; (6) to protect our rights and property and the rights and property of our guests and third parties; (7) with selected third parties for their own services and marketing purposes, unless you opt out of this type of sharing by following the directions in Part III below; and (8) with your consent to fulfil the purposes communicated to you at the time of collection. We may request your consent to share your personal information with some third parties in other situations not listed above and, in this circumstance, we will only share your personal information with parties for whom you have consented.
In the event that we or substantially all of our assets is purchased by or transferred to another company, some personal information may be an asset that is reviewed and transferred by or to a third party. This means that if a third party buys us, a corporate group member or its assets, then we may disclose information to that third party in connection with the sale. We will make clear to the relevant third party purchaser that it should only use personal information it receives from us for the purposes for which it was originally obtained.
If you are placing an order from a country outside of the United States, our global partner ‘Global-e’ will process your payment and may process your delivery. This service is necessary to allow you to shop in your local currency, with local payment methods and reliable customs and duty tax calculations. Your order will be subject to Global-e privacy policy. We invite you to read Global-e's Terms & conditions and Privacy Policy before placing your order.
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PART III. YOUR RIGHTS IN RELATION TO YOUR DATARight to access
All users: If you have chosen to have an account then you can access the personal information we hold about you via your account to obtain a copy of it and to correct, amend, or delete information that is inaccurate. You can also close your Account at any time.
It is your responsibility to ensure that you submit true, accurate and complete information to your account and keep it up to date.
Residents of the EEA and Canada: If you are a resident of the European Economic Area or Canada and wish to obtain a copy of personal information that we hold about you or request that the personal information that we hold about you be corrected, please contact us at the address found in the "Contact Us" section below. This may include information like transaction information (e.g., dates on which you made purchases, amounts and types of purchases) or contact information (e.g., name, address, phone number) that we maintain about you. Before responding to your request, we may ask you to verify your identity and to provide further details about your request.
Residents of the EEA: In addition, if you are a resident of the European Economic Area you can also object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Again, you can exercise these rights by contacting us at the address found in the "Contact Us" section below.
We will endeavour to respond to requests we receive from individuals wishing to exercise their data protection rights within an appropriate timeframe and, in any event, in accordance with applicable data protection laws. Please note that if you make a request to access your personal information we may charge you a fee where permitted and subject to a maximum specified by applicable law.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority (contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available on the European Commission website.
How to opt in or opt out of direct marketingWe, and selected third parties, may use the information you give us on our Websites for direct marketing purposes to provide updates, newsletters, events or other communications that we think may interest you. Where required by law, your prior consent will be obtained before sending direct marketing. In any event, we will offer you the option to unsubscribe in every communication sent.
Alternatively, you may at any time ask us to remove you from any mailing list on which you previously asked us to include you by sending us an email at support@chromeindustries.com. If you are a California resident, California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. To opt out of having information about you shared with third parties for direct marketing purposes, please send us an email at support@chromeindustries.com.
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PART IV. CALIFORNIA PRIVACY NOTICE
LAST UPDATED DECEMBER 31, 2019
This California Privacy Notice (“Notice”) describes how California users can exercise their rights under the California Consumer Privacy Act (“CCPA”) when visiting and/or placing an order for products from Chrome Industries, Inc. and its subsidiaries ("we", "us" or "our") through one of our branded Chrome websites (the "Websites"). This document supplements our Privacy Policy.
I. What is Personal Information and what Personal Information do we collect?When we use the term Personal Information throughout this Notice, we are referring to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Over the past 12 months, categories of Personal Information we have collected and their sources include:
- Identifiers, such as your name, email address, telephone number, as well as your unique username and password in relation to your online account with us (if you have one). We collect this information directly from you. We also collect information such as IP addresses and online identifiers, which we collect from you and your device.
- Protected Classification Characteristics under California or federal legislation, such as your gender, date of birth / age and marital status, which you may optionally provide to us.
- Commercial Information, such as purchases you have made on our products or services, or products that you have considered, which we collect from you.
- Internet/Network Activity Information, such as your browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from our Websites, download errors, length of visits to certain pages and page interaction. We collect this information from you and your device.
- Geolocation Data, such as your GPS information if you have it turned on or location-related information which we collect directly from you and your device.
- Profession/Employment Information, which could include information you have provided to us as a job applicant or information you have provided on our products or services or which we have collected directly from you.
- Education Information, which may include student name, address, and other educational information which we collect directly from you.
- Financial Information, which may include payment card information or account information with a third party payments company (e.g. PayPal or Paymentech) or any other financial information which we collect directly from you. Please note that we will not be storing your payment information, which will be processed and stored by a third party payments company although we may store certain information like your billing address and the last 4 digits of your card number.
- Inferences, which may include other types of Personal Information used to deliver our products, including personalizing features and content and making suggestions for you, such as to make suggestions and recommendations to you about products or services that we believe may interest you. This information is created by us.
In addition, we may collect other Personal Information outside of these categories as described in our general Privacy Policy, such as when you use our Websites, correspond with us, or enter into any of our competitions, promotions, sweepstakes or surveys. Where we request information from you, we will collect the information set out in the relevant forms or pages. You may choose to provide additional information to us when you contact us or otherwise interact with us. You may also submit information in connection with photos/stories/videos for our potential use and/or publication (for example, as part of competitions) or via reviews or our message boards. We may use some of these in marketing campaigns but if we do so, we will ensure that you are made aware of such use prior to the campaign going live and given an opportunity to understand the intended use and, if you choose, object to the use.
We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties. This may include:
- Social Network Information – We may receive information about you from third party services. For example, we receive certain information from Facebook when you use their service to login to our Websites.
- Demographic Information – This characteristic information could include information such as income, marital status, spending habits, and other information pertaining to customers.
You can learn more about the Personal Information we collect and the sources of that information by returning to our Privacy Policy.
II. How do we use Personal Information?We may use the information we collect or receive about you for various purposes.
- To provide you with our products and services. We use your information to provide you our products or services. For example, we use your information to enable you to use our Websites and placing orders online and/or for administrative and troubleshooting purposes. If a service is to be performed by a third party (for example, in order to ensure shipping and delivery of a product), then we will disclose your relevant information to the third party performing the required services. Your information may be available or provided to third-party service providers and that are contractually obligated to protect your information as disclosed in the Privacy Policy.
- To maintain, improve, and personalize our Website. We use the information we collect (i) to administer our Websites for internal operations including troubleshooting purposes; (ii) to ensure that content from our Websites is presented in the most effective manner for you and your devices; (iii) as part of our effort to keep our Websites and the order process; (iv) to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising; and (v) to make suggestions and recommendations about our products or services that we believe may be of interest to our users.
- To communicate with you. We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about products or services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
- For account and network security purposes. We use the information we collect, such as your device information, activity information and other relevant information, to combat fraud, spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
- To maintain legal and regulatory compliance. We use the information we collect to fulfill our business obligations, ensure compliance with employment laws or as necessary to manage risk as required under applicable laws and regulations.
- To enforce compliance with our Terms and Conditions and policies. When you access or use our Websites, you are bound to our Terms of Use, Privacy Policy and, where applicable, Terms of Sale. We use the information we collect to monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Websites.
- For our business purposes. We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
You can learn more about our business purposes for collecting Personal Information by visiting our Privacy Policy.
III. How is Personal Information shared?We may share your information with third parties:
- when it is necessary to involve a third party service provider in order to provide our products or services;
- when explicitly requested by you (e.g. with social media networks);
- when required by a court order, law enforcement or other third parties in connection with legal requests or pursuant to any legal or regulatory requirement;
- to enforce our user agreements or policies, such as the Terms of Sale and Terms of Use;
- to ensure the safety and security of our users, consumers and third parties;
- to protect our rights and property and the rights and property of our guests and third parties;
- with selected third parties for their own services and marketing purposes, unless you opt out of this type of sharing by following the directions in Part III of the Privacy Policy; and
- with your consent to fulfil the purposes communicated to you at the time of collection. We may request your consent to share your personal information with some third parties in other situations not listed above and, in this circumstance, we will only share your personal information with parties for whom you have provided your consent.
In the event that we or substantially all of our assets is purchased by or transferred to another company, some personal information may be an asset that is reviewed and transferred by or to a third party. This means that if a third party buys us, a corporate group member or its assets, then we may disclose information to that third party in connection with the sale. We will make clear to the relevant third party purchaser that it should only use personal information it receives from us for the purposes for which it was originally obtained.
California Civil Code Section 1798.83 permits members of our community who are California residents to request and obtain from us a list of what personal information (if any) we may have disclosed to third parties for their direct marketing purposes in the preceding calendar year, including the names and addresses of those third parties. Requests may be made once a year and are free of charge. If you would like to make a request pursuant to California Civil Code Section 1798.83, please do so in writing via email to support@chromeindustries.com; please include the phrase “Request for California Privacy Information” in the subject line and in the body of your message.
IV. How can you exercise your rights provided under the CCPA?Under the CCPA, you have the following rights:
- Right to Know: You have the right to request that we disclose to you the Personal Information we collect, use, disclose, or sell.
- Right to Request Deletion: You have the right to request that we delete your Personal Information that we have collected or maintain.
- Right to Non-Discrimination: You will not receive any discriminatory treatment for exercising any of these rights.
To exercise your “right to know” or your “right to request deletion”, please contact us at support@chromeindustries.com or 866-226-2470.
Please note that to protect your personal information, we may need to verify your identity before processing your request.
Under the CCPA, you may exercise these rights yourself or you may alternatively designate an authorized to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
V. Contact for more informationIf you have additional questions or concerns about our privacy policies and practices, please contact us at support@chromeindustries.com.
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PART V. DATA TRANSFERS AND SECURITYInternet-based transfers
Given that the Internet is a global environment, using the Internet to collect and process personal information necessarily involves the transmission of data on an international basis. While we generally try to store the personal information that we collect about you through our Websites in your region (for example for European visitors, in the European Economic Area), it is likely that your personal information will be transmitted to parties outside your region (where data protection laws may be different).
Please also note that your personal information may be processed in the country in which it was collected and in other countries, including the United States, whose data protection laws may be different to the laws in your country. In any event, we will ensure your personal information remains adequately protected in accordance with the standards described in this Policy, wherever it is processed. These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided on request. We will also ensure that any transfers described in this section take place in compliance with contractual or other measures to protect the information.
SecurityWe use appropriate technical, organizational and administrative measures to protect any personal information we process about our visitors, our customers and their end users.
However, please note that no Internet transmission can ever be guaranteed 100% secure, and so we encourage you to take care when disclosing personal information online and to use readily available tools, such as Internet firewalls, anti-virus and anti-spyware software, and similar technologies to protect yourself online.
Where you have a password, which enables you to access our Websites, you are responsible for keeping this password secure and confidential.
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PART VI. ABOUT US AND THIS POLICYChanges to this Policy
If we change this Policy, we will post those changes on this page in addition to updating the "Last Updated" date at the top of this webpage. If we make material changes, we will notify you more directly, for example by posting a notification or message on the Websites or by emailing you prior to such changes taking effect. We encourage you to review this Privacy Policy frequently to stay informed of the latest modifications.
Contact usThe Websites are maintained by Chrome Industries, Inc. If you have a question, concern or complaint about this Policy or our handling of your information, you can contact us by email at support@chromeindustries.com.
For visitors from a country in the European Economic Area, please contact Chrome Europe B.V. (Netherlands) (the data controller) using the following details: +31 10 22 11 444.
Copyright © 2019 Chrome Industries, Inc. All rights reserved. Chrome and the Chrome logo are registered trademarks of Chrome Industries, Inc.
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PART I. ABOUT THE WEBSITES AND THESE TERMS OF USEIntroduction
These Terms of Use apply to your access to, and use of, www.chromeindustries.com (and its subdomains) and other online or mobile services or applications (collectively, the “Websites”) of Chrome Industries, Inc. ("we" or "us"). Please see our “Contact Us” page on our website for company details.
The Websites are directed to users residing in the United States. We do not promise or represent that content available on or through our Websites is appropriate or available in other locations. We may limit the availability of our Websites or any service or product described on our Websites to any person or geographic area at any time. If you choose to access our Websites from outside the United States, you do so at your own risk.
These Terms of Use set out the terms and conditions on which we agree to make available and you agree to access and use the Websites. By clicking to indicate your acceptance of these Terms of Use, or otherwise accessing or using the Websites, you agree to be legally bound by these Terms of Use, so if you do not agree with these Terms of Use, including the mandatory arbitration provision and class action waiver section below, you should not use the Websites.
Changes to the Terms of Use by usPlease note that we may change these Terms of Use at any time. If we do, we will publish the amended Terms of Use on the Websites so please review the Websites periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. Unless we say otherwise, the amended Terms of Use will be effective immediately and your continued access and use of our Website after the updated date will confirm your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop accessing and using our Websites.
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PART II. Use and operation of the WebsitesChanges to the Websites
It is important to note that we reserve the right to modify, suspend, or terminate operation of or your access to the Websites or any portion of the Websites.
We may update the Websites and change the content at any time including the products we sell and the price we sell them at. Although we make reasonable efforts to update the information on the Websites, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it. We may also interrupt the regular operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
We also do not guarantee that the Websites, or any content, will be free from errors or omissions and we do not make any guarantees that the content on the Websites is accurate, complete or up-to-date.
Your obligationsPlease note that you are responsible for making all arrangements necessary for you to have access to our Websites and that you are also responsible for ensuring that anyone who accesses our Websites under your authorization is aware of these Terms of Use and that they comply with them.
When using the Websites, you promise not to:- use or access the Websites for any fraudulent or unlawful purpose;
- use or access the Websites to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
- interfere with or disrupt the operation of or access to the Websites;
- transmit or otherwise make available in connection with or access to the Websites any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- restrict or inhibit the ability of any other person to access or use the Websites;
- modify, adapt or translate any portion of the Websites;
- remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Websites;
- bypass or ignore instructions contained in our robots.txt file, accessible at [insert URL], that controls automated access to portions of our Websites;
- or use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Websites or circumvent the navigational structure or presentation of the Websites.
If you sign-up for an account with us then this section will also apply to your use of the Websites.
Your username and password are strictly personal and must not be shared with anyone else.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person.
Any use of your account by any person other than yourself is grounds for suspension or termination of your account. You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Website.
LinksLinks to Third-Party Websites. Please note that the Websites may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites or their content. We do not review such third party websites and you acknowledge and agree that:
- we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
- we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
- if you access any such websites, you do so entirely at its own risk.
Links to Our Websites. You are granted a limited nonexclusive, nontransferable right to create a text hyperlink to the Websites for noncommercial purpose, provided that such link does not portray us or any of our products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our Websites must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
Privacy policy and use of dataOur privacy policy (available at http://www.chromeindustries.com) (“Privacy Policy”) explains our policies regarding the collection, use, transmission, and processing of your personal data provided by or collected from you via the Websites (including how cookies are used).
User Generated ContentWhenever you make use of or contribute to any forums, product reviews or embedded social media features (e.g. Instagram feeds) on our Websites or any other feature that allows you to upload content to our Websites or to make contact with other users of our site (which we'll call an "Interactive Service" in this document), you must comply with the content standards set out in our Acceptable Use Policy below.
You promise that any such contribution does comply with those standards and you will be responsible for any loss or damage we suffer as a result of your breach of that promise.
Any content you upload, submit to or post on our Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited license to use, store, modify, exploit, make content based on and copy that content and to distribute and make it available to third parties to do the same.
You must not upload any content, posts or submissions where:
- you do not have the right to do so or have permission from the rights holder;
- doing so would be illegal or infringe another person's rights (for example, if doing so would breach someone's right to privacy); and
- you do not have the right or permission to grant the licenses described in this section.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
Please also note the following in relation to your content, posts and/or submissions:
- we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site;
- we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below;
- the views expressed by other users on our site do not represent our views or values; and
- you are solely responsible for securing and backing up your content.
When using an Interactive Service or otherwise providing or uploading content, posts or submissions to our Websites (referred to as "contributions" below for ease), you must comply with the following standards:
Your contributions must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- not be provided because you are sponsored, funded and/or paid by a third party or in return for any reward or incentive.
- comply with the laws of the country from which they are posted and the laws of the country where the Websites are hosted.
Your contributions must not:
- contain any material which is defamatory of any person.
- contain any material which is obscene, offensive, hateful or inflammatory.
- promote or include sexually explicit material.
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- infringe any copyright, database right or trade mark of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity.
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- be likely to harass, upset, embarrass, alarm or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or entity.
- give the impression that they emanate from us, if this is not the case.
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- be otherwise objectionable or restrict or inhibit any other person from using or enjoying our Websites, or that may expose us or others to any harm or liability of any type.
We reserve the right to take action against you if we find that you are breaching our Acceptable Use Policy.
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PART III. IMPORTANT LEGAL INFORMATIONOur liability to you for breach of these Terms of Use
Nothing in these Terms of Use is intended to exclude or limit our liability for property damage, death or personal injury caused by our negligence, for fraudulent misrepresentation, gross negligence or for any other liability that cannot be excluded or limited by law.
Although we do our best to provide informative Websites that you'll enjoy browsing, unless where we have expressly set out to the contrary in these Terms of Use, the Websites are made available to you on an "as is" basis. This means that we do not accept any liability to you in respect of it (subject to the rest of this section). It is therefore your responsibility, not ours, to ensure that the Websites are suitable for your intended purposes when you use it.
We accept no liability as to the suitability or fitness of the Websites in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, terms, conditions, undertakings, promises or guarantees (referred to as "promises" in this section) including:
- that access to the Websites will be available, timely, uninterrupted or error-free;
- that the Websites or the computer server from which the Websites are made available, are free of viruses or other harmful components; and
- to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Websites or otherwise made available in connection with the Websites.
We will not be liable to you for any loss or damage caused by events beyond our reasonable control, such as a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or on any website linked to our Websites.
Finally, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
Please note that, in some cases, there are some implied promises which we legally cannot exclude. To find out more about these and to seek advice about your legal rights, please note that this is available from your local consumer rights advisory service.
Our intellectual property rightsThe intellectual property rights in the Websites and copyright in all material stored, displayed and accessible on the Websites is either owned by us or licensed by third parties (which we'll refer to as "Content" throughout this section for ease). All such rights in our Content are reserved by us or our licensors and protected by copyright laws and treaties around the world.
You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Websites, without our express prior written consent.
In spite of this, you may view, use, download, and print selected portions of the Websites solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact and do not obscure or remove any copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
Other terms and conditionsAlthough you've probably noticed already, these Terms of Use only apply to your use of the Websites and not our contract with you for any products you've bought from us. For the latest version of these Terms of Sale, please click here although it is important to remember that the terms that govern any purchase from us will be those which were in force at the time of the relevant purchase. In addition to the Terms of Sale, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms of Use, the additional terms will govern with respect to your access to or use of the applicable feature, product or service.
MiscellaneousWe may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect your rights or our obligations under these Terms of Use.
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, or that you do not have to comply with those obligations. If we do waive a default or breach of these Terms of Use by you, we will only do so in writing.
FOR CUSTOMERS IN THE UNITED STATES, THE FOLLOWING SECTION APPLIES TO YOUR ACCESS AND USE OF OUR WEBSITES:Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive both of our rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or the Websites resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or the Websites will be resolved through confidential binding arbitration held in Multnomah County, Oregon in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms of Use or our Websites is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms of Use or the Websites must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to legal@fuerstgroup.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following paragraph.
These Terms of Use and your access to and use of the Websites, including any dispute or claim arising out of or in connection with these Terms of Use or the Websites (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Oregon law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Multnomah County, Oregon.
FOR CUSTOMERS IN THE EUROPEAN ECONOMIC AREA, THE FOLLOWING SECTION APPLIES TO YOUR ACCESS AND USE OF OUR WEBSITES:If you are a consumer and a resident of any country in the European Economic Area where we directly sell any of our products, you agree that these Terms of Use and your access to and use of the Websites shall be governed by the law of your country of residence without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and we both agree to submit to the non-exclusive jurisdiction of the courts in the country of your residence.
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PART IV. REPEAT INFRINGER POLICY; HOW TO CONTACT US
We have a policy of limiting access to our Websites and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that your copyright (or other intellectual property rights) has been infringed on the Websites or that there is any content which you believe is illegal or infringes your or a third party's rights, you may contact us and notify our Designated Agent as follows:
Attention Designated Agent: Corporate Counsel
Address: 515 NW 13th Ave., Portland, Oregon 97209
Telephone Number: 866-226-2470
E-Mail Address: legal@fuerstgroup.com
For customers in the United States, please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to us for certain costs and damages.
If you have any other questions or complaints regarding these Terms of Use or the Websites, please contact us at support@chromeindustries.com.
Copyright © 2019 Chrome Industries, Inc. All rights reserved. Chrome and the Chrome logo are registered trademarks of Chrome Industries, Inc.
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PART I. ABOUT THESE TERMS
Please read the following Terms of Sale (“Terms”) carefully prior to making an online purchase from this Website. By purchasing products from or through our Website, you agree to be bound these Terms, in addition to our Terms of Use click here, which is incorporated by reference. In the event of any conflict between these Terms and the Terms of Use, or other agreements you may have with us, these Terms will control with respect to your purchase through our Website.
What these terms cover. These are the terms and conditions which apply to your order for our products made through our website (your "Order"). These terms set out your rights and obligations in relation to the Order as well as some important legal information including what we are liable to you for.
What these terms don't cover. These Terms do not cover the purchasing of gift cards or the terms of our loyalty programs. For information about the purchasing of gift cards (including any related terms and conditions) please follow this link. Information about any loyalty plans we are currently running is available on our homepage.
Why you should read them. Please read these terms carefully before you place an Order. These Terms tell you who we are, what our obligations are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss this.
Who we are. Due to the way we structure our business, there are a number of different entities who sell our products to you depending on which webstore you're using. Please see our “Contact Us” page on our website for confirmation of the entity name, address and company details for the exact entity you are being sold products by and entering into a contract with under these Terms (referred to as "we" or "us" throughout these Terms).
How to contact us. Please see our "Contact Us" page on our Website for details of how to get in touch with us.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
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PART II. Our Contract with you
How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a binding legal contract will come into existence between you and us. This usually takes place when (or shortly before) your order is dispatched, but will be earlier when you purchase customized or personalized products from us. For customized or personalized products acceptance will take place when we email you confirmation that your order is being processed; it is important to note this as this will affect any right you may have to cancel your Order.
If we are unable to accept all or part of your Order, we will inform you of this. This might be because:
- (a) the product is out of stock;
- (b) you have pre-ordered a product which we have subsequently decided to not stock or manufacture;
- (c) there are unexpected limits on our resources which we could not reasonably plan for;
- (d) you are purchasing products from one of our Pro Sites and:
- i. we reasonably suspect that you are not employed by one of our eligible partners;
- ii. You are entitle to Pro Site discount for one region but are purchasing goods from another region (e.g. Pro Site entitlement for Japan cannot be applied in an EU region); or
- iii. otherwise that the information that you've provided us about your employment is not correct;
- (e) we reasonably believe fraudulent activity is being carried out using your details or under your account; and/or
- (f) we have identified an error in the price or description of the product.
These terms are important. Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate and submit your Order. If you think that there is a mistake or require any changes, please call us to discuss. We generally aim to confirm any changes in writing to avoid any confusion as to what your updated Order is.
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you place an Order with us, the Terms in force at the time of your Order will apply to the contract between you and us.
We can make changes to these Terms as they apply to your Order. We may only do so where there are changes in relevant laws and regulatory requirements, however.
If we have to make any material changes to these Terms, as they apply to your Order, we will give you notice. In such situations we will give you reasonable written notice of any changes to these Terms before they take effect. If you are not happy with the changes you may cancel either in respect of all the affected products or just the products you have yet to receive which form part of your Order. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
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PART III. Your Order: Cancellations, Warranty, Availability
You may cancel an Order before it is accepted by us. You can cancel your Order by calling us on the number here 866-226-2470 for the appropriate customer services team.
There is a process that you should follow if there is a problem with your Order. If there is a problem with any part of your Order:
- (a) please contact us and tell us as soon as reasonably possible;
- (b) please give us a reasonable opportunity to fix it;
- (c) we will use every effort to repair or fix the defect as soon as reasonably practicable; and
- (d) you will not have to pay extra for us rectifying any mistakes or problems with your Order under this section if they have been caused by us.
You are also entitled to certain rights of refund or return under Part V below.
Most of our products are covered by our warranty. Please see here for more information on what our limited warranty covers and what rights it gives you. Warranty
Images on our website may be different to products contained within your Order. Images of any products shown on our website are for illustrative purposes only. The contents of your Order may vary very slightly from those images but will always be as they are described on the relevant product page. The packaging of our products may vary from that shown on images on our website.
As a consumer, you have legal rights in relation your Order. We are under a legal duty to supply products that are in conformity your contract with us and nothing in these Terms will affect your legal rights. Depending on your jurisdiction, may have additional rights if your Order is unsatisfactory. For example, you may be entitled to get a repair or replacement for faulty or misdescribed goods during a certain number of days from your date of purchase. A local consumer advice organization will be able to advise you of your rights.
We will provide you with an estimated delivery date during the order process. We may not deliver our products to certain jurisdictions so please see this page for more information on any current delivery restrictions. The costs of delivery will be as displayed to you on our website during the order process. Generally, shipping is handled by a third party courier. All Orders placed with us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Order passes to you upon our delivery of the Order to the third party courier.
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PART IV. Payment
Customers Located Outside of the U.S.: Our prices do not include VAT/sales tax or customs duties. You are responsible for paying any such taxes, duties or other similar fees.
Customers Located in the U.S.: We will collect applicable sales tax on Order shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we reserve the right to reject the order, or we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you as part of your Order.
You will not be charged for your order before we dispatch your order. Our accepted methods of payment will be shown on the order page during the order process. Please be aware that accepted payment methods may vary country by country and are subject to review and removal by our third party partners. Unless you have purchased customized or personalized products, we will not charge your credit or debit card until we dispatch the products to you. We also reserve the right to instead charge part of the payment upon dispatch and then the balance of the payment upon or after delivery. We will charge you for customized or personalized products following acceptance of your Order (see section "How we will accept your order" above). By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so by logging into your account and editing your payment information.
Shipping and handling. You agree to pay any shipping and handling charges shown at the time you place your Order. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.
We use a third party to process our payment. We currently use the following third party payment providers to provide secure payment services in relation to any transactions entered into using our online checkout depending on which website you are purchasing from:
- (a) Apple Pay;
- (b) Klarna;
- (c) Ingenico;
- (d) PayPal;
- (e) GMO;
- (f) COD; and
- (g) IDeal.
These payment providers may change over time, however.
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PART V. Refunds and Cancellation
You have the right to return products to us within 30 days of you receiving them for any reasons (subject to some restrictions and conditions of course). Unless one of the exceptions listed below applies, you may cancel your purchase without giving any reason within 30 days from the date on which you receive the product (or for a purchase of multiple products, the day on which you received the last product). Please see our Returns page for how to return products to us or any enhanced rights you may enjoy which apply based on your country of residence.
Our 30 day return right does not apply in all circumstances. It will not apply in the following situations:
- (a) after delivery, you unseal sealed products which are unsuitable for return due to health protection or hygienic reasons;
- (b) after delivery, you unseal sealed products containing software programs or audio or video recordings (such as DVDs and CDs);
- (c) the products are customized/personalised; and/or
- (d) the products purchased are liable to deteriorate or expire rapidly.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you have returned the products to us because they are faulty or mis-described, we will refund the price of the applicable product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
Deductions from refunds if you are exercising your 30 day right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you within reasonable time and in accordance with the timings set out on our Returns page.
We also have rights to cancel in certain situations. We may have to cancel an Order before it is delivered to you due to an Event Outside Our Control (see "Events Outside of Our Control" below) or if specific terms are disclosed to you at the time of Order if you are ordering from our Pro Sites. If this happens:
(a) we will promptly contact you to let you know; and
(b) if you have made any payment in advance for the Order and the Order has not been provided to you, we will refund these amounts to you.
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PART VI. Obligations and restrictions
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these terms that is caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond Our reasonable control. Some examples of this include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
We will keep you informed if an Event Outside of Our Control takes place which effects your Order. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) unless we cancel your Order (see "We also have rights to cancel in certain situations" above) our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
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PART VII. Other important information
Our websites are controlled, operated, and administered by us from regional hubs. As such, we are subject to a range of export and trade restrictions and we reserve the right to restrict sale of our products to only countries which are not subject to sanctions or export controls applicable to the relevant region from which you are supplied without liability to you. We further reserve the right to refuse to accept an Order from you in the event that you become the target of export control laws and regulations or trade sanctions of any particular region from which we operate including the European Union and the United States of America (for example, your identification as a Specially Designated National by the United States of America Department of the Treasury or as a Designated Person by the United Kingdom Her Majesty's Treasury). You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any jurisdiction where the provision of our services is prohibited by law; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. Any right and licenses granted may not be transferred or assigned by you without our prior written consent.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
FOR CUSTOMERS IN THE UNITED STATES, THE FOLLOWING SECTION APPLIES TO YOU:
Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive both of our rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Multnomah County, Oregon in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to legal@fuerstgroup.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following paragraph.
These Terms, including any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Oregon law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Multnomah County, Oregon.
FOR CUSTOMERS IN THE EUROPEAN ECONOMIC AREA, THE FOLLOWING SECTION APPLIES TO YOU:Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer and a resident of any country in the European Economic Area where we directly sell any of our products, you agree that these Terms shall be governed by the law of your country of residence without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and we both agree to submit to the non-exclusive jurisdiction of the courts in the country of your residence.
Copyright © 2019 Chrome Industries, Inc. All rights reserved. Chrome and the Chrome logo are registered trademarks of Chrome Industries, Inc.