Your Consent and Use of the Website and Services
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time, with or without notice to you, at our sole discretion. All changes are effective immediately when we post them. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website or Services, or remove any material you have posted if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, EFP undertakes no obligation to police, supervise or monitor materials posted to the Website by you or other third parties.
Accessing the Website and Account Security
Access to and use of the Website and Services is limited to persons over the age of thirteen (13). The Website is not directed to persons under 13 years old. The policy of EFP, as the operator of the Website, is NOT to knowingly collect any personal information from persons under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Website without providing any information about yourself. Any access to or use of the Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Services and this Agreement. By using the Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and 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 the Website or portions of it using your username, 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. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement.
The owner of the Website is based in the State of California in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or Services are accessible or appropriate outside of the United States. Those who choose to access the Website or Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
EFP imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EFP in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm EFP or users of the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
Website Contents and Intellectual Property Rights
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials, contents, features and functionality that are part of the Website or Services (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Content”) are copyrights, trademarks, trade dress, patents or other intellectual properties owned, controlled or licensed by EFP or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Content of the Website is granted to you under any circumstances and EFP reserves and retains all intellectual property rights in and to the Content, Website and Services.
This Agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Website or Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- 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.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any Content from the Website or Services.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from the Website or Services.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content, Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website and Content without EFP’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
EFP’s name, logo, registered and unregistered trademarks and all related names, logos, product and service names, designs and slogans are trademarks of EFP or its affiliates or licensors. You must not use such marks without the prior written permission of EFP. All other names, logos, product and service names, designs and slogans on the Website and Services are the trademarks of their respective owners. No license to, or right in, any such trademarks, logos, product and service names, designs and slogans, or any other proprietary rights of EFP and/or other parties is granted to or conferred upon you.
Linking to the Website and Social Media Features
You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; however, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third party websites to certain Content on the Website.
- Send emails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of the Content on the Website to be displayed or appear to be displayed on your own or certain third party websites.
You must use these features solely as they are provided by us with the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the Content on the Website that is inconsistent with any other provision of this Agreement.
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. We may disable all or any social media features or any links at any time without notice at our discretion.
Reliance on Information Posted
The information presented on or through the Website or Services 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.
The Website may include content provided by third parties, including materials provided by other users, reviewers, influencers, bloggers and third party licensors, syndicators, aggregators and/or reporting services. Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on or through the Website or Services, but not directly by us, are those of their respective authors, do not necessarily reflect the opinions of EFP, and should not necessarily be relied upon. Such authors are solely responsible for such content.
By way of example, any recommended or suggested use of products or services available from EFP that is posted by a third party is not a sign of approval or recommendation by EFP. If you choose to follow any such recommendation, you do so at your own risk. EFP is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website are free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data. WE ARE NOT 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 THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL USE OF THE WEBSITE AND SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, FEATURES OR SERVICES CONTAINED AT, PROVIDED THROUGH OR PURCHASED FROM THE WEBSITE OR SERVICES, AND ANY FUNCTIONALITY, SOFTWARE OR PROGRAMMING CONTAINED AT OR PROVIDED THROUGH THE WEBSITE OR SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that (A) Operation of the Website and Services will be continuous, TIMELY, uninterrupted, secure, or that the Website or its server are free of ERRORS, viruses or other harmful effects; (b) the Website AND Services will meet your requirements or expectations; (c) the results that may be obtained from use of the Website or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from the Website or Services will meet your expectations or be free from mistakes, errors or defects. YOUR USE OF THE WEBSITE AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at the Website OR SERVICES. Likewise, EFP does not warrant the accuracy of ANY third party content contained within or referred to at the Website OR SERVICES, including any links to third party Websites. EFP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL EFP OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY CONTENT ON THE WEBSITE OR SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF EFP FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO EFP FOR USE OF THE WEBSITE OR SERVICES.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS of the Website OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE EFP AND ITS AGENTS, DIRECTORS, shareholders, MEMBERS, PARTNERS, MANAGERS, officers, employees, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, vendors, ATTORNEYS and affiliates (collectively, the “released Parties”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND/or SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
You further agree to indemnify, defend and hold harmless, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of OR IN CONNECTION WITH your use, unlawful use or other misuse, or inability to use the Website or Services, your breach of this Agreement, OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of the Website or Services including, but not limited to, any transactions made or entered into at the Website, any information, Content, products, services or promotions contained at or provided through the Website or Services, or any functionality, software or programming contained at or provided through the Website or Services (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO CLAIMS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using the Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.
Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of the Website or Services, you may be able to post content on the Website, Services or EFP’s social media pages or accounts, including, without limitation, by providing testimonials or reviews, leaving comments, uploading videos or photos, participating in message boards, bulletin boards, chat rooms or other forums, etc. You are solely responsible for the content you publish, display, or post on the Website, Services, and/or on social media platforms or third party sites, or transmit or display to other users. However, EFP reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, discriminatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to EFP in its sole discretion. EFP reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website or Services, in its sole discretion, without notice. If at any time EFP chooses, in its sole discretion, to monitor the content, EFP nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that EFP shall under no circumstances be held liable on account of any action it takes, in good faith, to remove or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Your submission of such information and material shall further constitute an assignment to EFP of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Website, Services or EFP’s social media pages or accounts, you automatically represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website or Services, you represent, warrant, and agree that any such Posted Content:
- is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory or otherwise in violation of any law or right of any third party;
- is not false, inaccurate, deceptive, misleading, or fraudulent;
- does not promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;
- does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination or false advertising);
- does not contain personal identifying information of any person other than you;
- does not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- does not impersonate any person or misrepresent your identity or affiliation with any person or organization;
- does not involve unauthorized commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising;
- does not give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
- does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Website or any system, or intended to send unsolicited e-mail including, without limitation, promotions, or advertisements for products or services; and
- shall become and be the property of EFP with the full and unrestricted right of EFP to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Copyright/ DMCA Notice and Procedure
If you believe that your work was copied or posted on the Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.
Your notification must include the following information:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EFP to locate the material.
(D) Information reasonably sufficient to permit EFP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note, however, that if you posted any materials on the Website, by submitting, posting or displaying your content on the Website, you grant EFP and its end users a worldwide, royalty-free, non-exclusive license as specified in this Agreement.
Only DMCA notices should go to the EFP Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.
Upon receipt of the written notification containing the information as outlined above:
(A) EFP shall remove or disable access to the material that is alleged to be infringing.
(B) EFP shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
(C) EFP shall take reasonable steps to notify the User that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to EFP’s designated Copyright Agent that includes substantially the following:
(A) A physical or electronic signature of the User.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which EFP is located, and that the User will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
(A) EFP shall promptly provide you with a copy of the counter notification, and inform you that EFP will replace the removed material or cease disabling access to it in 10 business days; and
(B) EFP shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless EFP’s designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the Website.
EFP may, in appropriate circumstances, terminate an account holder or user of the Website or Services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact EFP’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
Termination and Denial of Access
This Agreement is effective unless and until terminated by EFP. If, in EFP’s sole discretion, you fail to comply with any term or provision of this Agreement, EFP may terminate your access to or use of the Website or Services. In the event of termination or denial of access by EFP, you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links
The Website may include links to other Internet sites maintained by third parties including links contained in advertisements such as banner advertisements and sponsored links (“Linked Sites”). EFP provides Linked Sites to you solely as a convenience and the inclusion of Linked Sites does not imply endorsement by EFP of the Linked Sites. You access Linked Sites at your own risk and subject to the terms and conditions of use for such sites. Linked Sites are not under the control of EFP and EFP accepts no responsibility for the Linked Sites or for any loss or damage that may arise from your use of any Linked Sites.
Modifications to the Website or Services
EFP reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that EFP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
Professional Advice Disclaimer
Any information we provide to you via the Website and Services, including descriptions of products, programs, services, events, etc., is for informational purposes only. Use of the Website and Services is not meant to serve as a substitute for professional, medical or legal advice. When appropriate, you should seek independent professional advice.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between EFP and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between EFP and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Your Comments and Concerns
If you have any feedback, comments, requests for technical support, complaints or concerns regarding the Website or Services, please contact us at email@example.com. You may also send us mail at: Venus Laboratories Inc., DBA Earth Friendly Products, 11150 Hope St. Cypress, CA 90630. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
Last Updated: 12/13/2019
In this Policy, “personal information” means any information by which you can be identified or contacted, such as your name (first and last), mailing, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.
This Policy applies to information we collect on this Website; in email, text and other electronic messages between you and this Website; through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; and when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Policy. It does not apply to information collected by EFP offline or through any other means, including on any other website operated by EFP or any third party, nor does it apply to any third party application or content (including advertising) that may link to or be accessible from or on the Website or Services.
U.S. Governing Law
If you are located outside of the United States, you use the Website and Services at your own risk and initiative, and you are solely responsible for compliance with any applicable local, national and international laws. By using the Website, Services and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location, and (c) understand that we will collect, transfer, store, process, manage and/or handle your information in accordance with this Policy and U.S. law. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations of any other country or jurisdiction.
Children Under the Age of 13
The Website and Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or Services, make any purchases through the Website, use any of the interactive or public comment features of the Website or Services, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Information We Collect About You and How We Collect It
User-Provided Information: You may be required to provide personal information to access or use certain parts of the Website or Services including, without limitation, when you subscribe to a newsletter or email list, fill out a form or survey, place an order or make a purchase, participate in any of our programs, special events, contests or promotions, submit an employment application, contact us with a comment, testimonial, question or complaint, report a problem with the Website or Services, etc. If you do not provide the requested personal information, you may not be able to access or use the features of the Website or Service where such information is requested.
Depending upon the nature of the transaction, the personal information collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, email address, fax number, date of birth, age, gender, occupation, marital status, employment history, interests, purchase history, payment card information, or other demographic information.
Third Parties: We may also collect personal information about you from other third parties, such as demographic firms, to make our future products, services and marketing efforts more efficient and personalized for you. We may combine all information that you provide to us or we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.
Cookies Information: When you visit the Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website. A cookie does not collect personal information about you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website or Services may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP addresses or other device identifiers, browser information, Internet Service Provider (“ISP”), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Website or Services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Website better for our users.
How We Use Your Information
EFP uses information that is collected from Website visitors and customers to, among other things, better serve customers, improve the content of the Website and Services, and customize the shopping experience for Website visitors and customers. Specifically, we use information that we collect about you or that you provide to us, including any personal information:
- To provide the products, services, features, programs, content and information you request.
- To contact you regarding products, services, programs, promotions or special events we believe may be of interest to you.
- To operate, maintain, and provide to you the best possible features, products, services, content and functionality of the Website and Services, and overall customer experience.
- To analyze visits to the Website and learn about the interests, preferences, demographics and behaviors of our visitors in aggregate (e.g., across the country) and also on a personal level, so we can improve our products, services and programs and deliver to you the type of content, features, products, services, programs and promotions that you are most interested in.
- To process registration requests when you register for our programs, services or promotions, or otherwise administer your participation in our programs, services or promotions.
- To respond to your questions, requests, comments or complaints, and determine your satisfaction with our products, programs and services.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to the Website or Services or provide you with notices about your account, including expiration and renewal notices.
- To compare and review your personal information for errors, omissions and accuracy.
- To prevent, detect or investigate any fraudulent, abusive or illegal act.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We also use your personal information for our everyday business purposes such as security, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.
EFP may develop special sites or administer promotions in cooperation with other companies. If you register at these “co-branded” sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.
User Content: Any personal information or content you voluntarily disclose for posting to the Website or Services (for instance, any content you post) (referred to herein as “User Content”) becomes available to the public via the Website and our business partners. User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
EFP may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Website and Services are used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
How We Share Your Information
Personally Identifiable Information: In certain circumstances, we may share your personal information with our trusted partners.
- EFP Family: EFP may share personal information described in this Policy within the EFP Family. The EFP Family includes EFP Incorporated and our web shopping site affiliate. Any use of this information by the EFP Family will comply with this Policy.
- Third Party Service Providers: We may disclose potentially personally identifying and personally identifying information to our employees, contractors (including website operators), affiliated organizations, service providers, promotional partners and other third parties that provide support services to us such as webhosting, web analytics (including analysis of online activity over time and across websites), technical support, mailing, emailing, shipping, marketing and administrating our services, programs, events, operations and promotions, fulfilling your orders and requests, or processing any other information on our behalf to provide services available at or through the Website and Services. We may store personal information in locations outside the direct control of EFP (for instance, on servers or databases co-located with hosting providers). These service providers only receive personal information if such information is needed to perform their function(s), and they are not authorized to use any personal information for any purpose(s) other than the purpose(s) set forth by EFP.
- Special Events, Promotions and Partnerships with Third Parties: From time to time, we may join with third parties to provide specific products, services, programs, special events or promotions (such as surveys, contests or sweepstakes). If you choose to sign up for or participate in such services, programs, special events or promotions, EFP may share your personal information with third party partners. We will share only the information that is necessary for the third parties to provide these services or programs or otherwise participate in or administer the applicable event or promotion.
- Business Transfer: As we develop our business, we may buy or sell assets or business offerings. User, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
We fully cooperate with law enforcement agencies in identifying those who use the Website or Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain services. We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction.
How We Protect Your Information
EFP uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. The Website is also certified by Geotrust, which verifies that the Website is authentic and that all transactions are secured by Secure Socket Layer (SSL) encryption.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The security of your personal information is important to us, but please remembers that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to EFP or the Website or Services, and you do so at your own risk. Once we receive your transmission of information, EFP makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, EFP will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
Links to Other Websites and Social Media
We are not responsible for the practices employed by websites linked to or from the Website nor the information or content contained therein, and we make no warranty, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that any such site or content is devoid of viruses or other contamination. EFP may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by EFP of any of the linked sites. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to EFP. We further reserve the right to terminate a link to a third party site at any time.
We sometimes use content on the Website or Services that we obtain from third party sites or social media platforms such as Facebook, Instagram, YouTube, Twitter, LinkedIn and Pinterest. The privacy protections provided on these third party sites and social media platforms are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to EFP or our Services on third party sites or social media platforms that share information with the general public, user community, and/or other third party sites, it may be used or shared by us on the Website or our social media pages and accounts to promote our products and services. Consequently, you should review the privacy policies of these third party sites before using them and ensure that you understand how your content may be used. We may also have “plug-ins” (such as the Facebook “Like” button) to third party sites or offer login (such as log in with Facebook) through a third party account. Third party plugins and login features, including their loading, operation and use, are governed by the privacy notice and terms of the third party providing them.
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by EFP in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.
Your Choices, Opting Out and Reviewing or Making Changes to Your Information
By providing EFP your email address, you consent to our use of your email address to send you Website and service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages including, but not limited to, newsletters, payment information, credit card update notifications, account status, legal updates, changes to features of the Website or Services, product updates, special offers or promotions, or other account information.
If you do not want to receive such email messages, you may opt out by: (1) following the unsubscribe instructions in any of our promotional emails; or (2) sending a written request to email@example.com. Opting out may prevent you from receiving email messages regarding product updates, improvements, special events, programs, promotions or offers. You may not opt out of service related emails, including information provided to or from EFP regarding a product purchase, warranty registration, product service experience or other transaction. Opting out does not affect our communications with you via telephone or email related to any ongoing transactions with us nor does it affect our use of your non-personally identifiable information as described in this Policy.
NOTE: Please allow up to ten (10) business days for us to process your opt out request. We may continue to send you transactional or operational communications.
You can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to firstname.lastname@example.org. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements or as otherwise described in this Policy. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the Privacy Notice for California Residents.
California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
If you have any questions about this Policy, the practices of the Website, your dealings with the Website, or wish to update us with your preferences, you may contact us at:
Venus Laboratories Inc., DBA Earth Friendly Products, 11150 Hope St. Cypress, CA 90630 or email@example.com or via our toll-free number: +1.800.335.ECOS (3267).
California Consumer Privacy Act
Privacy Notice for California Residents
Effective Date: 12/04/2019
Last Reviewed on: 12/04/2019
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last (12) months.
Category A: Identifiers.
Examples: A real name, IP address, email address, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Category G: Geolocation data.
Examples: Physical location or movements.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from government records;
- Deidentified or aggregated consumer information; or
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete on our website or that you provide to us.
- Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
Use of Personal Information
- To fulfil or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
EFP will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
EFP may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, EFP has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Disclosure of your personal information for a business purpose is limited to the following categories of third parties:
- Service Providers.
Sale of Personal Information
In the preceding twelve (12) months, EFP has not sold any categories of personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that EFP disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- the categories of personal information we collected about you;
- the categories of sources for the personal information we collected about you;
- our business or commercial purpose for collecting or selling that personal information;
- the categories of third parties with whom we share that personal information;
- the specific pieces of personal information we collected about you (also called a data portability request); and
- if we sold or disclosed your personal information for a business purpose, two separate lists disclosing;
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that EFP delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 800-335-ECOS; or
- Emailing us at firstname.lastname@example.org.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at email@example.com.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing us at firstname.lastname@example.org.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination and Financial Incentives
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- deny you goods or services;
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- provide you a different level or quality of goods or services; or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at our postal address listed below.
Changes to Our Privacy Notice
EFP reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which EFP collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Postal Address: Earth Friendly Products
Attn: Legal Department
11150 Hope St
Cypress, CA 90630
What is a cookie?
A cookie is a small data file that is transferred to your devise (e.g. your phone or your computer.) For example, a cookie could be used to recognize your browser, while another could store your preferences There are many types of cookies, but they fall within the following categories: (1) session cookies and (2) persistent cookies. Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the ECOS.com website.
How you can manage cookies:
In many cases you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. Please note that if you choose to remove or reject cookies or clear local storage this could affect the features, availability, and functionality of our website.
When you visit our websites, cookies are placed on your computer. Cookies are small text files that websites send to your computer or other internet-connected device to uniquely identify your browser or to store information or settings in your browsers. Cookies allow us to recognize you when you return. They also help us provide a customized experience and can enable us to detect certain kinds of fraud.
What type of cookies we use:
Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work. These cookies do not store any personally identifiable information.
Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
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