Terms of Service

Welcome to our website. If you continue to browse and use this website or any of its associated subpages or any other domains or webpages owned or operated by FeelThere (the “Company”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy below govern the Company’s relationship with you in relation to this website. If you do not wish to be bound by the terms and conditions provided here, you may not use our website.

 

The term ‘FeelThere’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use:

 

The content of the pages of this website is for your general information and use only. It is subject to change without notice. All representations on this website are subject to the terms and conditions of any purchase as invoiced or charged at the point of checkout.

 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly disclaim liability for any such inaccuracies or errors to the fullest extent permitted by law. THESE TERMS AND CONDITIONS CONTAIN A DISCLAIMER OF ANY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

Your use of this website and any dispute arising out of such use of the website is subject to the laws of California, USA.

 

PRIVACY

 

We respect your privacy, and will keep all your information private, except what could occur under the following:

 

If your information is requested as part of a valid law enforcement agency request.

If your information has been associated with fraudulent activity, and releasing your information to third parties is required as part of legal proceedings or investigations.

If you specifically opt-in to events where it is noted in advance that certain information may be made public, such as contests where we list the winners.

If you purchase a non-FeelThere product from a vendor that uses our e-commerce services. Some information is shared with vendors that use our e-commerce system to sell their products. This is required so they can service your order. Please check with the vendor for their individual privacy policy. However, the data FeelThere retains in this situation is still fully covered under our privacy policy.

Please note that information you make publicly available via one of our Internet discussion forums is beyond our control, and can’t be considered private.

 

GDPR COMPLIANCE NOTICE

 

NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM

 

This notice is intended to provide you with information about how the Company collects, uses, and distributes information that we collect from you. Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and the Company, except that to the extent any such terms and conditions are inconsistent with the General Data Privacy Regulations of the European Union and the equivalent rules of the United Kingdom and any other applicable jurisdiction (altogether, the “GDPR”) those terms and conditions are VOID.

 

Nothing in this GDPR COMPLIANCE NOTICE SECTION shall apply to any person not subject to the jurisdiction of any member nation of the European Union or of the United Kingdom.

 

The Company collects certain information from and about you. This notice will explain what this information is, how it is used, what third parties receive it, and how you may instruct the Company not to collect, retain, or use certain of that information, and how to instruct us to delete this information from the Company’s own records. Please see below for: What Personal Information We Collect From You, What Non-Personal Information We Collect About You, a List of Third Parties Who Receive Information You Provide Us With Their Contact Information, and Instructions For Exercising Your Right To Instruct Us To Forget Your Information.

 

  • What Personal Information We Collect from You.

    • Any information that you enter into any text field on any wepbage on this or any associated webpage will be collected by the Company for internal use except where noted otherwise in this notice.

    • The Company uses Facebook and Google for advertisement. Pursuant to the normal operating procedures of Facebook and Google, our advertisements may be based upon data used or supplied by those companies, which may or may not include your information depending on your usage of and agreements with Facebook and Google. Facebook and Google are not third parties for purposes of this section; the Company does not transmit personal information of any person to Facebook or Google, though it may make use of information provided to the Company by those companies.

    • The Company will use your email address to send out regular newsletters and other contacts through its email marketing platforms, MailChimp and Constant Contact (the “Contact Tools”). The Company does not send unsolicited emails through the Contact Tools; to the extent that you have provided the Company with your email address, you agree that you wish to receive emails from the Company unless you opt out either through a link available in such emails or by contacting us directly.

    • Your payment information is collected by our payment platform, BMT Micro, in an encrypted form and is passed on to the Company’s merchant services provider, BMT Micro (the “Merchant Services Provider”), for purposes of securing payment between yourself and the Company. The Company does not collect payment information from you except to the extent that the Company forwards your “BUY” request directly to BMT Micro with neither the ability nor the intent to intercept or collect any such payment data. The Merchant Services Provider only receives information necessary to verify that any payments between yourself and the Company are authorized. The Merchant Services Provider will use encrypted tools to communicate with your bank, your credit card provider, PayPal, or whatever other account you use to pay for orders to the Company. Your credit card information or other payment information is not retained by the Company except as provided below. The Company does not maintain records of your credit card number or other payment information The Merchant Services Provider is the merchant of record of the Company. The Company will also receive information from its Merchant Services Provider such as the fact that an order was placed, the amount paid, and the amount actually received. This information is “pseudonymous” within the meaning of the GDPR, meaning that the Company cannot identify a specific person by that information.The Merchant Services Provider is a third party for purposes of the GDPR.

    • The Company uses “cookies.” Cookies are small files that are you communicated to your web browser so that the Website can remember the selections and inputs you have made from one webpage to another within the Website. For example, if you select products for an order and then proceed to checkout, the Website will use a cookie to ensure that information from catalog webpages is accurately received by the checkout webpage. If you do not wish to receive cookies from the Website, please contact us at the information below and discontinue using the Website.Cookies are provided by Bluehost, and are also installed from time to time by Google and by Facebook, our web support tools and other partners (Bluehost called herein the “Web Host”). The Web Host is a third party for purposes of the GDPR. Facebook and Google use cookies for advertising and retargeting.The Company will use cookies through Facebook in order for Facebook to understand our users’ on-site behavior. The Company will also use cookies through Google and Google’s analytics and marketing tools at the point that you place a product in your shopping cart. Google will know and retain this information for purposes of its own advertising.Other digital support is provided by ZenDesk (the “Support Platform”). ZenDesk does not collect any information from you unless a technical support record is made, at which time ZenDesk will receive and become aware of any information that you send to ZenDesk according to their own protocol. This will include your email address. The Company does not send personal information to ZenDesk.

  • What Non-Personal Information We Collect About You

    • The Company collects certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you.

    • The Website will collect information about your location based on your IP address. An IP address is a non-static identifier that allows the Company to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address.The Company uses your IP address for internal purposes such as knowing which countries provide certain percentages of its users. The Company does not verify your IP address or connect it to your shipping or billing address for purposes of checkout. Your IP is not and cannot be used by the Company to identify you personally. The Web Host will also know your IP address for purposes of logging visits to the Website from your IP address and for preventing distributed denial-of-service attacks, which are disruptive attacks on websites caused by very large numbers (hundreds of thousands or more) of near-simultaneous visits to the Website.

    • The Company collects information such as the number of users visiting the website at any given time, the times during which visitors visit the Website, the length of time that users use the website, which pages they visit, which products they order, and what other actions they take while on the website. This information is collected by the Website and is provided in an anonymized form to the Company’s data analytics provider, which is Google Analytics (the “Data Analytics Provider”). This information is used by the Company to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Website’s users. This information is not and cannot be used to identify you specifically.The Data Analytics Provider is a third party for purposes of the GDPR.

  • List of Third Parties Who Receive Information You Provide Us With Their Contact Information

 

    • The Contact Information for the Merchant Services Provider is:
      BMT Micro
      BMT Micro
      P.O. Box 15016
      Wilmington, NC 28408
      USA
      1-800-414-4268

    • The Contact Information for the Web Host is:
      +1 801 765 9400
      https://www.bluehost.com/contact

  • Instructions For Exercising Your Right To Instruct Us To Forget Your Information

    • The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that the Company, the Website, or any of the third parties collects about you. Please contact us with our contact form at www.feelthere.zendesk.comin order to instruct us to forget any or all of the information that the Company, the Website, or any of the third parties collects about you.

 

DISCLAIMER

 

FeelThere reserves the right to edit or remove content as it deems necessary. We may change terms of this agreement without prior notice.

2019 FeelThere, Inc.
Terms of Service Privacy Policy

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