Affy Tapple, L.L.C. (“Affy Tapple”, “we”, “us” or “our”) is committed to protecting users’ (“you” or “your”) online privacy.
QUESTIONS AND CONTACT INFORMATION
For privacy related questions or requests, to register a complaint, or if you want more information, contact us at email@example.com or by mail at:
6300 Gross Point Rd.
Niles, IL 60714
Affy Tapple server uses 256-bit encryption “one of the safest ways to order online” to securely transmit information from your computer to our system.
You do not need to tell us who you are or offer any personal information in order to view our Website. We may track IP addresses to analyze trends, administer the Website, track online usage and gather broad information. IP addresses are not connected to personally identifiable information.
We use Google Analytics, a web analytics tool provided by Google that helps websites and online services collect and analyze information about how visitors use and interact with their sites and services, and based on information collected and analyzed through Google Analytics websites and online services can measure the performance of and make improvements to their sites and services. Google Analytics uses first-party cookies to track visitor interactions on the Website and to collect information about how visitors use the Website. We use the information collected through Google Analytics to help us understand the demographics, usage patterns and interests, trends, etc. about visitors to the Website. Google Analytics collects and reports usage information anonymously without identifying any particular visitor individually.
We receive and store any information you enter on our Website or give us in any other way. This includes information that can be used to identify you as an individual or to contact you directly (“personal information”). If you place an order or request a catalog, we require you to provide certain personal information on our online order form. This information is mainly used for billing purposes and to fill your orders. If we have trouble processing an order, this contact information is used to get in touch with you.
On occasion, we may share our customer mailing list with select companies that provide goods or services we think might interest you. If you would like to be removed from the list, please e-mail us at firstname.lastname@example.org. Please be sure to include the name and address where we are currently sending our catalog and specifically what type of information you do not want to receive.
You may also receive occasional email communications regarding our Website, special offers or services, new products or newsletters. If you would prefer not to receive these emails, please contact us at email@example.com. Information on how to unsubscribe is also provided with every marketing email. We may send a catalog to you or to a recipient to whom you have sent a gift.
We reserve the right to use or disclose any information as needed to satisfy and comply with any law, regulation or legal request, to protect the integrity of the Website, or to cooperate in any law enforcement investigation or an investigation on a public-safety matter.
We do our best to keep your personal information accurate and up to date, to the extent that you provide us with the information that we need to do that. If your personal information changes (like a new email address), then you’re responsible for notifying us of those changes.
We will retain your personal information for as long as needed to provide you services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed their personal information to a third party in the prior calendar year for that third party’s direct marketing use (i.e., not for use in the business’s own marketing).
SOCIAL MEDIA PLATFORMS
Our Website includes social media features, like a Facebook button for accessing the Affy Tapple Facebook page. These features may collect information about your IP address and which page you’re visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms like Facebook and Twitter. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
AGE OF CONSENT
By using this Website, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Website.
NO COLLECTION OF CHILDREN’S PERSONAL INFORMATION
ONLINE TRACKING / DO NOT TRACK
We do not track our visitors across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your internet browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
WE OPERATE IN THE UNITED STATES
Our servers and offices, and our third-party providers advise us that their servers and offices, are located in the United States, so your information may be transferred to, stored, or processed in the United States. By using the Website, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.
To protect your personal information, we take reasonable precautions to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. Unfortunately, no security system is impenetrable and no data transmission over the Internet can be 100% secure. You understand that electronic communications may be accessed by unauthorized parties when, among other things, communicated across the Internet, network communications facilities, or other electronic means. You agree that we are not responsible for any electronic communication and/or any of your data which may be lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by us. We do not guarantee that your information will not be misused or disclosed to third parties. We will not have any liability to you for any such misuse or disclosure.
TERMS OF SERVICE
By accessing Affy Tapple L.L.C.’s (“Affy Tapple”, “we”, “us” or “our”) website (“Website”) and utilizing our services, users (“you” or “your”) acknowledge that you have read and understand this Terms of Service Agreement.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement"). By accessing or using the Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement.
As we may change this Agreement from time to time, please check back regularly to keep informed of updates.
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current, and complete and (ii) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting, or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Affy Tapple.
In order to access or utilize certain aspects of the Website, you may be required to establish and maintain a valid user account (“User Account”) with us. You may be required to create and maintain a unique user name and password. You are solely responsible for maintaining the confidentiality of information relating to your User Account.
You agree to provide accurate, current and complete information concerning your User Account and to use reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. It is your responsibility to notify us of any changes of your User Account information, including your contact information. As a User Account holder, you are responsible for safeguarding your User Account access information and are responsible for all uses of your user name and password. You understand and agree that you are solely responsible for all activities that occur through your User Account.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes, or for any purpose other than for your own lawful use that complies with this Agreement and all applicable laws;
(ii) access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, or take any action to interfere in any with the operation of the Website, including, without limitation: hacking, mail-bombing, flooding, overloading or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website or any server, network or system associated with the Website; breaching or circumventing firewall, encryption, security, or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) frame, mirror, or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Affy Tapple in connection with the Website or the services;
(viii) falsify User Account registration information, or make unauthorized use of another’s information; or
(ix) upload, post, display, publish or distribute any user content that (a) is offensive, obscene, vulgar, pornographic, violent, fraudulent, false, misleading, defamatory, libelous, hateful, or discriminatory, or (b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or person right.
AFFY TAPPLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE OR ANY PORTION THEREOF FOR ANY PURPOSE. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AFFY TAPPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL SOFTWARE AND CONTENT CONTAINED ON THE WEBSITE; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFY TAPPLE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR EFFOR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE WEBSITE WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A SERVICE PROVIDER, FROM A USER, OR FROM AFFY TAPPLE) ON THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE ANY DESIRED RESULT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. AFFY TAPPLE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED ON THIS WEBSITE.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
IN NO EVENT SHALL AFFY TAPPLE OR ANY AFFY TAPPLE SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT OR CONTRACTOR BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SERVICE PROVIDERS FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. AFFY TAPPLE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL AFFY TAPPLE (OR THEIR OFFICERS, DIRECTORS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AFFY TAPPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AFFY TAPPLE AND ANY OF THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, LIABILITIES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), BROUGHT BY THIRD PARTIES AS A RESULT OF, ARISING OUT OF OR RELATED TO:
(i) YOUR VIOLATION OR BREACH OF THIS AGREEMENT OR THE DOCUMENTS REFERENCED HEREIN;
(ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY;
(iii) YOUR USE OF (OR INABILITY TO USE), OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY CONTENT OR INFORMATION ON THE WEBSITE; OR
(iv) ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN AFFY TAPPLE), INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE TRANSACTION TO WHICH YOU ARE A PARTY.
LINKS TO THIRD PARTY SITES AND INTERACTIONS WITH THIRD PARTIES
This Website may contain hyperlinks to websites operated by parties other than Affy Tapple. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
CUSTOMER ASSISTANCE & CONTACT INFORMATION
If you have questions, concerns, or need assistance you can contact us at firstname.lastname@example.org or by mail at:
6300 Gross Point Rd.
Niles, IL 60714
This Terms of Service Agreement shall be exclusively governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without regard to principles of conflicts of law.
MODIFICATIONS AND RESERVATION OF RIGHTS
Affy Tapple may change, add, suspend or delete this Terms of Service Agreement or any portion thereof from time to time in its sole discretion, including where Affy Tapple deems it necessary for legal, general regulatory, and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms of Service Agreement.
Affy Tapple reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) restrict, limit, suspend or terminate your access to the Website; (ii) remove any or all of your content or information from the Website; (iii) monitor your use of the Website to verify compliance with this Agreement and/or any applicable law; (iv) investigate any suspected or alleged misuse of the Website and cooperate with law enforcement in such investigation; and (v) disclose information about your use of the Website in connection with a law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.
A failure by Affy Tapple to exercise or enforce any right or provision under this Agreement does not constitute a waiver of such right or provision. A waiver of any right or provision under this Agreement will only be effective if it is in writing and signed by Affy Tapple.