Privacy Policy:

 

At Fugent, LLC (referred to as “Company”, “us” or “we”), we recognize that your privacy is important. This Privacy Policy (the “Policy”) discloses the privacy practices for the Company’s family of websites (collectively, the “Site”), as well as related products and services we may offer to you (collectively referred to as the “Products”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site.

 

You acknowledge that this Policy is designed to be read in connection with our Terms of Use, which are available at https://www.fugene.com/privacy-policy/#terms (“Terms”) and that by accessing or using our Site, you agree to be bound by the Site’s Terms, as well as this Policy.

 

We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our site, and by updating any privacy information on this page. Your continued use of the Site and or Products available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

 

If you have any questions about this Policy, please feel free to contact us at: contact@fugene.com.

 

  1. Types of Information We Collect

 

In order to better provide you with the products offered on the Site from time to time, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

 

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for an account, purchasing a product or service, or sending or communicating with us, we may ask you to provide certain information about yourself or your company.

 

Examples of PII we collect may include:

 

  • your first and last name,
  • company name,
  • email address,
  • mailing address (including zip code),
  • employer, job title and department,
  • telephone/mobile/and facsimile numbers, and other identifying information.
  • Professional online presence (e.g., LinkedIn profile);
  • billing, transaction and payment card information;
  • purchasing history, contact history and saved items.

 

Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

 

  1. How We Collect Information.

We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to purchase Products or use certain services available on the Site, request that we contact you, or to secure technical support. These may include: (a) registering for an account on our Site; (b) participating in surveys conducted by us, our members or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting a form via the Site, email or other form of delivery, or transmitting other information by telephone or letter; or (e) submitting your payment card or other payment information when ordering and purchasing Products on our Site or otherwise. When processing certain information, such as payment information with affiliated banking institutions or payment processors, we encrypt the transaction, using Secure Socket Layer (SSL) encryption technology, in order to prevent your PII from being stolen or intercepted. Additionally, your payment card information is never stored on our servers and is handled through third-party payment processing services.

 

  1. How We Use Information.
  • We will use your PII to provide Products or service offerings to you and allow you to communicate with us or other users of the Site.

 

  • We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our Products and service offerings, and customize our Site’s content, layout, and services.

 

  • We may use PII to deliver information to you and to contact you regarding administrative notices, technical support and respond to inquiries about our Products;

 

  • We may use PII for credit reference checks, if we provide payment terms;

 

  • Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms, and this Policy.

 

We may also collect, or our third party advertising partners may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Our third party advertising partners may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at our Site.

 

  1. Cookies and Other Technologies

Depending on how you use our Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies and other technologies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the services we make available to you. However, we do not use cookies to track your browsing behaviors.

 

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

 

  1. Release of Information

We will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you. For example, we routinely share PII with:

  • Third parties we use to help deliver our Products to you, such as warehouses and delivery companies;
  • Third party payments processors we use to process payment card and ACH payments.
  • Third parties we use to provide customer service and/or technical support.

 

If we transfer PII to a Service Partner, the Service Partner will be required to protect the confidentiality of that information.

 

Other websites accessible through this Site may have their own privacy policies and data collection, use and disclosure practices. Please consult each website’s privacy policy. We are not responsible for the policies or practices of third parties.

 

Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our 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.

 

We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any PII.

 

  1. Updating and Correcting Information

We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time by linking to your account through the following link www.fugene.com/my-account/. You may also access and correct your personal information and privacy preferences by emailing us at:

 

Email: contact@fugene.com

 

Please include your name, address, and/or email address when you contact us.

 

We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.

 

  1. User Choices on Collection and Use of Information

After you have registered, we may occasionally send you emails or direct mail or call you about products and services that may be of interest to you. Only the Company (or agents working on behalf of Company and under confidentiality agreements) will send you these solicitations. If you do not want to receive solicitations from us, you can “opt-out” by sending us an email requesting that we cease our marketing activities.

 

Please send “opt-out” emails to contact@fugene.com, with the subject line “Marketing Opt-Out”, and provide the details necessary for us to identify your account. Our marketing emails will also include a link that allows you to unsubscribe from further email solicitations.

 

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.

 

  1. Security of Your PII

At our Site you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:

 

    • We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We collect information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
    • We employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.
    • Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.

 

In order to most effectively serve you, credit card transactions and order fulfillment are handled by established third party banking institutions and processing agents. They receive the information needed to verify and authorize your payment card or other payment information and to process and ship your order.

 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

 

  1. Miscellaneous

You must be at least 16 years old to have our permission to use this Site. Our policy is that we do not knowingly collect, use or disclose PII of persons under 16 years of age. If we learn that we have collected the personal information of a child under 16 without first receiving verifiable parental consent, we will take steps to delete the information as soon as possible.

 

You should also be aware that when PII is voluntarily disclosed (i.e. your name, email address, etc.) in any discussion forums or other public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Terms for our Site conduct policies. http://Fugene.com/privacy-policy/#terms

 

If you have any questions, concerns or inquiries about our Privacy Policy, or our use of your PII, or our privacy practices, please contact us at: contact@fugene.com. You can also reach our Privacy Compliance Officer by sending written correspondence to:

 

 

Fugent, LLC

1600 Aspen Commons

Suite 101

Middleton, WI 53562

Attn: Privacy Compliance Officer

 

 

ADDITIONAL PRIVACY STATEMENT FOR RESIDENTS OF THE STATE OF CALIFORNIA, USA

 

The California Consumer Privacy Act of 2018 (“CCPA”) requires us to provide additional privacy-related information to residents of California, effective January 1, 2020.

 

  1. California Residents’ Privacy Rights

Under the conditions set out under the CCPA, California residents have rights under Cal. Civ. Code §§ 1798.100, 1798.105, 1798.110, 1798.115 and 1798.125, including to:

 

(i) Request access to copies of their PII;

(ii) Request access to information about what categories of PII we have collected from them, the categories of sources of such information, the purposes for which we collect their PII, the categories of third parties with whom we have shared their PII, and the categories of PII that we have disclosed about them for a business purpose;

(iii) Request deletion of their PII;

(iv) Be free from unlawful discrimination because they exercised any of their rights under the CCPA; and

(v) Be notified of any financial incentives offered to them in exchange for any right we wish to have to collect, sell or delete their PII.

 

Not all California residents may exercise all of the above rights in all circumstances. For example, the CCPA currently does not establish the above rights (with the exception of the rights described in bullets (iii) and (iv) above) with respect to PII reflecting a written or verbal communication or a transaction between a California resident and us where the California resident acts as an employee, owner, director, officer, or contractor of a company or other entity and the communication or transaction with us occurs solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from such entity.

 

California residents may submit a request to exercise their rights under the CCPA by emailing us at contact@fugene.com. Please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident by including a California postal address in your request.

 

 

OPT-OUT RULES APPLICABLE TO DATA COLLECTED FROM RESIDENTS OF THE STATE OF NEVADA, USA

 

We do not sell PII. However, Nevada residents have the right to opt out of the sale of their PII. If you are a Nevada resident, and would like to submit such a request, please email us contact@fugene.com. Please include “Nevada Privacy Request” as the subject line. You must include your full name, email address, and attest to the fact that you are a Nevada resident by including a Nevada postal address in your request.

 

 

Last Updated February 1, 2021

Terms and Conditions:

 

1. Acceptance of Terms

 

Fugent, LLC, a Wisconsin limited liability company (referred to as “Company”, “us” or “we”), provides access to the website (the “Site”), as well as the communications, tools, information, product offerings and other features and applications offered on the Site (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you. Unless otherwise agreed to in a writing signed by us, your purchase of products through this Site, via purchase order, or via any other method shall be governed by these Terms.

 

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute your acknowledgement and acceptance of the modified Terms.

 

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

 

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE.

 

SOME OF OUR PRODUCTS ARE SUBJECT TO LIMITED USE LABEL LICENSES OR OTHER CONTRACT TERMS THAT ARE NOT INCLUDED HERE (“ADDITIONAL TERMS”). SUCH ADDITIONAL TERMS MAY BE PROVIDED IN A QUOTATION OR IN A LABEL LICENSE ACCOMPANYING THE PRODUCT. YOU MAY OBTAIN COPIES OF SUCH ADDITONAL TERMS AT ANY TIME BY CONTACTING CUSTOMER SERVICE.

 

2. Offerings

 

The Company provides a number of Offerings for users on its Site, including, products, communications tools, information, and other features and applications offered on the Site from time to time.

 

No Guarantee. Although the Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or the Offerings available on this Site.

 

Modifications. The Company reserves the right to modify, expand or discontinue Offerings or otherwise modify the Site from time to time in its sole discretion.

 

Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Site and the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings.

 

Products Subject to Availability. All orders for products and other Offerings are subject to availability.

 

3. Pricing and Payment

 

Fees and Pricing. Certain products and other Offerings on this Site require payment. The Company reserves the right to change its prices from time to time, in its sole discretion. Prices we quote you are valid for thirty (30) days, unless we state otherwise in writing. If no price has been specified or quoted to you, the price will be the product price on Fugene.com in effect at the time we accept your order.

 

Taxes and Fees. Our product prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. If you claim any exemption, you must provide a valid certificate or letter of exemption for each respective jurisdiction.

 

Delivery Fees; Freight Policy. You are also responsible for standard delivery and handling charges, if applicable, and our product prices do not include such charges unless expressly stated. If we pay such charges, we will also add these to your invoice.

 

Payment. The Site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party payment processing services. In the event you purchase products or other Offerings with a credit card, ACH, or other method handled by a payment processor, such payment is subject to the terms outlined by the payment processor. The Company may agree to accept purchase orders, which, unless the Company otherwise agrees in writing, shall be subject to these Terms, and shall have payment terms net thirty (30) days from the date of invoice. Any additional or different terms in the Purchase Order or other forms are hereby rejected. All invoices shall be paid in United States Dollars. The Company reserves the right to withhold delivery of products or other Offerings until payments therefore are received or otherwise confirmed by the Company. Time is of the essence for all payments for products or other Offerings. The Company may deliver products or other Offerings in installments.

 

Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products or other Offerings you have purchased, a check is returned, or you otherwise fail to timely make payment, you agree that we may, at our option, suspend or terminate delivery of products and other Offerings, and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. All amounts not paid when due shall incur interest from the date due until the date paid at the rate of one- and one-half percent (1.5%) per month, compounded monthly.

 

4. Delivery and Risk of Loss

 

We will ship products to the destination you specify in your order, FCA Incoterms 2010 our shipping point. Title and risk of loss to products passes to you when we load them onto the commercial carrier at our shipping point. By agreeing to these Terms, you give your consent for us to arrange for carriage for all products you order as provided herein. We may, in our discretion, make partial shipments and invoice shipments separately. All shipping dates are approximate, and we will not be liable for any loss or damages resulting from delays in shipping or delivery. You may not refuse delivery or otherwise be relieved of any obligations that are the result of such delays. If delivery of a product to you is delayed due to any cause within your control, we may place the delayed products in storage at your risk and expense.

 

5. Returns

 

All product returns require our consent and a return merchandise authorization number from our customer service department (“RMA”). We will approve the return of product that is damaged or defective on receipt, provided you contact customer service within five (5) business days of receiving the damaged or defective product, and provided such damage or defect was not caused by any failure of you or the carrier to handle or store products using reasonable care or as otherwise indicated on the product label. If you do not contact customer service within the five (5) business day period specified herein, the applicable product will be deemed accepted. Acceptance does not waive your warranty rights.

 

6. Third Party Websites

 

Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

 

7. Company Intellectual Property

 

Use Limitations. As between you and us, we exclusively own all intellectual property rights relating to our products. Unless we expressly state otherwise in Supplementary Terms, our sale of products to you grants you only a limited, nontransferable right under our intellectual property to use the quantity of products purchased from us. No right to transfer, distribute, resell, or modify our products or any of their components is conveyed expressly, by implication, or by estoppel. You may not reverse engineer, or create modifications or derivatives of our products or attempt to do the same at any time during or after the term of this Agreement. Unless expressly permitted by us in writing, you will not modify, change, remove, cover or otherwise obscure any of our brands, trade or service marks on the products. Nothing in the Agreement limits our ability to enforce our intellectual property rights.

 

Additional Rights. Unless we expressly state otherwise in Additional Terms, we give no rights to use our products for any type of consumption by or application to humans or animals. Where your use of our product is outside the scope of this Agreement, it is solely your responsibility to acquire additional rights for your use by contacting us at contact@fugene.com.

 

Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by the Company or its Affiliates.

 

Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site (including, without limitation, all Offerings) is protected by any and all intellectual property and/or other proprietary rights available within the United States and elsewhere, and is the sole property of the Company or its Affiliates.

 

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of the Company or its Affiliates.

 

Limitations on Use of Content. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site or any Offerings in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site or Offerings content violates our intellectual property interests and could result in criminal or civil penalties.

 

No Warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site or any Offerings will not infringe the rights of third parties. We want to avoid claims of intellectual property infringement. If we believe a product we have sold to you may be subject to a claim for intellectual property infringement, you must allow us (at our option) to either (a) secure for you the right to continue using the product; (b) substitute the product with another suitable product with similar functionality; or (c) tell you to return the product to us and we will refund to you the price you paid.

 

Confidential Information. All communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

 

8. Email and Communication Services & Infringement Claims

 

Email and Communications Services. We may make email and communications services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

 

Infringement Claims. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing content through our designated DMCA agent (“DMCA Agent”), a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

 

If you believe that you or someone else’s copyright has been infringed by the Company or third party content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our DMCA Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

 

1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration Number(s), URL(s) etc.;

2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;

5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

6. The Rights Holder’s electronic signature.

 

Notice may be sent to:

By Mail: Attorney Michael E. Banks, DMCA Agent for Fugent, LLC

c/o Haus, Roman and Banks, LLP

148 E. Wilson St., Ste. 200

Madison, WI 53703-3992

 

By Facsimile: (608) 257-1383

ATTN: Michael E. Banks, DMCA Agent for Fugent, LLC

 

By E-mail: banks@hrbllp.com, provided that receipt of your notice is acknowledged by the Company via a responsive email or a read receipt requested by you.

 

Counter-Notification. If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:

1. 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;

2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

3. Your name, address and telephone number;

4. A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person;

5. Your physical or electronic signature.

 

By Mail: Attorney Michael E. Banks, DMCA Agent for Fugent, LLC

c/o Haus, Roman and Banks, LLP

148 E. Wilson St., Ste. 200

Madison, WI 53703

 

By Facsimile: (608) 257-1383

ATTN: Michael E. Banks, DMCA Agent for Fugent, LLC

 

By E-mail: banks@hrbllp.com, provided that receipt of your notice is acknowledged by the Company via a responsive email or a read receipt requested by you.

 

We will send any complete counter-notifications we receive to the Rights Holder. The Rights Holder may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

 

9. Privacy & Security

 

Login Required. In order to access some of the Offerings on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

 

Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.

 

10. Warranties and Disclaimers

 

PRODUCTS PURCHASED ON THIS SITE ARE WARRANTED TO MEET OR EXCEED THE SPECIFICATIONS SENT WITH THE PRODUCT FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF SHIPMENT, OR SUCH SHORTER PERIOD AS MAY BE SPECIFIED IN THE LABEL LICENSE ACCOMPANYING THE PRODUCT. EXCEPT AS PROVIDED IN THE PREVIOUS SENTENCE, ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

OUR WARRANTIES EXTEND TO THE ORIGINAL PURCHASER, AND CANNOT BE TRANSFERRED. OUR WARRANTIES DO NOT APPPLY TO USE, MAINTENNCE OR STORAGE OR HANDLING OF PRODUCTS IN AN IMPROPER, INADEQUATE OR UNAPPROVED MANNER BY YOU OR ANY THIRD PARTY (INCLUDING THE CARRIER), SUCH AS BUT NOT LIMITED TO, FAILURE TO FOLLOW OUR INSTRUCTIONS OR OPERATING GUIDELINES OR PROTOCOLS, OPERATION OUTSIDE OF STATED ENVIRONMENTAL OR USE SPECIFICATIONS, OR OPERATION OR CONTACT WITH UNAPPROVED CHEMICALS OR PRODUCTS. ANY TAMPERING, ALTERATION OR MODIFICATION OF OUR PRODUCTS WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES FOR THE AFFECTED PRODUCTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

 

THE USE OF THE OFFERINGS OR THE ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

 

THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR OFFERINGS PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.

 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

11. Limitation of Liability

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to, in the Company’s discretion: (a) repair or replacement of defective products or other Offerings; or (b) a refund of the amount you actually paid us for the products of other Offerings purchased on the Site that give rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

12. Termination of Use

 

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

 

13. Miscellaneous Provision

 

International Use; Export. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate U.S. government agency, export, re-export, distribute or supply any products obtained from us to (a) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government; or (b) any person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Upon request, you agree to provide us with information regarding the end user and use of any of our products you export or plan to export. You agree to fully cooperate with any official or unofficial audit or inspection related to import or export control laws or regulations, and will indemnify and hold us harmless from, or in connection with, any violation of this Section by you, your employees, representatives or agents.

 

Assignment. You may not assign your rights or obligations under these Terms without our express written consent. Any such attempted assignment in violation hereof shall be void.

 

Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in Middleton, Wisconsin. These Terms shall be interpreted and construed in accordance with the laws of the State of Wisconsin, U.S.A., without application of its conflicts of law principles. For the purpose of any dispute arising under, or related in any way to, the subject matter of these Terms, the Site or the Offerings, you agree that such dispute shall be heard exclusively by the State and Federal courts situated in Madison, Wisconsin, and hereby submit to the exclusive jurisdiction of said courts and waive any objection to the jurisdiction and venue of such courts. You and the Company specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

 

Notices. All notices to a party shall be in writing and shall be made either via email, overnight mail or conventional mail. Notices to us must be sent to the attention of Customer Service at contact@fugene.com, if by email, or to our address at Fugent, LLC, 1600 Aspen Commons Suite 101, Middleton, Wisconsin 53562-4716, if by conventional or overnight mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (2) five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested; or (3) on the delivery date if transmitted by email. Notwithstanding the foregoing, email notification to the Company shall not be effective unless and until receipt of your notice is acknowledged by the Company via a responsive email or a read receipt requested by you.

 

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

 

Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Notwithstanding the previous sentence, in the event you purchase products or other Offerings from the Company, such products and other Offerings shall be subject to the label license and other Additional Terms applicable to such products or other Offerings. If terms applicable to a product conflict, we will give them the following priority: (a) first, the quotation; (b) second, other Additional Terms; and (c) third, these Terms.

 

Last Updated: January 25, 2021