1. ACCEPTANCE OF TERMS AND CONDITIONS
The following are terms of a legal agreement between any user of this website ("User" or "You") and First Brands Group IP LLC and its subsidiaries and affiliates (“FRAM”). By accessing, browsing and/or using this site ("Site"), User acknowledges having read, understood, and hereby agrees, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by FRAM from its offices within the State of Michigan, United States. It can be accessed from all fifty (50) states and other countries of the world, but products are for sale or license on this site only for U.S. customers and shipping destinations.
2. APPLICABLE LAWS
Any claim relating to this Site, and the use of this Site and the materials contained herein is governed by the laws of the State of Michigan, United States, without regard to conflict of law principles. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Oakland County, Michigan, with respect to such matters.
3. TRADEMARKS AND COPYRIGHTS
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of FRAM and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Trademarks of FRAM may not be used in any way, without prior written permission of FRAM. FRAM prohibits use of any FRAM Trademark as a "hot" link to this Site or any FRAM site without prior written permission of FRAM.
4. LINKS TO THIRD PARTY SITES
This Site contains links to third-party sites. The linked sites are not under the control of FRAM and FRAM is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. FRAM is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by FRAM of the site.
5. USE RESTRICTIONS
The copyright in material provided on this Site is held by FRAM or others. Except as stated herein, none of the copyrighted material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FRAM or the copyright owner.
You may not mirror, modify or otherwise alter any files in this Site for rebroadcast nor otherwise re-use any materials from this web site (including without limitation copying, reproducing, distributing, uploading, republishing, posting or transmitting) without the prior written consent of FRAM, except that you may download material displayed on this Site for non-commercial, personal use only, provided that you also maintain all copyright and other proprietary notices contained in the materials. You may not post or transmit any messages, or otherwise engage in any activity related to this web site, in any manner that is unlawful or that violates the rights of FRAM or any third party.
Any password you receive from FRAM to access this web site remains the property of FRAM. Any password you create for use of this web site can be accessed by FRAM in order to confirm and secure proper usage of this Site. FRAM has the right, but not the obligation, to monitor all communications to and from this web site. FRAM reserves the right to revoke passwords at any time. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password. You agree to immediately notify FRAM of any unauthorized use of your password.
6. PRODUCTS AND SERVICES
FRAM’s obligations and responsibilities regarding FRAM’s products or services are governed solely by the agreements under which they are sold or licensed. FRAM does not guarantee availability of individual part numbered products listed herein. Product availability must be confirmed at time of order. Product orders are subject to acceptance or rejection by FRAM.
7. DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, EACH OF WHICH IS HEREBY DISCLAIMED. FRAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FRAM, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL, IN PROCURING, COMPILING OR DELIVERING INFORMATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION.
9. EXCLUSION OF DAMAGES
IN NO EVENT SHALL FRAM, OR ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO THE INFORMATION OR SOFTWARE CONTAINED AT THIS SITE.
10. SITE REGISTRATION INFORMATION ENCRYPTION/SECURITY
The registration area of this Site offers industry standard security measures available through the User's browser. Other areas of this Site are available to the general public. If a User obtains content requiring registration, a sales representative may contact the User to assist as requested or inferred by any request of information from FRAM.
FRAM and/or its Site service provider collects and stores not only the information you provide and information about your preferences but also data collected automatically when you access this web site, including but not limited to the following: the name of the domain you use to access the Internet; the date and time of your visit; the pages you visited; and the address of the web site you came from when you accessed the Site. FRAM also collects personal data that you provide, including without limitation your name, company, address, country, telephone number, and email address. FRAM may use the information to periodically send you future messages relevant to your business interests, updates about our products and services, information about promotional offers, for computer system administration, for statistical purposes, and to help us make this Site more useful. From time to time FRAM may transmit data to third parties under contract with FRAM to provide services including but not limited to maintaining and managing customer data, conducting promotions or surveys, or communicating effectively with customers. These third parties may be located in the UK, United States or other countries. Except as otherwise provided herein, FRAM will not share your personally identifiable information with third parties other than FRAM’s shareholders, directors, officers, employees, agents, subsidiaries, affiliates, and selected third party partners, or as compelled by court order or requested by a law enforcement agency.
FRAM will not retain your data longer than is necessary to fulfill the purpose it is being processed for. To determine the appropriate retention period, FRAM considers the amount, nature and sensitivity of the personal data, the purposes for which FRAM processes it and whether FRAM can achieve those purposes through other means.
FRAM also considers the period for which FRAM might need to retain personal data in order to meet any customer service or legal obligations, inquiries, and to protect our legal rights. When FRAM no longer need your personal data, FRAM will securely delete or destroy it. FRAM will also consider if and how FRAM can minimize over time the personal data that FRAM uses, and if FRAM can anonymize your personal data so that it can no longer be associated with you.
You should be aware that when you use our website FRAM may collect non-personal information by using third party 'cookies'. Third party cookies are selected partner cookies which track where a user’s visit originated from and other behavioral data to present appropriate offers and help prevent fraud and detect spammers. The majority of internet browsers will provide an option to disallow cookies. You can find how to do this in the help menu for your browser. Cookies can also be deleted by using your internet browser, but you must disallow cookies otherwise they will be reapplied the next time you visit our site.
FRAM reserves the right to monitor traffic and usage related to this Site. FRAM may also use programs to identify unauthorized attempts to upload or change information or otherwise cause damage. FRAM may deny or restrict access to all or any portion of its Site in FRAM’s sole discretion.
RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
For individuals who are European Union residents, you may have rights under the GDPR, including the right to do the following:
– Withdraw your consent at any time. You have the right to withdraw consent where you have previously given it to the processing of your personal data.
– Object to, or restrict, the processing of your personal data. You have the right to object to, or restrict, the processing of your personal data subject to certain exceptions under the GDPR.
– Access your personal data. You have the right to learn if personal data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal data undergoing processing.
– Verify and seek rectification. You have the right to verify the accuracy of your personal data and ask for it to be updated or corrected.
– Have your personal data deleted or otherwise removed. You have the right, under certain circumstances, to obtain the erasure of your personal data from FRAM.
– Receive your data and have it transferred to another controller. You have the right to receive your personal data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the personal data is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
– Lodge a complaint. You have the right to bring a claim before a data protection authority.
You can contact us directly regarding with any concerns regarding your personal data at the contact information at the bottom of this page. In addition, you have the right to complain to a data protection authority about our collection and use of your personal information. Complaints should be made to your local supervisory authority.
12. CONTACTING THIS SITE
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact:
First Brands Group, LLC
3255 West Hamlin Road
Rochester Hills, MI 48309