WEBSITE LEGAL INFORMATION
The Schawbel Corporation
26 Crosby Drive
Bedford, Massachusetts 01730
Or by email at: CUSTOMERSERVICE@THERMACELL.NET.
Please see the section below captioned "How You May Opt Out of Our Information Uses" regarding your right to ask us not to use your information for certain purposes.
Information We Collect and How We Use It
The information we collect generally falls into two categories: (1) personal information you provide voluntarily, such as when you submit an order, complete a survey, or enter a contest; and (2) tracking information we collect automatically as you navigate through the Website.
When you make a purchase, take a survey, enter a contest, or request other information, products, or services through the Website, we may ask for your name, mailing address, email address, telephone number, date of birth, credit card information, or other personal information. We use this information to complete the transaction you are requesting, customize your online experience, provide you with personalized email and direct mail messages, and help us improve the Website.
How Your Information Will Be Used
We will use the information we collect from and about you for various purposes, including to respond to your requests, provide you with our product and service offerings, improve our Website, customize your experience on our Website, and monitor postings on any bulletin board or chat areas we may make available. Our primary goal is to provide you with a customized experience and to make our products, programs, and services more useful to you.
How Your Information Will Be Shared
We value your privacy and will not sell your personal information to third parties. However, we may share your information with third parties under limited circumstances.
Service Providers. We may share your information with third-party service providers who help us operate and maintain our Website or deliver our products and services. Any third-party service provider with whom we share your information will be contractually restricted from using or disclosing your personal information for any purpose other than as necessary to provide the services for which the information was disclosed.
For Legal Purposes. We will release information when we believe we are legally required to do so, such as in response to a court order or subpoena. We may also be required to release information if we are purchasing or selling a business, although in such cases your information would normally be covered by a non-disclosure agreement.
Aggregate Information. We may disclose to third parties non-personally-identifiable aggregate statistics, such as overall patterns or demographic reports, regarding user behavior as a measure of interest in, and use of, our Website and marketing materials. Aggregate disclosures will not describe or identify any individual user.
How You May Opt Out of Our Information Uses
If you do not wish to receive marketing information from us in the future, you may opt out by clicking on the "unsubscribe" link included in a marketing email or by contacting us at the postal or email address at the beginning of this Policy, in the Section captioned "Contact Us." We will make reasonable efforts to honor your request promptly.
You cannot opt out of our use of your information for legal purposes or to complete a transaction or respond to a request that you have initiated.
Updating or Correcting Your Information
We do not provide website visitors with access to information that we have collected about them. If you would like to receive a copy of the information we have about you, please send a request to us using the postal or email address shown above in the Section captioned "Contact Us." If the information is incorrect or incomplete, please let us know and we will use reasonable efforts to update or correct it promptly.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. We maintain a secure process to collect, transmit, and store your personal information. When you provide credit card information online, we use secure socket layer (SSL) encryption to protect it. However, no method of transmitting or storing electronic data is ever completely secure, so we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Policy.
We urge you to keep your online password in a safe place and not to disclose it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This ensures that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or Internet cafe.
This Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on our website. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our website, we will delete the information from our records.
The Schawbel Corporation reserves the right to change the descriptions, specifications, and prices of the products offered on WWW.THERMACELL.COM without notice and at any time. We attempt to be as accurate as possible, but we do not guarantee that product descriptions, specifications, and prices of products are accurate, complete, or current at all times. Products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not represent our acceptance of the order. We reserve the right to reject any order or limit the quantity of products under the order.
Trademarks and Copyrights
Thermacell, ThermaScent, Skeeter Reliever, Coolware, and other Thermacell trademarks and logos are each trademarks or registered trademarks of The Schawbel Corporation. The trade dress of all Thermacell products is owned by The Schawbel Corporation. All other trademarks on the Website are the property of the respective trademark owners and are used on the Website with the permission of the owners. Unauthorized use of the Schawbel or third-party trademarks is prohibited by law. All designs, web pages, and source code comprising the Website are copyrighted or licensed by The Schawbel Corporation and are protected by United States and international copyright laws. Content and material from the Website may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Schawbel Corporation.
Submissions and Communications
In the event that we establish or maintain an online bulletin board, chat room, blog, or other forum through which you can submit comments or other communications, you agree that you will not upload or transmit any remarks, suggestions, messages, ideas, photographs, graphics, information, data, text, files, links, software, or other materials ("Content") that:
- you know is false or misleading;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is abusive, threatening, obscene, defamatory, or libelous;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 13;
- provides any telephone numbers, street addresses, last names, URLs, or email addresses;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password-only access pages or hidden pages or images;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- solicits passwords or personally identifiable information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without The Schawbel Corporation's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person's consent.
By submitting content to The Schawbel Corporation through the Website, you automatically represent and warrant that you have the right to grant, and do hereby grant, to The Schawbel Corporation the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to:
- use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such Content; and
- use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services that practice or embody, or are configured for use in practicing, all or any portion of the Content.
You acknowledge that you are responsible for whatever Content you submit, and you, not The Schawbel Corporation, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. The Schawbel Corporation shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, The Schawbel Corporation shall also have the right, but not the responsibility, to refuse, remove, or edit any Content (in whole or in part).
The Website may include links to other websites that are not owned or operated by The Schawbel Corporation. You acknowledge that The Schawbel Corporation is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by The Schawbel Corporation. Viewing of any website linked to the Website is at your own risk.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. The Schawbel Corporation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Schawbel Corporation does not sell products for children. If you are under 18, you may use WWW.THERMACELL.COM only with involvement of a parent or guardian.
The Website is provided on an "as is" and "as available" basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, The Schawbel Corporation, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.
Limitation of Liability
The Schawbel Corporation will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Website or any content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus, even if an authorized representative of the Schawbel Corporation has been advised of the possibility of such damages. The Schawbel Corporation will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.
This Agreement constitutes the entire agreement between you and The Schawbel Corporation regarding your use of the Website, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts, will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.
The Schawbel Corporation
26 Crosby Drive
Bedford, Massachusetts 01730
Or by email at: CUSTOMERSERVICE@THERMACELL.NET.