FYGBOX, LLCPRIVACY POLICY


This Privacy Policy governs the collection of information about you by FYGBOX, LLC (referred to as “us” or “we”) through this website at www.fygbox.com (referred to as “website’), and the use of such information by us.  Your acceptance of the terms and conditions of this Privacy Policy with respect to all information submitted by you or collected on the website is a condition to your viewing and other use thereof.  By accessing and using this website, you represent to us that you have read, and agree to be bound by, this Privacy Policy.  If you do not agree to this Privacy Policy, please discontinue your viewing and use of this website immediately.

Please note that we reserve the right to change this Privacy Policy at any time in our sole discretion.  You should review this Policy each time you visit our website to review the terms of the Privacy Policy then in effect.

Collection of Personally Identifiable Information

We do not collect personally identifiable information about you through this website unless you voluntarily provide it to us.  You are not required to register or otherwise sign in to browse and enjoy this website.  Certain areas of this website such as inquiries, subscriptions and order forms may require or allow you to voluntarily submit financial information and other personally identifiable information.  As used in this Privacy Policy, “personally identifiable information” means information that would allow someone to identify or contact you, such as your name, physical or electronic mail address, telephone number, social security number or any other identifier that permits the physical or online contacting of a specific individual.  The term “personally identifiable information” does not include aggregated information that, by itself, does not enable the identification of one or more individual persons.

Use of Personally Identifiable Information

We do not sell your personally identifiable information.  We use the personally identifiable information you provide to us for the purposes for which it was submitted by you, such as answering inquiries about our products, processing your orders, making deliveries and related customer service purposes.  We also may use such information to send you emails, newsletters and other materials from time to time.  We may share your personally identifiable information with unaffiliated third parties that perform services for us, or that are involved in fulfilling your subscriptions, and for marketing, delivery and other purposes relating to our business.

In some cases, you will be required to provide to us, and we may share with third parties and use, your personally identifiable information for purposes of processing and delivering your orders, such as debit or credit card payment processing at “check out.”  Additionally, we may be legally obligated to disclose information to government entities or third parties under certain circumstances, and you hereby irrevocably authorize us to make such disclosures as required or permitted by applicable law.

The laws of some jurisdictions may entitle you to request that we disclose to you how we use and share your personally identifiable information for certain purposes or entitle you to change the personally identifiable information you previously have provided to us.  To the extent required by laws that are binding on us, we will provide such information and allow such changes upon a user’s proper written request therefore sent to FYGBOX, LLC, PO Box 21246, CO 80308, United States.

Reviewing/Changing Personally Identifiable Information

You can request access to the personally identifiable information that you have provided to us in order to review and edit such information (for example, to update your credit card information or a delivery address) by editing your account online.

Security of Information

We take commercially reasonable precautions to protect against unauthorized access to and copying of the personally identifiable information you provide to us, but we cannot guarantee that it will always be completely secure from third party electronic intrusions, such as hacking, other electronic and physical means of information theft and administrative or staff errors.  WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SECURITY AND PRIVACY OF THE INFORMATION YOU PROVIDE TO US, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Children’s Use of Our Website

This website is not designed for or directed to children under the age of 13, and we do not knowingly collect personally identifiable information from children under age 13.  We recommend that children under the age of 13 be supervised by an adult if they access and use this website, and recommend that those children not provide any personally identifiable information to us.

Non-Personally Identifiable Information

This website, like most other business websites, may automatically track and collect certain information about your visit that does not identify you individually.  This is done using tools commonly known as “cookies,” web beacons, pixel tags, web server logs or other statistical programs, algorithms and applications.  Your browser may have an option that allows you to accept or reject cookies and other programs and applications, but your use of restrictive browser settings may limit the functionality available to you when using this website.

Third Party Sites

This website may contain links to other websites, which are provided solely as a convenience to users of this website.  We are not responsible for the use, storage or disclosure of information collected by those sites or for the information contained on such sites or your reliance thereon, and we expressly disclaim any warranty, liability or obligation related thereto.

Limitation of Our Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR OWNERS, AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MATTERS ADDRESSED BY THIS PRIVACY POLICY, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO THE COLLECTION, STORAGE AND USE OF YOUR INFORMATION, OR THE PERFORMANCE OR BREACH OF THIS PRIVACY POLICY, SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAY TO US FOR THE INITIAL 12 MONTH TERM OF YOUR SUBSCRIPTION AGREEMENT (OR IF THE ORIGINAL TERM IS LESS THAN 12 MONTHS, THEN THAT ORIGINAL SUBSCRIPTION TERM). THAT LIMITATION WILL APPLY WHETHER A CLAIM OR ACTION IS BROUGHT IN CONTRACT, TORT OR OTHER FORM, AND REGARDLESS OF THE THEORY OF LIABILITY.  OUR OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT IN ANY CIRCUMSTANCES HAVE ANY OBLIGATION OR LIABILITY TO YOU.  THE FOREGOING LIMITATIONS ARE AN ESSENTIAL CONDITION TO YOUR ACCESS TO AND USE OF THIS WEBSITE, AND WILL APPLY EVEN IF THIS STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law

This website is controlled by us from our offices within the State of Colorado, United States of America.  By accessing and using this website, you irrevocably agree that the internal laws of the State of Colorado, without regard to any conflicts of laws principles thereof that would cause the laws of a different jurisdiction to apply, will govern all matters relating to the subject matter addressed by this Privacy Policy, except to the extent that other applicable law mandates otherwise.

MANDATORY ARBITRATION; waiver of jury trial and other remedies

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK OTHER RELIEF FROM US.

If any dispute or claim arises with respect to this Privacy Policy, or the performance or breach hereof, you agree to first contact us at support@fygbox.com and attempt in good faith to resolve the dispute or claim with us informally.  In the unlikely event that the dispute or claim is not resolved within sixty (60) days, you and we agree to resolve the dispute or claim (excluding any action for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Privacy Policy, or the breach or alleged breach thereof,  by binding arbitration by JAMS, Inc. or its successor (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided otherwise herein.  The arbitration will be conducted in Boulder County, Colorado, unless you and we agree otherwise.

You and FYGBOX will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses payable by one of the parties. In addition, (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS, and (ii) the award rendered by the arbitrator may or may not include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.  Any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction for enforcement.

Nothing in this Privacy Policy or on this website shall be deemed to prevent us from seeking injunctive or other equitable relief from an arbitrator or court as we deem necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

The laws of your jurisdiction of residence may permit you to sue in a small claims court without first engaging in arbitration, but this does not absolve you of the requirement under this Privacy Policy to first engage in the informal dispute resolution process with us described above.

You irrevocably agree to be subject to, and thereby irrevocably submit to, the personal jurisdiction of the municipal, state and federal courts in the State of Colorado with respect to any appeal of an arbitration award or for any court proceedings in the event that the mandatory arbitration provision above is held to be unenforceable by an arbitrator or court having proper jurisdiction, and hereby irrevocably agree that venue in such courts is proper.

ALL CLAIMS AND DISPUTES RELATING TO THIS PRIVACY POLICY, OR THE PERFORMANCE OR BREACH HEREOF, MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING, WHICH YOU HEREBY IRREVOCABLY WAIVE.  THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR DISPUTES AGAINST US. YOU AGREE THAT YOU ARE IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Modification or Amendment

You acknowledge and agree that we have the right to modify and amend this Privacy Policy from time to time at our discretion by posting the modified or amended version on this website without prior notice to you. Your continued use of this website following the date on which the modification or amendment is posted on this website will constitute your irrevocable agreement to be bound by the terms thereof.

Entire Agreement; Conflicting Terms; Assignability

This Privacy Policy, your completed order form, our Subscription Agreement and our Website Terms of Use in the aggregate constitute the entire and exclusive and final statement of the contract between you and us with respect to the subject matter hereof and thereof, superseding any prior agreements, communications or negotiations with respect to the subject matter hereof and thereof.  Any other communication between you and us or our agents shall not alter, supersede or add to the terms stated herein and therein.  Any attempt by you to alter, supplement or amend this Privacy Policy shall be null and void, unless otherwise explicitly stated in a written agreement signed by you and us.

If for any reason any provision of this Privacy Policy is found by an arbitrator or court of competent jurisdiction to be unenforceable, then you and we intend that such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of that provision as closely as possible, and the remainder of this Privacy Policy shall continue in full force and effect.

Any failure or delay by us or our employees or agents to exercise or enforce any right available under applicable law or any provision of this Privacy Policy shall not constitute a waiver of such right or provision.  To the extent that anything in or associated with this website conflicts or is inconsistent with this Privacy Policy or the Subscription Agreement or Website Use Agreement, then this Privacy Policy, the Subscription Agreement or the Website Use Agreement shall take precedence.  If there is any conflict or inconsistency between your completed and accepted order form and this Privacy Policy or the Subscription Agreement or Website Use Agreement, this Privacy Policy, the Subscription Agreement or the Website Use Agreement, as applicable, shall control with respect to the conflicting term.

*************** End of Privacy Policy – Revised April 17th, 2017 *****************