TERMS OF USE

Published March 18th, 2016

Please review these Terms and Conditions. Your use of this web site (“Site”), including the purchase of products, constitutes your acceptance of the following terms and conditions. Firetog, LLC (“PFT”) and Phil Firetog Trio (collectively referred to as “we” or “us”) reserve the right to revise these Terms and Conditions at any time without prior written notice. As a result, we encourage you to review these Terms and Conditions whenever you purchase products via this Site.

About PFT Services

PFT is responsible for the hosting, operation and maintenance of the site.

Acceptance of Terms

This Site is designed for and targeted to individuals who are at least 18 years of age or older. In order to use and access the features and services provided by this Site you must be 18 years of age or older. If you are not an adult, please stop and discontinue your use of this website.If for any reason you do not agree with these Terms and Conditions, including this Site’s Privacy Policy, please discontinue using this Site. By using this Site, you agree to be legally bound by these Terms and Conditions. We reserve the right to change the terms of these Terms and Conditions or to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. You should visit this page regularly and review these Terms and Conditions for the current terms, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations

Representation

By using this website you represent and warrant that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms and Conditions.

Products

We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid us for it.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Products may be purchased while supplies last. Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you prior to canceling the order. Click here for our cancellation policy. If you are unsatisfied with a product, you may return it in accordance with our return policy. Click here for return policy.

Use of Site

We welcome your comments about the Site; however, any comments, reviews, messages, suggestions or other communications (collectively “Comments”) sent to the Site shall be and remain the exclusive property of PFT. Your submission of any such Comments shall constitute an assignment to PFT of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. PFT will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us.

Use Restrictions

Each time you use a password or log in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with these terms and conditions. You agree that you will not under any circumstances

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s PFT account without permission;
  • interfere or attempt to interfere with the proper functioning of the Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
  • use the communication systems provided by or contacts made for any commercial solicitation purposes;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;

Disclaimer

THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.

YOU UNDERSTAND AND AGREE THAT THIS SITE, DELIVERY AGENT, ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Privacy

We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

Termination

In addition to any other legal or equitable remedies, PFT may without prior notice to you immediately terminate your account, or revoke your right to access or use the Sites. Upon notice of termination of your account, you shall immediately cease all access to and use of the Site and PFT shall immediately revoke all passwords and account identification issues to you, and deny your access to the site in whole or part. However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

Applicable Law and Jurisdictional Matters

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New Yrok, as they are applied to agreements entered into and to be performed entirely within New York. Any brought to enforce these Terms and Conditions or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in New York, and you expressly consent to the jurisdiction of said courts.

Privacy Policy

Published March 18th, 2016

This privacy policy applies only to the website owned, operated and maintained by Firetog, LLC (Phil Firetog Trio). (“PFT”) (collectively referred to as the “Parties”, “we” or “us”) where this privacy policy is posted (collectively, the “Site”). This privacy policy does not pertain to information that is collected offline. BY USING THE SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

A. Information Collected

This privacy policy applies only to information collected on the Site and does not apply to information collected by us through any other means. We collect the information you provide to us actively, and also collect information automatically from the devices that interact with our Site, as explained below.

(1) Information You Actively Provide

“We collect registration details and personal information, such as your name, address, telephone number, email address, age, gender, payment details, purchase history, or company name, that you actively provide to us when you register, communicate, or transact business with our Site.

We receive and store the information that you enter on our Site or give to us in any other way. The above list provides an example of the personally identifiable information that may be collected on the Site. If you do not want us to collect your personally identifiable information, please do not provide it to us.

(2) Information Collected From or About the Devices that Interact with our Site

We receive and store information from and about the devices (such computers, smartphones) that interact with our device, including the Internet protocol (IP) address used to connect your computer to the Internet; your login credentials; and computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform. We use cookies, web beacons, and other technologies to measure and collect session information, including page response times, and to measure and understand visitor behaviors on the site. We may also collect technical information to help us identify your device for reasons of security and site integrity.

B. Use of Information Collected Via the Site

(1) We use the information that you actively provide

  • To deliver services, such as educational programs, information, newsletters or software you request or purchase;
  • To alert you to special offers, updated information and other new services from us, or other third parties, or to forward promotional materials;
  • To complete a transaction or service requested by you;
  • To fulfill the terms of a promotion;
  • To ensure the Site are relevant to your needs;
  • To help us create and publish content most relevant to you;
  • To notify you about a material change to this privacy policy or the Visitor Agreement, if necessary;
  • To allow you access to limited-entry areas of the Site; and
  • To contact you in response to sign up forms such as Contact Us or Order Inquiry.

C. Sharing and Disclosure of Information

We may share or disclose the information you provide, including name and contact details in the following instances:

(i) To fulfill a service to you. For example, if you choose to watch an educational program on the Site, we may share your personally identifiable information in order to provide the program to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.

(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.

(iv) To complete your purchase. If you choose to make a purchase on the Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personally identifiable information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from these Site. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your name and contact or payment details to any third parties.

D. Online Tracking / Third Party Advertising

We use cookies, web beacons, and other tracking technologies for analytics and advertising purposes. When you interact with our Site, interest-based ads may be displayed to you based upon information such as purchasing or browsing behaviors on our Site. These tracking technologies enable us to identify the ads you see, whether you click on them, and other actions you take on our Site, so that we can tailor advertising, including for example avoiding repetition of ad content. We do not use personal information, such as name or contact details, to tailor advertising.

We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Site. Please be advised that such advertising companies may gather information about your visit to the Site or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. These advertisers may read and place cookies on our Site, but they do not have access to personal information such as name or contact details.

Our Site, whether accessed on a computer or a mobile device, is not at this time configured to read or respond to “do not track” settings or signals in your browser headings, which vary by browser provider. In lieu of a browser-based opt-out solution, users can utilize the Digital Advertising Alliance and other approved methods for placement of “opt-out” cookies. Our site and those of our third party advertisers or other vendors are configured to read and honor these opt-out cookies, so long as they are present on your computer. (If you delete all cookies, you will need to reset your opt-out cookies.) Specific instructions on how to do so follow. However, please be aware that we do not control these opt-out processes.

E. Children

The features, programs, promotions and other aspects of this Site requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at contact@philfiretogtrio.com. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.

F. International Transfer of Information

If you choose to provide us with personally identifiable information, we may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and by providing your personally identifiable information you consent to:

  • The use of your personally identifiable information for the uses identified above in accordance with this privacy policy; and
  • The transfer of your personally identifiable information to the United States as indicated above.

G. Opt-Out

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on this Site or if you do not want us to share your personally identifiable information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

H. Forums, Chat Rooms, and Other Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

I. Third Party Web Site

This statement applies solely to information collected on the Site. The Site may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

J. Access to Your Information/Choices

We provide you with an opportunity to access your personal information to ensure it is correct, accurate and current. To edit your personally identifiable information, please contact our customer service representatives at contact@philfiretogtrio.com. If for any reason you are not able to update or edit your personally identifiable information at this page, you can access such information by contacting us as described below. We will make reasonable efforts to accommodate your request.

K. Assignment

In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.

L. Changes to this Privacy Policy

We reserve the right to change this privacy policy from time to time. When we do, we will also revise the “last update” date at the bottom of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site.

M. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

N. Contacting Us

If you have any questions about this privacy policy or our privacy practices, please contact us at contact@philfiretogtrio.com. All information you provide in any written communication will also be covered by this policy.