THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
DEFINITION “Fury Foam” as used herein means Got Fury LLC, and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.
HIGH RISK ACTIVITY Products sold by Got Fury LLC include Fury Foam gear used in gaming and all sports and fitness training. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities
ASSUMPTION OF THE RISK By buying, using, providing, or allowing the use of Got Fury LLC products, you understand and agree that using Fury Foam for its intended purpose is a high risk activity and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Got Fury LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Got Fury LLC. Additionally, you agree to indemnify, defend and hold Got Fury LLC harmless from any third party claims arising from such High Risk Activities.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS Before you allow others to use a Got Fury LLC product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of personal injury, and (c) you agree to indemnify, defend, and hold Got Fury LLC harmless from any claims made by them arising from their use of Got Fury LLC products.
WARRANTY DISCLAIMER Got Fury LLC warrants its products to be free from defects in materials and workmanship for a period of 120 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Everlast’s sole liability is limited to repairing or replacing products that are returned within this 120-day period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY As set forth above under the limited warranty provisions, Everlast’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Got Fury LLC’s liability exceed the value of the products sold. Got Fury LLC shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments.
WARNING Use and misuse of products sold through Fury Foam’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, involves serious risks including injury. Purchasers, users and participants assume all risk of injury. Got Fury LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Fury Foam’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments.
APPLICABLE LAW AND RESOLUTION OF DISPUTES Your order from Everlast shall be interpreted and construed in accordance with laws of the State of Delaware without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Delaware and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of Fury Foam products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, must be commenced within one (1) year after the claim or cause of action arises.
Fury Foam WORLDWIDE PRIVACY POLICY – Got Fury LLC collect customer information to help us to serve you better. We respect your privacy and are committed to maintaining and using this information responsibly. This privacy policy addresses the use and disclosure of personal information we collect from you. By visiting any of our websites, or providing your information to us, you are accepting the practices described in this privacy policy.
INFORMATION WE COLLECT ABOUT YOU Any personal information you provide to us is maintained on secure servers and our internal systems. We collect information when you register online or update your account, log-in, place an order, opt-in to receive our emails, shop online, or participate in a sweepstakes, contest, promotion or survey. This information may include, but is not limited to, your contact information and your credit card information. If you create an online account, you also have the option of providing your product preferences and demographic information. If you use our “email this to a friend” functionality found on all product pages, or if you choose to send an email from our site to a friend, we will also collect your friend’s name and email address. Your friend’s information is only used to send the forwarding email and is not saved in our customer or marketing databases. In addition to the information that you voluntarily provide when using our site, we may also record information that your web browser routinely shares with websites. This may include your browser type, browser language, Internet Protocol address, software and hardware attributes, the date and time of your visit, the geographical location of the Internet Protocol address, and the pages that you visit. This will generally be anonymous data that we collect on an aggregate basis. We will not try to associate anonymous data with your personally identifiable data.
We have implemented Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting on this site. Third-party vendors, including Google, show you ads on sites across the Internet. You and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on someone’s past visits to your website. You can customize your experience by adjusting the ads settings in your Google account. We will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected unless you have robust notice of, and the user’s prior affirmative (i.e., opt-in) consent to, that merger.
HOW WE USE THIS INFORMATION When you supply your postal address, by placing an order,we may occasionally make our postal list available for limited use by unaffiliated third parties. When you place an order on any of our websites, we use this information to process and track your order and contact you via email, postal mail or phone if we have any questions or concerns regarding your order. If you provide an email address during checkout, you will also receive order confirmation and shipping status emails. We also maintain a record of your purchases made on any of our websites and combine this with information you have provided in our retail stores or over the phone in order to serve you better. We may also share your information, including, without limitation, your email address (but not your credit card information) with unaffiliated third parties that would enable them to contact you about products or services you may be interested in.
MARKETING EMAIL COMMUNICATIONS At various points on our websites, you have the option to join our email list and receive information about our products, services and offers. Also, if you provide us with your email address when you register online or update your account, log-in, place an order, opt-in to receive our emails, shop online, request a catalog or participate in a sweepstakes, contest, promotion or survey, you may automatically be added to our email list and receive marketing or promotional information from us. If you do not wish to receive Fury Foam marketing emails, you may opt out by clicking on the unsubscribe link found at the bottom of all Fury Foam marketing emails, or you may email customer service at support@furyfoam.com with the following:
- The phrase “no email” in the subject line
- Your name and email address
HOW WE WORK WITH THIRD PARTY SERVICE PROVIDERS Some of our websites are operated by licensees, and we require them to follow these same privacy practices, except that they will also share the information they collect with us. Got Fury LLC works with reputable third parties who perform services on our behalf. Sometimes these service providers need information about our customers in order to do their jobs, such as fulfill orders and promotions, maintain and manage our customer database and report on customer behavior and/or preferences. When Got Fury LLC allows these service providers access to your information, we require them to maintain your information in confidence and we do not permit them to use it in any way other than to help us provide you with better service. We currently use the services of a few carefully selected marketing companies to help manage and optimize our Internet business and communications. These companies help us to measure the effectiveness of our advertising and better understand how visitors use our sites. To do this, cookies and web beacons are placed on our websites on our behalf. The type of information collected in this manner includes pages visited, products viewed and products placed in your shopping cart. By supplementing our records, this information helps us to identify what pages are most attractive to our visitors, which of our products most interest our customers and what kinds of offers our customers like to see. Although our marketing partners record the information coming from our sites on our behalf, the data subsequently retrieved cannot be used for any reason without our authorization. If you prefer that we not include your information in our ongoing analysis to improve our websites, products and offers, you can “opt-out” by emailing support@furyfoam.com. In addition, we may share statistical, demographic and other non-personally identifiable information with third party companies to help manage and optimize our Internet business and communications.
YOUR ONLINE ACCOUNT When setting up an online account at any of our websites, you will be prompted to select a password. The retrieval of personal information relating to you and your order history is only available to you if you provide the correct password that you have created. After providing your password, you can edit or delete your information at any time through the “my account” page.
If you forget your password, you can request that it be emailed to your email address. We will not give passwords out over the phone, nor will we email them to a different address than the one used to register. If you request to have your password emailed to you, your credit card information will be automatically deleted from your profile for your protection.
Your address book, located in the “my account” page of each website, is your personal storage space. We do not use the information in your address book to send email promotions or catalogs by mail. When you enter names in your address book, those names will be accessible on your computer to place online orders on our website, whether you are logged in or not. If you are using a public computer, please click on the link on your order confirmation page that prompts you to “click here to clear all information” after placing your order to maximize privacy.
LINKS TO OTHER SITES To enhance your shopping experience, our websites may include links to other sites outside our family of brands. Those websites will have their own privacy policies that you may wish to review. Got Fury LLC has no responsibility for these linked websites, outside of our family of brands.
PRIVACY OF YOUNG CHILDREN Got Fury LLC is concerned about the privacy of young children and we do not knowingly collect any personal information from a child under 13.
YOUR CALIFORNIA RIGHTS Got Fury LLC collects various types of personal information about you both online and offline, as described in this privacy policy. Under California law, customers of Got Fury LLC who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes.
To make such a request, please write to us at the following address: Got Fury LLC, Attn: Customer Service, 22 North Durkee Lane, East Patchogue NY 11772
SECURITY The security of your information is very important to us. We use 256-bit Secure Socket Layer (SSL) technology to protect the security of your online order information. SSL technology encrypts your order information to protect it from being decoded by anyone other than Got Fury LLC. . Once you enter the checkout page your computer will begin communicating with our server in secure mode. You can tell that you are in secure mode by the following:
- The “http” in the web address will be replaced by “https”
- Depending on the browser, you will see either a padlock or a solid key in the lower section of the browser window
While we implement these and other security measures on our sites, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
ACCESSING OUR WEB SITES FROM OUTSIDE THE US If you visit one of our websites from outside of the U.S., you may be directed to a site that operates in the specific country or region from which you are accessing the internet. In that case, you will be subject to the privacy practices associated with that site, which may be different than the practices on the U.S. site. If you are visiting our U.S. websites from a location outside of the United States, you will be connected through and to servers located within the United States.
All online orders will be accepted and fully processed in and shipped from the United States and all information you provide will be securely maintained on web servers and our internal systems located within the United States. By providing your information to us, you agree that all personal information will be used in accordance with this privacy policy.
PRIVACY POLICY UPDATES We may update our privacy policy from time to time and our use of the information we collect is subject to the terms of the privacy policy in effect when we collect that information. Whenever we make a change, we will post the updated policy at this site and we encourage you to check our policy periodically. If we propose to modify our policy in a way that would significantly change the way that we use your information, we will provide you with a meaningful way to opt out of those new uses.
Effective as of 8/01/2019.