DrainFunnel LLC Terms of Service & Privacy Policy 

Conditions of Use

Last Updated: April 6, 2020

 

Thank you for using Our products and services (“Services”). The Services are provided by Drain Funnel LLC (“Drain Funnel”; “Us”; “Our”; “We”), located in Glendale, AZ.

 

By using Our Services, you are agreeing to these terms. Please read them carefully. Any person or entity who interacts with DarinFunnel.com through the use of devices such as, but not limited to, crawlers, robots, browsers, data mining or extracting tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using DrainFunnel.com. If at any time you do not accept all of these Conditions of Use, you must immediately stop using DrainFunnel.com.

 

1. Using Our Services

You must follow any policies made available to you within the Services. We offer a number of Services, and sometimes additional terms may apply. You agree not to use DrainFunnel.com if you are under 13 years old or prohibited from using Our Services under applicable laws.

 

2. Electronic Communications

When you use Our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with Us electronically. You consent to receive communications from Us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communication be in writing.

 

3. Copyright

All content included in or made available through any of Our Services, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Drain Funnel and protected by United States and international copyright laws. The compilation of all content included in or made available through any of Our Services is the exclusive property of Drain Funnel and protected by U.S. and international copyright laws.

 

4. Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Our Services are trademarks or trade dress of Drain Funnel in the U.S. and other countries. Drain Funnel’s trademarks and trade dress may not be used in connection with any product or service that is not Drain Funnel’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Drain Funnel. All other trademarks not owned by Drain Funnel that appear in any of Our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Drain Funnel.

 

5. License and Access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Drain Funnel or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Our Services. This license does not include any resale or commercial use of any of Our Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of Our Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gather and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Drain Funnel or its licensors, suppliers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Drain Funnel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Drain Funnel without express written consent. You may not use any meta tags or any other “hidden text” (i.e., computer text that is displayed in such a way as to be invisible or unreadable) utilizing Drain Funnel’s name or trademarks without the express written consent of Drain Funnel. You may not misuse Our Services. You may use the Services only as permitted by law. The licenses granted by Drain Funnel terminate if you do not comply with these Conditions of Use or any Service Terms.

 

6. Risk of Loss

All purchases of physical items from Drain Funnel are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Our delivery to the carrier.

 

7. Returns, Refunds, and Title

Drain Funnel does not take title to returned items until the item arrives at Our fulfillment center. At Our discretion, a refund may be issued without requiring a return. In this situation, Drain Funnel does not take title to the refunded item.

 

8. Product Descriptions

Drain Funnel attempts to be as accurate as possible. However, Drain Funnel does not warrant that the product description or other content of any Services is accurate, complete, reliable, current, or error-free. If the product itself is not as described, your sole remedy is to return it in unused condition.

 

9. Sanctions and Export Policy

You may not use any Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Our Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods or Services.

 

10. Disclaimer of Warranties and Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DRAIN FUNNEL OR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE DRAINFUNNEL.COM. THIS PRODUCT IS NOT INTENDED FOR USE WITH DRAINS THAT ALREADY HAVE SLOW DRAINING WATER OR ARE CLOGGED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF DRAIN FUNNEL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH DRAINFUNNEL.COM, ANY CONTENT ON DRAINFUNNEL.COM, OR THESE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DRAINFUNNEL.COM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY, WITH RESPECT TO RESIDENTS OF NEW JERSEY, DRAIN FUNNEL OR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBISTE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE DIRECT, SOLE RESULT OF DRAIN FUNNEL’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

 

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES ARE PROVIDED BY DRAIN FUNNEL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DRAIN FUNNEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, DRAIN FUNNEL DISCLAIMS ALL WARRANTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRAIN FUNNEL DOES NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, DRAIN FUNNEL’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM DRAIN FUNNEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DRAIN FUNNEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF OUR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIONAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

11. Disputes

Any dispute or claim relating in any way to your use of Our Services, or to any products or services sold or distributed by Drain Funnel or through DrainFunnel.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if yOur claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration or claim in small claim court shall be conducted in the State of Arizona in the County of Maricopa.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-788-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

 

12. Applicable Law

By using Our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Drain Funnel.

 

13. Indemnification and Defense

As a condition of use of DrainFunnel.com, you agree to defend, indemnify, and hold harmless Drain Funnel and its respective employees, officers, managers, members, agents, vendors, and suppliers from and against any and all liabilities, losses, investigations, inquiries, claims, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expense) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Conditions of Use, or any user content submitted by you.

 

14. Site Policies, Modifications, and Severability

Please review Our other policies posted on DrainFunnel.com. These policies also govern your use of Our Services. We reserve the right to make changes to Our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

15. Other

These Conditions of Use supersede any prior agreements, prior conditions of use, or terms of service.

 

16. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding DrainFunnel.com, please send an email to justin@drainfunnel.com. You may also contact Us by writing to 4142 W. Charlotte Dr. Glendale, AZ 85310 or by calling (623) 628-8641.

Drain Funnel Privacy Policy

Last updated: April 6, 2020

 

By visiting DrainFunnel.com, you are accepting the practices described in this Privacy Policy.

 

What Personal Information About Customers Does DrainFunnel.com Gather?

  • Information You Give Us: We receive and store any information you enter on Our website or give Us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of Our features. We use the information you provide for such purposes as responding to your requests, customizing future shopping for you, improving Our website, and communicating with you.

  • Automatic Information: We receive and store certain types of information whenever you interact with us. For example, We use “cookies,” and We obtain certain information when your browser accesses DrainFunnel.com.

 

Cookies

  • Cookies are unique identifiers that We transfer to your device to enable Our systems to recognize your device and to provide features.

  • The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s setting or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of DrainFunnel.com’s essential features, We recommend that you leave them turned on.

 

Does DrainFunnel.com Sell the Information It Receives?

We do not sell information about Our customers to others.

 

Third Party Sharing

For the purposes of this Privacy Policy, an “Account Connection” with a third-party is a connection you authorize or enable between your account and a non-Drain Funnel account, payment instrument, or platform that you lawfully control or own. When you authorize an Account Connection, Drain Funnel and the third-party will exchange some of your personal data and other information directly. Examples of account connections include:

  • Connecting your account to a third-party data aggregation or financial services company, if you provide such company with your account log-in credentials; or

  • Using your account to make payments to a merchant or allowing a merchant to charge your account.

 

If you choose to create an Account Connection, We may receive information from the third-Party about you and your use of the third-party’s service. If you connect your account to other financial accounts, directly or through a third-party service provider, We may have access to your account and transactional information.

 

Information that We share with a third-party based on an account connection will be used and disclosed with the third-party’s privacy practices. Before authorizing Account Connection, you should review the privacy notice of any third-party that will gain access to your personal data information as part of the account connection.

 

What Options Do You Have?

  • You can always choose not to provide information, though it may be required to make a purchase.

  • You can add or update certain information.

 

Age Restrictions

DrainFunnel.com does not sell products for purchase by children. If you are under 18, you may use DrainFunnel.com only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

 

Conditions of Use, Notices, and Revisions

If you choose to visit DrainFunnel.com, your visit and any dispute over privacy is subject to this Privacy Policy and Our Conditions of Use, including limitations on damages, resolution of disputes, and applicable law of the State of Arizona. If you have any concern about privacy at DrainFunnel.com, please contact Us with a thorough description, and We will try to resolve it. Our business changes constantly, and Our Privacy Policy and Conditions of Use will change also. We may email periodic reminders of Our notices and conditions, but you should check Our website frequently to see recent changes. Unless stated otherwise, Our current Privacy Policy applies to all information that We have about you and your account.

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