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Lifetime Brands, Inc. (“Company”, “us” or “we”) recognize the importance of your privacy. Please read the following privacy policy to understand how we will treat your information in connection with our Site located at www.SellFredNow.com (the “Site”).

This privacy policy was last updated on August 15, 2023.

This policy applies to information we collect: (a) on this Site; (b) in e-mail, text and other electronic messages between you and this Site; or (c) through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.

It does not apply to information collected by (a) us offline or through any other means, including on any other Site operated by Company or any third party (including our affiliates and subsidiaries) or (b) any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We may collect several types of information from and about users of our Site, including your name, address, email address, telephone number, credit or debit card number, and other similar information that can be used to identify you (“Personal Data”). Specifically, when you use our Site, we may collect the following:

INFORMATION YOU PROVIDE TO US when you
- Fill in forms on our Site, including when you register to use our Site, add items to your shopping cart, subscribe to our service, post material, request further services, enter a contest or promotion sponsored by us, or when you report a problem with our Site;
- Contact us;
- Respond to surveys;
- Place an order;
- Use the search bar on the Site; or
- Otherwise post or publish on the Site.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.

As you navigate through and interact with our Site, we may use cookies, flash cookies, or web beacons (collectively, “Automatic Data Collection Technologies”) to collect certain information about your equipment, browsing actions and patterns. We may use these technologies to collect information about your online activities over time and across third-party Sites or other online services (behavioral tracking). The information we collect automatically may include personal information or we may associate it with personal information we collect in other ways or receive from third parties. See the section titled “Automatic Data Collection Technologies” below to learn more.

AUTOMATIC DATA COLLECTION TECHNOLOGIES

Automatic Data Collection Technologies help us to improve our Site and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Site according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the section titled "Choices About How We Use and Disclose Your Information" below.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Data:

To present our Site and its contents to you;
To provide you with information, products or services that you request from us;
To fulfill any other purpose for which you provide it;
To provide you with notices about your account;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Site or any products or services we offer or provide through it;
To allow you to participate in interactive features on our Site;
To provide you with communications when you sign up for our text messages;
To administer our Site, including by monitoring and analyzing our Site traffic and usage patterns;
In any other way we may describe when you provide the information;
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your Personal Data in this way, please adjust your user preferences in your account profile. For more information, see the section titled "Choices About How We Use and Disclose Your Information" below.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

COMMUNICATIONS

By providing your wireless phone number(s) to us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of the Company. Your consent to receive calls or texts is not a condition of any purchase. Consent to receive calls or text messages can be revoked at any time. To revoke your consent, please follow the unsubscribe link in the relevant communications or contact us using the link at the bottom of the message. Even after you opt-out or update your marketing preferences, however, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, surveys or recalls, or any questions regarding a specific order. For more information about our text messaging program, please see our Text Messaging Terms of Use.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction:

To our subsidiaries and affiliates;
To contractors, service providers and other third parties we use to support our business;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred;
To third parties to market their products or services to you if you have consented to/not opted out of these disclosures;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information;
With your consent;
To comply with any court order, law or legal process, including to respond to any government or regulatory request;
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.

DATA SECURITY

We have implemented commercially suitable physical, electronic, and managerial measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and Site monitoring. We also limit access to any Personal Data we receive to employees who need access to that information in order to do their jobs.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. Most browsers accept cookies automatically. You can set your preferences by clicking the pop-up banner when you first visit our Site. Please note that you may set your preferences once every 24 hours. You may also be able to set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. For instructions, check your browser’s technical information. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly. Please note that cookie-based opt outs must be performed on each device and browser that you wish to have opted out.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to disclose your personal information with unaffiliated or non-agent third parties for promotional purposes, you can always opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to datarequests@lifetimebrands.com.
Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by clicking the Unsubscribe link in the promotional email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Targeted or Interest-Based Advertising. We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are visiting the Site and elsewhere on the Internet. This practice is known as interest-based advertising. You may visit www.aboutads.info or www.networkadvertising.org to learn more or to opt out. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block, or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.
Google Analytics. We may use Google Analytics to improve our Site’s functions. You can choose not to be included in Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Site and visiting your account profile page.

You may also send us an e-mail at datarequests@lifetimebrands.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your Personal Data without also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request, at one (1) time each year, certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to datarequests@lifetimebrands.com or write us at:

Lifetime Brands, Inc.
Attn: Consumer Services - Data Requests
22 Blake Street
Medford, MA 02155

CHILDREN UNDER THE AGE OF 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at datarequests@lifetimebrands.com.

ADDITIONAL INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

Residents of California, Colorado, Connecticut, Utah, and Virginia (the “States”) may have additional rights. Where we collect Personal Data from residents of the States we comply with the consumer privacy laws of the States (“US Privacy Laws”). This Supplemental US Privacy Notice applies to residents of the States (“you” or “your”).

For the purposes of this Supplemental US Privacy Notice, “Personal Data” means information that is linked or reasonably linkable to a particular individual or household. However, the following categories of information are not Personal Data:

Publicly available information;
Deidentified or aggregated data; or
Information otherwise excluded from the scope of US Privacy Laws.

This Supplemental Privacy Notice provides the following information to residents of the States:

Categories of Personal Data we collect;
Purposes for which we use Personal Data;
Categories of Personal Data we disclose to third parties;
Categories of third parties to which we disclose Personal Data; and
How residents of the States can exercise their rights under US Privacy Laws:
- The right to access, correct, or delete Personal Data;
- The right to obtain a portable copy of Personal Data;
- The right to limit the use of sensitive personal data in certain circumstances; and
- The right to opt out of targeted advertising, sales of personal data, or profiling.

Categories of Non-Sensitive Personal Data

The table below outlines the categories of Personal we collect about residents of the States and whether and how they are disclosed to third parties.

We collect Personal Data from the following sources:

Directly from our users
Inferences from your activity
From our affiliates
From our business partners
From our advertising partners

Category	Examples	Purpose(s)	Disclosure to a 3rd Party	Retention Period
A. Identifiers.	Identifiers may contain the following: name, shipping addresses, billing address, email address, phone number	To communicate with you about your orders or purchases, your account, and your requests for information; to provide customer support in response to your communications with us; to send you updates about new products and offers that may be of interest to you; to tailor your experience at our Sites, showing you content that we think you might be interested in	This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners	For as long as necessary to fulfill our legitimate business purposes.
B. Commercial Information.	Commercial Information may contain the following: order history and preferences	To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites and to provide you with customized Site content	This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners	For as long as necessary to fulfill our legitimate business purposes.
C. Internet / Electronic Activity.	Internet/Electronic Activity may contain the following: Information automatically collected from your browser, such as your browser type, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Site, the amount of time you spend viewing or using the Site, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Site	To improve our Sites, customer service, and user experience	This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners	For as long as necessary to fulfill our legitimate business purposes.
D. Imprecise Geolocational Data.	Imprecise Geolocational Data may contain the following: Information automatically collected from your device, such as your internet service provider’s address; your internet protocol or IP address; your MAC address; your operating system; and the type of handheld or mobile device used to link to the web page	To improve our Sites, customer service, and user experience	This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners	For as long as necessary to fulfill our legitimate business purposes.

We do not collect any Sensitive Personal Data as defined by US Privacy Laws.

Use of Personal Data

We use Personal Data for the purposes described above. Personal Data may also be used or disclosed as otherwise permitted or required by applicable law.

Disclosing Personal Data

We disclose Personal Data to the following categories of third parties:

Processors: We use processors to securely handle Personal Data on our behalf and only on our instructions. These companies may not use your Personal Data for their own purposes.
Affiliates: We may disclose your information to our affiliates, subsidiaries, and representatives as part of providing our services.
Our Analytics and Advertising Partners: We use analytics services to collect and process certain data and to provide you with relevant advertising. These services may also collect information about your use of certain other websites, apps, and online resources.
Our Business Partners: We may disclose relevant personal data to our business partners to provide you with exclusive offers for products and services that may interest you.

See the table above for more details about how different categories of Personal Data are disclosed.

We do not sell Personal Data to anyone.

Exercising Your Personal Data Rights

Residents of the States may have the following rights under US Privacy Laws:

The rights to access, correct, or delete Personal Data;
The right to obtain a portable copy of Personal Data;
The right to limit the use of Sensitive Personal Data in certain circumstances; and
The rights to opt out of targeted advertising, sales of personal data, or profiling.

If you are a resident of a State, you can submit a request to exercise your Personal Data rights under US Privacy Laws by visiting our online portal at https://www.requesteasy.com/637e-8045. To protect your privacy, we may need to authenticate your identity before we respond to your rights request. We will use commercially reasonable efforts to verify your identity for this purpose. Any information you provide to authenticate your identity will only be used to process your rights request. Please be aware that we do not accept or process rights requests through other means (e.g., via fax or social media).

After submitting your request online, you will receive a follow-up email, which may include a link you must click on in order to verify your identity. If you do not click on that link, we may be unable to complete your request due to lack of verification. It is important that you provide a valid email address in order for us to be able to process your request.

We will respond to your rights request within 45 days, though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. Also note that each of the rights are subject to certain exceptions. If you believe our response to your rights request is insufficient, you can appeal our decision by contacting the Data Protection Compliance Officer at datarequests@lifetimebrands.com and we will inform you of our final decision within 45 days.

We reserve the right to decline to process, or charge a reasonable fee for, requests that are manifestly unfounded, excessive, or repetitive.

Targeted Advertising

“Targeted advertising” as used in this Privacy Notice means the disclosure of Personal Data to a third party for behavioral advertising. An example of this is displaying advertisements where the advertisement is selected based on Personal Data obtained from that person’s activities over time and across nonaffiliated websites or online applications to predict such person’s preferences or interests. We disclose some Personal Data for behavioral advertising. You can opt out of the sharing of your Personal Data for targeted advertising by submitting a rights request as described above.

Limiting the Use of Sensitive Personal Data

You may have the right to limit some uses of Sensitive Personal Data. In particular, you may direct companies not to use Sensitive Personal Data except as necessary to provide goods or services you have requested. However, we do not collect or Process any Sensitive Data.

Authorized Agent Requests

You may designate an authorized agent to make a rights request on your behalf. Your authorized agent may submit such a request by following the same method described above. We may require verification of your authorized agent in addition to the information for verification above for US residents and households.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights under US Privacy Law. Unless permitted by the applicable US Privacy Law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

INTERNATIONAL VISITORS

Our Site is hosted and operated in the United States. By using the Site, you are consenting to the transfer of your Personal Data to the United States. If you are accessing the Site from outside of the United States, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction. To learn more about your rights under international laws, please email datarequests@lifetimebrands.com.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Site home page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Lifetime Brands, Inc.
Attn: Data Protection Compliance Officer
1000 Stewart Avenue
Garden City, NY 11530

This website is operated by Lifetime Brands, Inc. and its subsidiaries, owner or authorized licensee of the trademarks, logos and trade dress referenced herein (“Marks”). “Website” means the website located at www.SellFredNow.com, any subsequent URL which may replace it, and all associated websites, URLs, mobile applications and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

By accessing this Website, you agree to be bound by the Terms of Use set forth herein. If at any time you do not agree to these Terms of Use, please do not use this Website.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

1. Intellectual Property Ownership and Use

1.1 You acknowledge and agree that the Trademarks (hereinafter “Marks”), Copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2 We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or any of our Marks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

1.3 You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission.

1.4 All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Infringement Notice

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: webstore@genuinefred.com.

2.2 In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated, along with any evidence of such rights (e.g., copyright registration certificate, etc.);

c. Information reasonably sufficient to locate the material in question on the Website;

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. Errors and Inaccuracies

3.1 We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.

3.3 IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND IN UNUSED CONDITION.

4. Changes to Website or These Terms of Use

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. External Sites and Resources

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

6. Orders, Price, Resale and Refuse Shipments

Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. A refused shipment occurs when the customer refuses to accept the package during a delivery attempt. If you refuse delivery in place of contacting us to obtain proper return instructions, you may be assessed a fee to cover return shipping and labor charges. This cost will be passed along to you in the form of a deduction from the total credit due to you. In addition, refused shipments may be considered an unauthorized return and subject to the policies thereof.

7. Online Services

7.1 The Website contains or may contain various interactive portions, such as a user forum, product reviews, message board or other types of interactive features that allow users to post content on our Website (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments, product reviews, and other content posted or uploaded by a user (“User Content”) express the views and opinions of the User and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

7.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to webstore@genuinefred.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

7.3 By using this Website, you agree that:

a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.

d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

7.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.

7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

7.6 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

7.7 If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

7.8 This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

8. Sales, Shipping, and Returns

8.1 We accept all major credit cards and PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

8.2 For a multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

8.3 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

8.4 We will ship your order as it is received. Usually, products ship the same day if ordered by 5:00 PM (Eastern Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

8.5 We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.

8.6 We shall automatically charge and withhold the applicable sales taxes.

9. Disclaimers

9.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

9.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

10. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

11. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

12. Miscellaneous

12.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

12.2 These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of New York and the courts located in the City and County of New York will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

13. Digital Gift Cards

The following terms of use (the "Terms") apply to the purchase and use of Genuine Fred Digital Gift Cards. Your purchase or use of the Digital Gift Cards constitute your agreement to follow and be bound by these Terms.

13.1 Redemption & Use. Digital Gift Cards are redeemable online at GenuineFred.com. Digital Gift Cards may not be returned or applied as payment on any account. Digital Gift Cards may not be redeemed for cash except as required by law. All Digital Gift Cards will be electronic, no physical cards will be sent. You can print out Digital Gift Cards.

Returned merchandise purchased with a Digital Gift Card will be refunded to a Digital Gift Card. Purchases will be deducted from each card’s balance until the value reaches zero dollars.

13.2 Balance Inquiry. You can enter your Digital Gift Card number at checkout and you will be able to see the discount amount applied towards your order.

13.3 Expiration & Fees. Digital Gift Cards do not expire, and there are no fees associated with them.

13.4 Lost, Damaged or Stolen Cards & Fraud. If lost, stolen or damaged, Digital Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. Genuine Fred will not be responsible if your Digital Gift Card is used without your permission. If we learn our customers were negatively impacted by an issue with our Digital Gift Card systems, we will work quickly to take care of them. Title to and risk of loss for Digital Gift Cards pass to the purchaser upon sale. Please treat your Digital Gift Card like cash and safeguard it accordingly. Genuine Fred does not send lost or stolen Digital Gift Cards to other email addresses not on file that were used at the time of purchase. Genuine Fred reserve the right to refuse to accept Digital Gift Cards that Genuine Fred suspects or believes were obtained fraudulently.

13.5 Limitation of Liability. GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND GENUINE FRED DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DIGITAL GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENUINE FRED AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR DIGITAL GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. GENUINE FRED AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE DIGITAL GIFT CARDS OR USE OF SUCH DIGITAL GIFT CARDS. IN THE EVENT THAT GENUINE FRED OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR DIGITAL GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY WHERE PROHIBITED BY LAW.

13.6 General Terms. We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. 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.

14. Contact Information

You may send us notices or communicate with us by email to webstore@genuinefred.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED August 2023