Available Monday - Friday between 10 AM - 5 PM ET excluding holidays.
595 Madison Avenue, 5th Floor
New York, NY 10022
You will receive a confirmation email once we receive your order. When your order has shipped, we will send you an additional email that includes a tracking number for your package. Please note that it may take up to 48 hours after your package has been shipped by AERIN.com for the tracking information to appear in the carrier’s (i.e., UPS, FedEx) system.
Upon receiving the shipping confirmation, AERIN account holders may sign into their accounts on AERIN.com and review status updates of their orders. Please reference both your AERIN.com Order # and if available your tracking # when contacting Customer Service and we will do our best to help you as soon as possible.
Once an order is submitted we are unable to change or cancel the order. If you have additional questions about your order, please contact AERIN Customer Service directly by phone at 1-347-395-7720 between 10AM – 5PM EST Monday through Friday, or by email at email@example.com.
You may receive exclusive offers that can be applied to orders by using the promotional code during checkout. Please note that promotional codes cannot be combined with any other offer or discount and are only redeemable on AERIN.com. In order to take advantage of these offers, please enter the provided code in the space provided on the 'Cart' page and will be applied to your order prior to confirmation.
Sales tax will be added to orders shipping to the following states: New York, New Jersey, California, and Florida. Please note that tax calculations are based on state and county locations of the shipping address on your order. Shipments to any other state will not include tax.
We will communicate information about your order by email.
You will receive an order confirmation email once your order has been received. In addition, we will send you an email when your order has shipped that includes the tracking number for your package.
Shipping Methods & Costs
For items being shipped from our warehouse, we currently offer (2) shipping methods within the continental United States. All orders may require up to 72 hours or 3 business days from the time they are placed for processing, pending stock availability and credit card verification.
- Standard Ground Delivery by UPS within 5 to 7 days after processing.
- 2-Day Delivery by UPS within 48 business hours after processing, if placed before 1 PM EST Monday – Friday.
Our shipping and processing charges cover the expenses we incur in processing your order, packing the purchased item(s), transportation and related overhead.
For items shipped directly from the vendor (i.e., dropship), we currently offer standard ground shipping within the continental United States. All orders may require up to 120 hours or 5 business days from the time they are placed for processing, pending stock availability and credit card verification.
Delivery is defined as one shipping method selected for delivery to one address.
|Delivery Time||5–7 Business Days||2 Business Days|
|Up to $150||$10||$15|
|$150.01–$500.00+||FREE||10% of Order Total|
|$500.01–$1000.00+||FREE||7% of Order Total|
UNFORTUNATELY AT THIS TIME, WE DO NOT OFFER:
- International Shipping
- Saturday/Holiday delivery
- Delivery to a PO Box, Military Post Office or Freight Forwarding Company
- Shipping to Alaska, Hawaii, or Puerto Rico
- AERIN will contact you with a follow-up email if the merchandise you have selected is not currently in stock.
- You will not be charged for any item until it is being prepared to ship.
- Orders placed on weekends and holidays will begin processing on the next business day.
Refusal of Delivery
If you refuse delivery of any order placed on AERIN.com the package will be returned to our warehouse. Upon receipt of the item in original condition/original packaging you will receive a refund for the merchandise and tax paid, but shipping charges are non-refundable.
If for any reason you are not happy with your AERIN.com purchase, you may return the unused item to us for a full refund. We will only accept returns for items that have not been used, altered, or worn in any way. All tags must be attached and the product must be in its original packaging.
Full-priced merchandise must be returned within 30 days from date of delivery. Sale merchandise must be returned within 15 days from date of delivery. Final sale merchandise will be noted on the website. Shipping costs are non-refundable. Upon receipt of returned goods, AERIN reserves the right to deny refund if the merchandise does not meet return policy requirements. Refunds may only be issued in the same form as original payment.
At this time, AERIN.com only offers UPS return labels for domestic return addresses. Please note that only products purchased on AERIN.com may be returned for refund.
AERIN will refund the original form of payment you provided. We will process your refund within approximately 14 days of receiving your merchandise and will send you an email confirmation once your return has been processed. Your banking institution may require additional days to process and post this transaction to your account. Please allow 1 – 2 billing cycles from the day you return your package for your account to be credited.
- Item(s) must have never been installed or modified in your possession.
- Item(s) must be in the original carton, complete with all original packaging. The item(s) must be packed exactly as it was shipped. Any variation may result in damage to the item(s), and can lead to a refusal of your return.
Upon receipt of returned goods, AERIN reserves the right to deny refund if the merchandise does not meet return policy requirements.
At this time, AERIN.com only offers UPS return labels for domestic return addresses. Please note that only products purchased on AERIN.com may be returned for refund.
AERIN will process your refund within approximately 14 days of receiving your merchandise in the original form of payment you provided. Once your return has been processed, we will send you and email confirmation. Your banking institution may require additional days to process and post this transaction to your account. Please allow 1-2 billing cycles from the day you return your package for your account to be credited.
- Please log into your AERIN.com account and navigate to your order. Click "Return" to start the returns process. Upon submission of your return request, you will receive a pre-paid shipping label via email.
- Alternatively, please contact AERIN.com for your pre-paid UPS return shipping label by email at firstname.lastname@example.org or phone at 1-347-395-7720
- Select the applicable return reason code on the return form included in the shipment.
- Pack your shipment with the return form and the original packing slip. We recommend that you package your return merchandise securely in its original packaging.
- Print the UPS return shipping label and affix to the exterior of the box.
- When your order arrives, please inspect the carton for any damage that may have occurred during shipment. It is normal for a shipping carton to show some wear, however, if damage occurred to the item(s) in your shipment, please contact us immediately at 1-347-395-7720
- Please provide the order number along with your email address and phone number for expedited service.
- To assure prompt resolution, please retain the shipping box, packing materials and the damaged items for inspection by the carrier.
Items purchased at an AERIN store or any other retailer selling AERIN merchandise cannot be returned to AERIN.com.
AERIN will honor a one-time price adjustment within 10 days of the shipment date. To receive a price adjustment, please contact AERIN Customer Service by phone at 1-347-395-7720 or by email at email@example.com and refer to the order number found on your packing slip or order confirmation email. Some promotions may be excluded.
This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Sites”). “You/your/user(s)” means you as a user of our Sites.
We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. All payment transactions will be handled through our third party payment processor, and we will not have access to your credit card number or other such financial data.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Sites, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites.
INFORMATION WE COLLECT
We collect various information that identifies you as a person (“Personal Information”) in two ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information when you use our Sites.
Personal Information You Provide to Us
The Personal Information you provide to us is generally:
- contact details including name, email, telephone number and shipping, billing address
- login and account information, including unique user ID and password
- personal details including date of birth (optional) and purchase history
- payment or credit card information through our third-party payment processor
- personal preferences including marketing preferences
We collect Personal Information directly from you when you provide it to us. This typically occurs when you:
- Sign up for our email list
- Place an order with us online
- Buy a product at any of our retail locations
- Send us an email or other communication
- Register for an account with us
- Participate in our promotions, surveys, and/or contests
We also collect information, some of which may be Personal Information, through automated means when you visit our Sites (“Automated Information”) such as:
- the IP address of the device you use to connect to the internet (which may include information about your geographic location)
- the unique identifiers of your device
- your browser characteristics
- your device characteristics
- your operating system
- your language preferences
- the URLs through which you were referred to our Site
- information on actions taken by you on our Site
- dates and times of your visits to our Site
- the pages you accessed on our Site
We collect Automated Information automatically as you navigate through our Site as explained further below.
We may collect information, which may include certain Personal Information data such as your IP address, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (a) IP-address; (b) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (c) unique device identifier and device type; (d) domain, browser type and language; (e) operating system and system settings; (f) country and time zone; (g) previously visited websites; (h) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (i) access times and referring URLs.
Most web browsers automatically accept cookies. If you do not wish to have cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser in order to do this. However, please note that not accepting cookies may make certain features of our Sites unavailable or difficult to view or use.
In some of our email messages we may use a “click-through URL” linked to content on our Sites. When you click one of these URLs, you will pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Sites. If you prefer not to be tracked through our emails, simply avoid clicking text or graphic links in the email.
Third parties may also collect information via our Sites through cookies, third party plug-ins and widgets in order to deliver our targeted advertisements to you across the Internet.
Our web server may collect clickstream information such as the address (or URL) of the website that you came from before visiting the Sites, which pages you visit on the Sites, which browser you used to view the Sites, and any search terms you may have entered on our site, among other things. The Sites may also use other technologies to track which pages our visitors view.
HOW WE USE THE INFORMATION WE COLLECT
Most commonly we will use your Personal Information in the following circumstances:
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so in order to perform a contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Sites. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide order fulfillment and/or delivery services; and (h) provide other services designed to assist us in developing and running our Sites and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of the Sites or the public.
TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Sites and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies ( www.networkadvertising.org).
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes. See the “Privacy Notice for California Residents” here.
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.
YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties.
If you do not want us to use information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
When using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
Our products and services use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To access the Google Analytics Opt Out Browser Add-on, visit https://support.google.com/analytics/answer/181881?hl=en
DISCLOSURE FOR LEGAL PURPOSES
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Sites, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
NOTICE TO CALIFORNIA CONSUMERS
If you are a resident of California, please refer to the Privacy Notice for California Residents for specific provisions that apply to you.
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: firstname.lastname@example.org and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
- Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.
- Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
- Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
- Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
- Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
We do not knowingly permit persons under 18 years of age to use the Sites, and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
If you have any questions about your privacy or security at the Sites, or wish to update your Personal Information, please send an email to email@example.com
DATE LAST MODIFIED: July 14, 2020
The following applies to you only if you are a California resident.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: firstname.lastname@example.org and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
- We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
- Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
- We allow the collection of users’ behavioral tracking by third parties for analytical purposes and to deliver advertisements to you regarding our products.
Your Rights and Choices
The California Consumer Privacy Act (“CCPA”) provides consumers who are California residents with specific rights regarding their Personal Information.
Right to Know About Personal Information Collected, Disclosed, or Sold
As a California consumer, you have a right to request what Personal Information we collect, use, disclose, and sell.
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:
- The categories of Personal Information we collected about you
- The categories of the sources for the Personal Information we collected about you
- Our business or commercial purpose(s) for collecting or selling that Personal Information.
- The categories of third parties with whom we shared that Personal Information.
- The specific pieces of Personal information we collected about you
In addition, if we sold or disclosed your Personal Information to third parties, we will provide you with two separate lists disclosing:
- Disclosures for a business purpose, identifying the Personal Information categories disclosed that each category of recipient; and
- Sales and/or disclosures for a commercial purpose, identifying the Personal Information categories that each category of each category of recipient.
Right to Request Deletion of Personal Information
As a California consumer, you have the right to request that we delete any or all of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request to delete your Personal Information if retaining the Personal Information is necessary for us or our service providers to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
- Debug products to identify and repair errors that impair existing intended functionality
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
- Comply with a legal obligation
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it
Right to Opt-Out of the Sale of Personal Information
As a California consumer, you have the right to opt-out of the sale of your Personal Information. Under our understanding of the CCPA, we do not sell your Personal Information.
Right to Non-Discrimination if You Exercise any of Your Rights
As a California consumer, you have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, if you exercise any of your California rights, 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.
How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either:
- Calling us at 866-647-3330
- Emailing us at email@example.com
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or your authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with your Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Information We Collect From California Consumers
We collect Personal Information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal Information does not include:
- Publicly available information that is lawfully made from federal, state, or local government records
- Deidentified or aggregated consumer information
- Medical information or protected health information governed by California and federal health information privacy laws
- Clinical trial information subject to the Federal Policy for the Protection of Human Subjects (the Common Rule)
- Personal information regulated by the Fair Credit Reporting Act (FCRA)
Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other:
|Category of Personal Information||Examples||Collected|
|A. Identifiers||A real name, postal address, unique personal or online identifier, Internet Protocol (IP) address, email address, telephone number||YES|
|B. Personal Information described in the California Customer Records statute (Cal.Civ.Code §1798.80(e))||All of the Identifiers listed above, plus: Bank account number, credit card number, debit card number, or any other financial information through our third party payment processors||YES|
|Signature, social security number, physical characteristics or description, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, medical information, or health insurance information||NO|
|C. Legally Protected Characteristics||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)||NO|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies||YES|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or similar network activity||Browsing history, search history, information regarding a consumer's interaction with a website, mobile application, or online advertisement||YES|
|G. Geolocation data||Physical location or movements||YES|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information||NO|
|I. Employment information||Professional or employment-related information||NO|
|J. Education information, defined as nonpublic personally identifiable information under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g and 34 C.F.R. Part 99)||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records||NO|
|K. Inferences drawn of other categories of Personal Information||A profile created about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes||NO|
We obtain the categories of Personal Information listed above from the following categories of sources:
Directly from our Users. For example, from information that you provide to us through our online forms, email, or other means
Indirectly from activity on our Sites. For example, from website usage details collected automatically
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order
- To provide you with information, products or services that you request from us
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us , including for billing and collections
- To improve our Sites and present the contents to you
- For testing, research, analysis and product/service development
- As necessary or appropriate to protect the rights, property or safety of us, our Users, or others
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
- As described to you when collecting your Personal Information or as otherwise set forth in the California Consumer Privacy Act (CCPA)
- To evaluate or conduct 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 is among the assets transferred
We may also use or disclose the Personal Information we collect for the following commercial purpose: to advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to third parties for a business purpose:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories
- Category D: Commercial information
- Category F: Internet activity
- Category G: Geolocation Data
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to third parties for a commercial purpose:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories
- Category D: Commercial information
- Category F: Internet activity
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates.
- Our service providers
- Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you
products or services we provide to you In the preceding twelve (12) months, we have not sold any Personal Information as we understand the meaning of “sale” under the CCPA.
Grievances and Complaints
Under California Civil Code Section 1789.3, residents of California who use this Website 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 firstname.lastname@example.org.
Contact for More Information
Date last updated: July, 14, 2020
PROPOSITION 65 FOR CA CUSTOMERS
To learn more about California Proposition 65, more formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, please visit https://oag.ca.gov/prop65/faq#public
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, 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.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
You acknowledge and agree that all of our trademarks, logos, 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.
You may not shall not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.
All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data 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.
ERRORS AND INACCURACIES
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 of products, 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.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.
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.
We may alter these Terms 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 have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.
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.
ORDERS, PRICE AND RESALE
Nothing on the Website constitutes a binding offer to sell you any 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 or you have already paid for the products and your order is canceled, we will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Our order policy can be accessed at https://www.aerin.com/help#orders
We will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and handling charges as indicated when you submit your order. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
For a multiple product orders, we will 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. 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.
Your order will ship as it becomes available, and our order processing company will make reasonable efforts to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. 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.
We will endeavor to charge you for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that has not been taxed by us and pay the sales or use tax on those purchases unless exempt under applicable law. We do do not offer international shipping at this time
Our shipping policy can be accessed at https://www.aerin.com/help#shipping
If for any reason you are not happy with your AERIN.com purchase, you may return the unused item to us for a full refund. We will only accept returns for items that have not been used, altered, or worn in any way. All tags must be attached and the product must be in its original packaging.
You can always contact us for any return question by email at email@example.com or phone at 1-347-395-7720.
Our return policy can be accessed at https://www.aerin.com/help#returns
EXTERNAL WEBSITES 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.
The AERIN mobile message service (the "Service") is operated by us. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to AERIN’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of AERIN through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1-833-685-2703 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other AERIN mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1-833-685-2703 or email firstname.lastname@example.org
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice
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: email@example.com
In order for us to more effectively assist you, the notification must include all of the following:
- 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;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Website;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
- 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
- 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.
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.
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.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
BINDING ARBITRATION AGREEMENT FOR RESOLUTION OF DISPUTES
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement ('Dispute'), you and we will first attempt to negotiate any Dispute informally (the 'Informal Negotiations') before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address or email address that you have provided to us. Our address for such notices is: 595 Madison Avenue, 5th Floor, New York, NY 10022.
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and we agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ('Arbitration Agreement'). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the 'AAA Rules') of the American Arbitration Association ('AAA') and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, we will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and we agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
This Arbitration Agreement will survive the termination of your relationship with us.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any Dispute, whether in arbitration or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Location. You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Thirty-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following e-mail address: firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. You and we agree that if any portion of this Section entitled 'Mutual Arbitration Agreement' is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
INVESTIGATIONS OF VIOLATIONS OF THESE TERMS
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, residents of California who use this Website 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 1-916-445-1254 or 1-800-952-5210, or by email at email@example.com.
In addition, we are located at 595 Madison Avenue, 5th Floor, New York, NY 10022 and may be reached by email at firstname.lastname@example.org or telephone at 1-347-395-7720. Please contact us to resolve any issues with our Website that you may have.
You may send us notices or communicate with us by email at email@example.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: October 2022
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