Additional Terms and Conditions

Email Marketing Consent and Disclosures (US)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS COMMUNITY.

BY PARTICIPATING IN THIS MARKETING COMMUNITY (THE "COMMUNITY") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE COMMUNITY. FIRST QUALITY CONSUMER PRODUCTS, LLC AND/OR ONE OF ITS AFFILIATES (“FIRST QUALITY”) RESERVE THE RIGHT TO MODIFY OR TERMINATE THE COMMUNITY AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW. ANY CHANGES OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE REVISIONS TO THIS SITE AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS. YOUR PARTICIPATION IN THE COMMUNITY CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY SUCH CHANGES OR MODIFICATIONS; THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE COMMUNITY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST STOP PARTICIPATING IN THE COMMUNITY.

Eligibility.

Participation in this marketing community is only open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, and Puerto Rico, who are the age of majority in the jurisdiction that they live as of the date of enrollment and have the capacity to enter into a binding contract. The community is void elsewhere and where prohibited. Corporations or other entities or organizations of any kind are not eligible for the community.

Please contact me about future products, surveys, coupons or services. First Quality Consumer Products, LLC (“First Quality”) collects your contact information, age, gender, and ethnicity to conduct marketing activities. Visit https://www.firstquality.com/privacy to learn about our commitment to your privacy and our personal information handling practices.

To opt-out of personal information sales, visit OPT OUT URL. The California Consumer Privacy Act of 2018 (CCPA) provides California residents with specific rights regarding their Personal Information.

• You have the right to request access to your Personal Information that we collect, use, sell, or disclose to third parties,
• You have the right to request the deletion of your Personal Information that we collect about you and,
• You have the right to opt-out of the selling of your Personal Information to third parties.

If you prefer that we not share your information with third parties for marketing purposes, you can contact us.  CONTACT URL

If you choose to write to us, please include your name, address, and phone number and state "NO THIRD PARTY SHARING" in your request.

To opt out of future marketing and advertising at any time, please click the Unsubscribe button located at the bottom of the email communication.

Limitation on Liability.

FIRST QUALITY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE COMMUNITY, (B) ANY FAILURE OR DELAY BY FIRST QUALITY IN CONNECTION WITH THE COMMUNITY (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS COMMUNITY); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE COMMUNITY BY FIRST QUALITY, EVEN IF FIRST QUALITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your participation information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, FIRST QUALITY is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Disclaimer of Warranties.

FIRST QUALITY MAKES NO WARRANTY OF ANY KIND REGARDING THE COMMUNITY, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. FIRST QUALITY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS COMMUNITY WILL BE ERROR-FREE. FIRST QUALITY FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE COMMUNITY. FIRST QUALITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

Taxes.

Determination and payment of tax liability on rewards, including income tax, if any, are the sole responsibility of participant.

Content; Conduct

Content - You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials ("Content") that you upload, post, publish or display (collectively, "Upload"), whether publicly or privately transmitted, by email or otherwise via the Site and services.  Content also includes Content provided by you through third party services such as your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with First Quality, the Site, services or any of our brands, products or services.

By Uploading any Content you hereby grant and will grant First Quality a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the services, the Site, the products, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You represent and warrant that you own all right, title and interest in and to such Content, including, without limitation, all copyright and rights of publicity contained therein.

Conduct - You agree not to access the Site or use the services to:

A) email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or communitys designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of First Quality is objectionable or which restricts or inhibits any other person from using or enjoying the Site or services, or which may expose First Quality or its users to any harm or liability of any type;

B) interfere with or disrupt the Site, services or servers or networks connected to the Site or services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or services; or violate any applicable local, state, national or international law, or any regulations having the force of law;

C) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

D) solicit personal information from anyone under the age of 18;

E) collect email addresses or other contact information of other users of the Site or services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

F) display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Site or services, use of the Site or services, or access to the Site or services;

G) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

H) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the services, suspending or terminating access rights to the Site and services and reporting you to the law enforcement authorities.

The Site and services are for your personal use. We reserve the right to restrict your use of the services and access to the Site should we have reason to believe that your use is not personal.

Feedback - We welcome feedback, comments, reviews of our products, and suggestions for improvements to the Site and services ("Feedback"). You can submit Feedback by reviewing a particular product. Feedback is nonconfidential and shall become the sole property of First Quality. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights for the Feedback.

Idea Submission - Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form ("Ideas") to First Quality. Notwithstanding the foregoing, if you submit or communicate Ideas to us through the Site or services or otherwise you agree that: (i) all Ideas (including complete contents) submitted by you to First Quality will automatically become our property, without any compensation to you; (ii) First Quality may use or redistribute Ideas and its contents for any purpose and in any way, without any compensation to you; (iii) we have no obligation to review Ideas; and (iv) we have no obligation to keep Ideas confidential, and no confidential relationship may be established by or inferred from the submission of any such Idea to, or the consideration of your Ideas by us.

Intellectual Property - You acknowledge and agree that all information on this Site including, but not limited to, the content, materials, text, images, videos, graphics, copyrights, trademarks, logos, trade dress, icons, code, photographs, music, software and other elements available on the Site are the property of First Quality, or our affiliates or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. The trademarks, logos and service marks displayed throughout the Site are registered and unregistered trademarks of First Quality or affiliates or third party licensors. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no right, title, or interests are conveyed by virtue of accessing or using the Site. You may not copy, reproduce, download, modify, publish, sell, distribute, post, display, transmit, or in any way exploit any of this Site’s contents. Misuse of our trademarks and copyrights is strictly prohibited and we aggressively protect our intellectual property rights. All rights not granted under these Terms are reserved by us.

If you have any questions about this Notice or need to access it in an alternative format due to having a disability, please contact First Quality Consumer Products, LLC at 1.800.227.3551

Governing Law: These Terms and Conditions are governed by New York state law, without reference to its conflicts of law doctrine.

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