Terms of service
This Agreement contains the complete terms and conditions that apply to your participation in the Fuller Brush website (www.fuller.com AND www.fullerbrush.com). Please read these Terms and Conditions carefully before using the website. Your use of the website constitutes your agreement to follow these Terms and Conditions and to be bound by them. If you do not agree to these Terms and Conditions, you may not use this website.
Modifications of Terms of Use
The Fuller Brush Company reserves the right to update or modify these Terms and Conditions (including by modification, deletion and/or addition of any portion thereof) at any time without prior notice. Your continued use of the website following the posting of changes to this Agreement will mean that you accept those changes. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
Use of Content
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the website. You must abide by all additional copyright notices or other restrictions contained in the website. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the website. You may not take any action to interfere with, or disrupt, the website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions of use.
User Comments
We welcome your comments about our website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our website shall be and remain the exclusive property of The Fuller Brush Company. Your submission of any such Comments shall constitute an assignment to The Fuller Brush Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Fuller Brush Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Links to Other Websites
These Terms and Conditions of use apply only to the website and not to the sites of any other companies or organizations, including those to which the website may link. To the extent our website contains hyperlinks to outside services and resources, the availability and content of which The Fuller Brush Company does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
Accounts
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's name, username, password or other account information. You also agree to promptly notify us at customer@fuller.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the website. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may, at our discretion, suspend or terminate your registration or account and your ability to use the website or any portion thereof for failure to comply with these terms of use or any special terms related to a particular service or for any other reason whatsoever.
Disclaimer
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND AVAILABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT EXCLUSION MAY NOT APPLY TO YOU. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that The Fuller Brush Company shall not be liable for any damages of any kind related to your use of this website.
Inaccuracy Disclaimer
From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Fuller Brush Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Limitation of Liability
Under no circumstances, including negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from the use of (or inability to use) the website or any of its content. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the website. In addition, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.
Dispute Resolution
Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these Terms and Conditions of use or the website shall be resolved individually, without resort to any form of class action, in a court of law having jurisdiction for Lakewood,NJ; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to The Fuller Brush Company, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and each website user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions of use, or the rights and obligations of users and us in connection with these Terms and Conditions of use, shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey. If any of these Terms and Conditions of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions of use, and will not affect the validity and enforceability of the remaining provisions.
Waiver; Time Within Which Claims Must Be Brought No waiver of any provision of these Terms and Conditions of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE AND THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Fuller Brush LLC agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.
Jurisdictional Issues
We control and operate the website from our offices in the United States of America. We do not represent that website content is appropriate or available for use in other locations. Persons who chose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Mobile Message Service Terms and Conditions
The Fuller Brush mobile message service (the "Service") is operated by Fuller & Stanley Direct LLC (“Fuller Brush ”, “we”, or “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.
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 and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) promotions, specials, and other marketing offers (e.g., cart reminders)] from Fuller Brush via text messages through your wireless provider to the mobile number you provided. Message frequency varies. If sending in the US or Canada Text the single keyword command STOP to (855) 203-1297 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Fuller Brush 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 (855) 203-1297 or email customer@fuller.com.
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.
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.