Privacy & Terms
Last Updated: 07/15/15
This policy explains our information practices, defines your privacy options and describes how your information is collected and used.
This policy covers the website at http://www.BeFASTsportgear.com. This website is owned and operated by BeFAST, LLC. Should you have privacy questions or concerns, send an email to contactus@BeFASTsportgear.com. Or mail to BeFAST, LLC PO Box 16035, Saint Paul, MN 55116
By using visiting BeFASTsportgear.com, you agree to the collection and use of information in the manner described in this policy. BeFAST, LLC shall have right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you by email, by means of a notice the next time you log in to the BeFASTsportgear.com, or by means of a notice on the BeFASTsportgear.com homepage. Such revisions and additions shall be effective immediately. You are responsible for reviewing BeFASTsportgear.com periodically for any modification to this policy. Any access or use of BeFASTsportgear.com by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.
Information We Collect
This policy applies to all information collected by BeFAST, LLC on BeFASTsportgear.com and any information you submit to BeFAST when you sign up to receive our emails, participate in a contest, promotion or survey, communicate with us through third party social media sites or communicate otherwise us. You will most likely provide personal information to us when you register as a user of the BeFASTsportgear.com, when you use the BeFASTsportgear.com or when you participate in certain BeFAST promotions or events. The personal information we may collect includes: your name, password, user name, address email address, phone numbers, payment information, and any other information you choose to provide.
In addition to the personal information you supply, we may collect certain information to evaluate how you use BeFASTsportgear.com. We collect IP addresses which define the Internet location of computers and help us better understand the geographic distribution of our visitors and customers. We utilize cookies, which are tiny files placed onto the hard drive of your computer when you visit BeFASTsportgear.com, so we can immediately recognize you when you return to our website and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser preferences, certain features of the BeFASTsportgear.com may not be available to you.
We may detect the type of web browser you are using to optimize the performance of the BeFASTsportgear.com and to understand the mix of browsers used by our visitors, guests, and customers. To learn about how people use our site, we examine weblogs, which show the paths people take through BeFASTsportgear.com and how long they spend in certain areas.
How we Use Information
Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with the BeFAST.
We use data collected in the following ways:
Process your online transactions including purchase confirmations and receipts.
Improve the design of the BeFASTsportgear.com
Personalize your shopping experience
Evaluate the performance of our marketing programs.
Analyze purchase behavior to make improvements to our processes.
BeFAST, LLC may contract with unaffiliated third parties to provide services such as customer communications, website analytics, advertising and other services. When we do this, we may provide your personally identifiable information to third parties only to provide those services, and they are not authorized to use your personally identifiable information for any other purpose.
Access to your data is limited to authorized BeFAST, LLC staff or approved vendors. Although total security does not exist on the Internet, BeFAST, LLC shall make commercially reasonable efforts to safeguard the information that you submit to BeFAST, LLC or that BeFAST, LLC collects.
Use our Website by Children
We do not knowingly collect any personal information from children under the age of 13. We do not sell products online to children; our products are for purchase by adults.
Your Privacy Preferences
When you sign up as a registered user of BeFASTsportgear.com you may begin receiving marketing communications such as e-mail newsletters, product and service updates and promotions. Our visitors generally find this type of information useful. If you do not want to receive these updates, you can use any of the following methods to notify BeFAST, LLC that you do not want to receive such information: select the “unsubscribe” link at the bottom of the email and follow the instructions; or send an email to contactus@BeFASTsportgear.com.
How to Access or Correct Your Information
You can access and maintain your personally identifiable information that we collect by sending us an email to contactus@BeFASTsportgear.com. To protect your privacy, we require a user ID and password to verify your identity before granting access or making corrections to such personally identifiable information.
Disclosure of Information
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that BeFAST, LLC would sell the company or all or substantially all of its assets. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by an email sent to the last known email address in our files and/or by notice posted on the BeFASTsportgear.com.
Privacy and Other Websites
The BeFASTsportgear.com may contain links to other websites. BeFAST, LLC is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our site, and to read the privacy statements of each website that collects personally identifiable information. Some linked sites may be co-branded with our trademarks and those of our business partners. They may have the look and feel of www.BeFASTsportgear.com, but the URL in your browser window will indicate that you are visiting a different site. This policy only applies to information collected by BeFAST, LLC
BeFASTsportgear.com may include access to or use of blogs or other message/communication areas. All data, text, software, music, sound, photographs, graphics, video, or any other materials, whether publicly posted or privately transmitted to BeFAST,LLC or BeFASTsportgear.com, shall be referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding such ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable, world-wide license to BeFAST, LLC, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. BeFAST, LLC has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. BeFAST, LLC shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms. BeFAST, LLC may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of BeFASTsportgear.com users and the public.
We ask you to follow these rules when using BeFASTsportgear.com: (a) do not upload to, distribute through or otherwise publish through the BeFASTsportgear.com any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, illegal or otherwise objectionable; (b) do not post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment; (c) use BeFASTsportgear.com only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from BeFAST, LLC for any purpose; (e) only submit Content for which you have the right to distribute; (f) do not violate or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, or publicity rights; and (g) do not distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.
BeFASTsportgear.com, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material contained on, or utilized in the provision of, the Site is the property of BeFAST, LLC or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. BeFAST, LLC hereby grants you a limited, nonexclusive, non-transferable personal license to use BeFASTsportgear.com for informational purposes only. Except as authorized by BeFAST, LLC in writing, you may not use, copy, distribute or create derivative works from, disclose, display, transmit, or post or any portion of BeFASTsportgear.com for any purpose. All rights not expressly granted herein are reserved to BeFAST, LLC and/or its licensors.
To use certain features of BeFASTsportgear.com or participate in certain activities sponsored by BeFAST, LLC, we might ask you to register as a user or participant. If so requested, each Site user must: (a) provide true, accurate, current and complete information (the "Registration Data") and (b) promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If BeFAST, LLC suspects that any Registration Date is untrue, inaccurate, not current or incomplete, BeFAST, LLC may suspend or terminate all use of BeFASTsportgear.com by that user. A user may receive passwords and account designations upon completing BeFASTsportgear.com registration processes and is wholly responsible for maintaining the cconfidentiality of such passwords or designations.
Product and Pricing Information
BeFAST, LLC has made every effort to display our products and their colors as accurately as possible. Colors may vary based on the users monitor and BeFAST, LLC cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change.
BeFASTsportgear.com is not intended for use by children. Children under age 13 may not submit or post any information or material on BeFASTsportgear.com or otherwise provide such information to BeFAST, LLC.
BeFAST, LLC may terminate a user's ability to use BeFASTsportgear.com in BeFAST, LLC's absolute discretion and for any reason. BeFAST, LLC is likely to terminate your use of BeFASTsportgear.com for reasons that include, but are not limited to: (1) violation of these Terms; (2) abuse of BeFASTsportgear.com resources or attempt to gain unauthorized entry to BeFASTsportgear.com; or (3) as required by law, regulation, court or governing agency order. BeFAST's termination of any user's access to BeFASTsportgear.com may be effected without notice and, on such termination, BeFAST, LLC may immediately bar any further access to BeFASTsportgear.com. BeFAST, LLC shall not be liable to any user for any termination of that user's access to BeFASTsportgear.com. In the event of termination, BeFAST, LLC reserves the right to delete, or not delete a user’s Content at BeFAST, LLC's sole discretion.
BeFASTsportgear.com may provide links to other websites. BeFAST, LLC exercises no control over such other websites and is not responsible or liable for the content, advertising, products or other materials on such websites. Your access and use of such linked websites is solely at your own risk.
DISCLAIMER; LIMITATIONS OF LIABILITY
EACH USER'S USE OF BeFASTsportgear.com IS AT HIS OR HER SOLE RISK. BeFASTsportgear.com is PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BeFAST, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BeFAST, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE BeFASTsportgear.com. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BeFAST Sportgear is a trademark of BeFAST, LLC. All other marks, names, and logos on BeFASTsportgear.com are the property of their respective owners. Your use of such trademarks, names and logos without prior written consent is strictly prohibited.
If you believe that your work has been copied and is accessible on BeFASTsportgear.com in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit BeFAST, LLC to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
The Terms constitute the entire agreement between each user and BeFAST, LLC, superseding any prior agreements. These Terms shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. Each party shall submit to the exclusive jurisdiction of the courts located within the Ramsey County. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. If any provision of the Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership or joint venture between BeFAST, LLC and any user.