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Welcome to our site. We provide this site to you subject to the following terms of use (“Terms”). If you visit this site, you accept these Terms. Please read them carefully. These Terms are subject to change without prior written notice at any time, in our sole discretion, and such changes shall apply to any purchases made after such changes are posted to the site.
Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.
Welcome to our site. We provide this site to you subject to the following terms of use (“Terms”). If you visit this site, you accept these Terms. Please read them carefully. These Terms are subject to change without prior written notice at any time, in our sole discretion, and such changes shall apply to any purchases made after such changes are posted to the site.
Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.
1. Marketing and Branding.
Brand compliance
Web presence
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
TRADEMARKS
All trademarks, logos, service marks (collectively referred to as the “Marks”) used in the website are unregistered or registered trademarks of HexArmor and others. The Marks may not be used without HexArmor’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending are the sole property of HexArmor and/or its licensors.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
Location
This website originates from the United States of America. We make no representations that the information on our site is appropriate or available for use in any location outside of the United States.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
Product Performance
HexArmor® products are cut and puncture resistant, NOT CUT AND PUNCTURE PROOF. Do not use with moving or serrated blades or tools. User shall be exclusively responsible to assess the suitability of the product as specified for any individual application or use.
Protection Zones
Protection zone imaging is to be used as a general guide to show areas where SuperFabric® brand materials are incorporated into HexArmor® products. Actual protection zones may vary.
Product Orders
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
HEXARMOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEXARMOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
ANY PRODUCTS PURCHASED BY YOU ARE PURCHASED “AS IS” AND “WITH ALL FAULTS”. HEXARMOR DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE PRODUCTS, EXPRESSED OR IMPLIED, REGARDING ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABLITIES OF HEXARMOR. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON OUR SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE. HEXARMOR NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend, and hold harmless HexArmor its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website or in any way related to your purchase or use of the products.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These terms and conditions are applicable to you upon your accessing the website. HEXARMOR reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, we may terminate these terms and conditions, or any part of them, without notice at any time, for any reason
New Changes to California’s Proposition 65 LawAt HexArmor, worker safety is our number one concern, which is why keeping our customers and our distributors up-to-date on all safety standard changes and laws having to do with HexArmor products is important to us.
As you may know, California’s “Proposition 65” law requires companies conducting business in the state of California or selling products to customers in the state of California to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to one of more than 900 chemicals listed under the law. This warning typically comes in the form of a conspicuous label that is mandated by Proposition 65 requirements.
As of August 2018, Proposition 65 now requires any seller (ie: HexArmor or their authorized distributors) of consumer products with these chemicals over the established safe harbor levels to provide the warning on their website and catalogs in addition to the prior labelling requirements.
If you wear HexArmor products, you might want to know that we do, too. HexArmor makes it a priority to stay in compliance with all Prop 65 requirements and to label all products affected by it accordingly. We strongly believe, however, that when our PPE products are used as intended, they are perfectly safe.
If you are a distributor of HexArmor products, under California Proposition 65 and as a partner of HexArmor, it is your responsibility to make sure that any required warnings are provided on your retail website or in your catalog if you are displaying these products. If you also distribute our products to retailers, it is your responsibility to forward this information to them.
If you would like more information about this change:
This Website collects some Personal Data from its Users.
Users may be subject to different protection standards and broader standards may therefore apply to some. In order to learn more about the protection criteria, Users can refer to the applicability section.
POLICY SUMMARY
Personal Data collected for the following purposes and using the following services:
Advertising
Microsoft Advertising
Personal Data: Cookies; Usage Data
Facebook Audience Network
Personal Data: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data
AnalyticsGoogle Analytics, Display Advertising extension for Google Analytics, Google Ads conversion tracking and LinkedIn conversion trackingPersonal Data: Cookies; Usage Data Contacting the UserContact formPersonal Data: company name; country; email address; first name; last name; ZIP/Postal code Infrastructure monitoringPingdomPersonal Data: Cookies; Usage Data Interaction with live chat platformsZendesk ChatPersonal Data: email address Managing contacts and sending messagesMarketo Email MarketingPersonal Data: various types of Data Managing support and contact requestsZendeskPersonal Data: various types of Data as specified in the privacy policy of the service Remarketing and behavioral targetingRemarketing with Google Analytics and LinkedIn Website RetargetingPersonal Data: Cookies; Usage DataFacebook Custom AudiencePersonal Data: Cookies; email address Tag ManagementSegmentPersonal Data: Cookies; Usage Data User database managementMarketo Lead GenerationPersonal Data: email address; various types of Data as specified in the privacy policy of the serviceFurther information about Personal DataSelling goods and services onlineThe Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Website depends on the payment system used.Contact informationOwner and Data Controller Performance Fabrics Inc DBA HexArmor 2000 Oak Industrial Drive NE Grand Rapids Michigan 49505 Owner contact email:privacy@hexarmor.comFULL POLICYOwner and Data ControllerPerformance Fabrics Inc DBA HexArmor2000 Oak Industrial Drive NEGrand Rapids Michigan 49505Owner contact email:privacy@hexarmor.comTypes of Data collectedAmong the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies; Usage Data; first name; last name; company name; country; email address; ZIP/Postal code; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data.Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party's consent to provide the Data to the Owner.Mode and place of processing the DataMethods of processingThe Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.Legal basis of processingThe Owner may process Personal Data relating to Users if one of the following applies:
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.PlaceThe Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.If broader protection standards are applicable, Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.Retention timePersonal Data shall be processed and stored for as long as required by the purpose they have been collected for.Therefore:
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.The purposes of processingThe Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Contacting the User, Advertising, Remarketing and behavioral targeting, Managing contacts and sending messages, User database management, Infrastructure monitoring, Tag Management, Interaction with live chat platforms and Managing support and contact requests.Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.Detailed information on the processing of Personal DataPersonal Data is collected for the following purposes and using the following services: Advertising
This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Website, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Website. For more information, please check the privacy policies of the relevant services.
In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.
Microsoft Advertising (Microsoft Corporation)
Microsoft Advertising is an advertising service provided by Microsoft Corporation.
Personal Data collected: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Facebook Audience Network (Facebook, Inc.)
Facebook Audience Network is an advertising service provided by Facebook, Inc. In order to understand Facebook's use of Data, consult Facebook's data policy.
This Website may use identifiers for mobile devices (including Android Advertising ID or Advertising Identifier for iOS, respectively) and technologies similar to cookies to run the Facebook Audience Network service. One of the ways Audience Network shows ads is by using the User's ad preferences. The User can control this in the Facebook ad settings.
Users may opt-out of certain Audience Network targeting through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other Audience Network related sections of this privacy policy, if available.
Personal Data collected: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Display Advertising extension for Google Analytics (Google Inc.)
Google Analytics on this Website might use Google's Interest-based advertising, 3rd-party audience data and information from the DoubleClick Cookie to extend analytics with demographics, interests and ads interaction data.
Personal Data collected: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Google Ads conversion tracking (Google Inc.)
Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on this Website.
Personal Data collected: Cookies; Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
LinkedIn conversion tracking (LinkedIn Corporation)
LinkedIn conversion tracking is an analytics service provided by LinkedIn Corporation that connects data from the LinkedIn advertising network with actions performed on this Website.
Personal Data collected: Cookies; Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
Contacting the UserContact form (this Website)By filling in the contact form with their Data, the User authorizes this Website to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.Personal Data collected: company name; country; email address; first name; last name; ZIP/Postal code.Infrastructure monitoringThis type of service allows this Website to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this Website.Pingdom (Pingdom AB)Pingdom is a monitoring service provided by Pingdom AB.Personal Data collected: Cookies; Usage Data.Place of processing: Sweden –Privacy Policy.Interaction with live chat platformsThis type of service allows Users to interact with third-party live chat platforms directly from the pages of this Website, for contacting and being contacted by this Website support service.If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.Zendesk Chat (Zendesk, Inc.)Zendesk Chat is a service for interacting with the Zendesk live chat platform provided by Zendesk, Inc.Personal Data collected: email address.Place of processing: United States –Privacy Policy. Privacy Shield participant.Managing contacts and sending messagesThis type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.Marketo Email Marketing (Marketo, Inc.)Marketo Email Marketing is an email address management and message sending service provided by Marketo, Inc.Personal Data collected: various types of Data.Place of processing: United States –Privacy Policy.Managing support and contact requestsThis type of service allows this Website to manage support and contact requests received via email or by other means, such as the contact form.The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).Zendesk (Zendesk, Inc.)Zendesk is a support and contact request management service provided by Zendesk Inc.Personal Data collected: various types of Data as specified in the privacy policy of the service.Place of processing: United States –Privacy Policy. Privacy Shield participant.Remarketing and behavioral targetingThis type of service allows this Website and its partners to inform, optimize and serve advertising based on past use of this Website by the User.This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.Remarketing with Google Analytics (Google LLC)Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google LLC that connects the tracking activity performed by Google Analytics and its Cookies with the Google Ads advertising network and the Doubleclick Cookie.Personal Data collected: Cookies; Usage Data.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant.Facebook Custom Audience (Facebook, Inc.)Facebook Custom Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network.Personal Data collected: Cookies; email address.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant.LinkedIn Website Retargeting (LinkedIn Corporation)LinkedIn Website Retargeting is a remarketing and behavioral targeting service provided by LinkedIn Corporation that connects the activity of this Website with the LinkedIn advertising network.Personal Data collected: Cookies; Usage Data.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant.Tag ManagementThis type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.Segment (Segment Inc.)Segment is a tag management service provided by Segment.io, Inc.Personal Data collected: Cookies; Usage Data.Place of processing: United States –Privacy Policy. Privacy Shield participant.User database managementThis type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Website, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving this Website.Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Website.Marketo Lead Generation (Marketo, Inc.)Marketo Lead Generation is a User database management service provided by Marketo, Inc.Personal Data collected: email address; various types of Data as specified in the privacy policy of the service.Place of processing: United States –Privacy Policy. Privacy Shield participant.Further information about Personal DataSelling goods and services onlineThe Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Website depends on the payment system used.The rights of UsersUsers may exercise certain rights regarding their Data processed by the Owner.
Users entitled to broader protection standards may exercise any of the rights described below. In all other cases, Users may inquire with the Owner to find out which rights apply to them.
In particular, Users have the right to do the following:
Details about the right to object to processingWhere Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rightsAny requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Applicability of broader protection standardsWhile most provisions of this document concern all Users, some provisions expressly only apply if the processing of Personal Data is subject to broader protection standards.
Such broader protection standards apply when the processing:
Cookie Policy This Website uses Cookies. To learn more and for a detailed cookie notice, the User may consult theCookie Policy.Additional information about Data collection and processingLegal actionThe User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.Additional information about User's Personal DataIn addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.System logs and maintenanceFor operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.Information not contained in this policyMore details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.How “Do Not Track” requests are handledThis Website does not support “Do Not Track” requests.To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.Changes to this privacy policyThe Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Website and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.Definitions and Legal ReferencesPersonal Data(or Data) Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.Usage Data
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
Data SubjectThe natural person to whom the Personal Data refers.Data Processor(or Data Supervisor)The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.Data Controller(or Owner)The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.This Website(or this Application)The means by which the Personal Data of the User is collected and processed.ServiceThe service provided by this Website as described in the relative terms (if available) and on this site/application.European Union(or EU)Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.CookiesSmall sets of data stored in the User's device.
Legal informationThis privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to this Website, if not stated otherwise within this document.Latest update: April 04, 2019iubendahosts this content and only collectsthe Personal Data strictly necessaryfor it to be provided.
Cookies consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User's consent.
Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.
Technical Cookies and Cookies serving aggregated statistical purposes
Activity strictly necessary for the functioning of the ServiceThis Website uses Cookies to save the User's session and to carry out other activities that are strictly necessary for the operation of this Website, for example in relation to the distribution of traffic. Activity regarding the saving of preferences, optimization, and statisticsThis Website uses Cookies to save browsing preferences and to optimize the User's browsing experience. Among these Cookies are, for example, those used for the setting of language and currency preferences or for the management of first party statistics employed directly by the Owner of the site.
Other types of Cookies or third parties that install Cookies
Some of the services listed below collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by the Owner - depending on how they are described - without the help of third parties.
If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed information.
Advertising
This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Website, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Website. For more information, please check the privacy policies of the relevant services.
In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.
Microsoft Advertising (Microsoft Corporation)
Bing Ads is an advertising service provided by Microsoft Corporation.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Facebook Audience Network (Facebook, Inc.)
Facebook Audience Network is an advertising service provided by Facebook, Inc. In order to understand Facebook's use of Data, consult Facebook's data policy.
This Website may use identifiers for mobile devices (including Android Advertising ID or Advertising Identifier for iOS, respectively) and technologies similar to cookies to run the Facebook Audience Network service. One of the ways Audience Network shows ads is by using the User's ad preferences. The User can control this in the Facebook ad settings.
Users may opt-out of certain Audience Network targeting through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other Audience Network related sections of this privacy policy, if available.
Personal Data collected: Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Display Advertising extension for Google Analytics (Google Inc.)
Google Analytics on this Website might use Google's Interest-based advertising, 3rd-party audience data and information from the DoubleClick Cookie to extend analytics with demographics, interests and ads interaction data.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Google Ads conversion tracking (Google Inc.)
Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on this Website.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
LinkedIn conversion tracking (LinkedIn Corporation)
LinkedIn conversion tracking is an analytics service provided by LinkedIn Corporation that connects data from the LinkedIn advertising network with actions performed on this Website.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
Infrastructure monitoringThis type of service allows this Website to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this Website.Pingdom (Pingdom AB)Pingdom is a monitoring service provided by Pingdom AB.Personal Data collected: Cookies and Usage Data.Place of processing: Sweden –Privacy Policy.Remarketing and behavioral targetingThis type of service allows this Website and its partners to inform, optimize and serve advertising based on past use of this Website by the User.This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting theNetwork Advertising Initiative opt-out page.Remarketing with Google Analytics (Google LLC)Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google LLC that connects the tracking activity performed by Google Analytics and its Cookies with the Google Ads advertising network and the Doubleclick Cookie.Personal Data collected: Cookies and Usage Data.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant.Facebook Custom Audience (Facebook, Inc.)Facebook Custom Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network.Personal Data collected: Cookies and email address.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant.LinkedIn Website Retargeting (LinkedIn Corporation)LinkedIn Website Retargeting is a remarketing and behavioral targeting service provided by LinkedIn Corporation that connects the activity of this Website with the LinkedIn advertising network.Personal Data collected: Cookies and Usage Data.Place of processing: United States –Privacy Policy–Opt Out. Privacy Shield participant. Tag Management This type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.Segment (Segment Inc.)Segment is a tag management service provided by Segment.io, Inc.Personal Data collected: Cookies and Usage Data.Place of processing: United States –Privacy Policy. Privacy Shield participant.
How to provide or withdraw consent to the installation of Cookies
In addition to what is specified in this document, the User can manage preferences for Cookies directly from within their own browser and prevent – for example – third parties from installing Cookies.
Through browser preferences, it is also possible to delete Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.
Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.
With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party's privacy policy, or by contacting the third party.
Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.
Owner and Data Controller
Performance Fabrics Inc DBA HexArmor
2000 Oak Industrial Drive NE
Grand Rapids Michigan 49505
Owner contact email: privacy@hexarmor.com
Since the installation of third-party Cookies and other tracking systems through the services used within this Website cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.
Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.
Definitions and Legal References
Personal Data(or Data) Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.Usage Data
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
Data SubjectThe natural person to whom the Personal Data refers.Data Processor(or Data Supervisor)The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.Data Controller(or Owner)The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.This Website(or this Application)The means by which the Personal Data of the User is collected and processed.ServiceThe service provided by this Website as described in the relative terms (if available) and on this site/application.European Union(or EU)Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.CookiesSmall sets of data stored in the User's device.
Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to this Website, if not stated otherwise within this document.
Unauthorized Sellers/Dealers
Our commitment to providing superior PPE is, and has always been, the focus of our business.
Only officially authorized HexArmor Distributors are allowed to sell HexArmor products. HexArmor products come standard with a factory-backed warranty, which will only be honored if the products are purchased through HexArmor authorized distributors. If you obtain a HexArmor product(s) from an unauthorized dealer, your warranty will not be honored, and we cannot offer you the assurances of safety, quality and satisfaction afforded by purchases made through authorized dealers. If you are uncertain about purchasing from a specific distributor, before you purchase, please contact us directly at distribution@hexarmor.com.
Be cautious of sellers on Amazon.com and eBay (with the exception of the official HexArmor Amazon store). Many resellers who sell through these online marketplaces are not authorized dealers of HexArmor products. If purchasing our products directly through Amazon.com, eBay or unauthorized retailers within their networks, your factory warranty will not be honored.
Avoiding Unauthorized Resellers
Be Aware of Unauthorized Resellers!
Products sold by unauthorized distributors are often not purchased from HexArmor. Instead they are typically acquired from a host of other sources or are discontinued or sub-standard products. Due to the nature of the goods sold by unauthorized dealers and their business practices, products sold by unauthorized dealers are not entitled to HexArmor warranty coverage. Additionally, many of these unauthorized dealers change names and locations frequently so they cannot be reached to solve customer problems. Other sites simply go out of business. Furthermore, as many of our products are typically designed specific safety standards, the test data that is essential to ensuring that the correct safety standards are in place, is continually updated by HexArmor and not adhered to by unauthorized resellers.
We are using our best efforts to prohibit these companies from taking advantage of consumers, but these practices still exist. To ensure that you receive the quality products and service that you are entitled to when you purchase HexArmor products, it is important that all your purchases of our products be made only through HexArmor or authorized distriburors.
How do I determine if a dealer is authorized to sell HexArmor products?
We continually maintain a list of authorized HexArmor Distributors. When in doubt, contact us directly at distribution@hexarmor.com.
What happens to my warranty if I purchase through an unauthorized dealer?
Any HexArmor product that has been purchased from an unauthorized distributor or reseller or if the original factory packaging has defaced or replaced in any way will not be honored or serviced under the existing HexArmor warranty policy.
The dangers of purchasing uncertified products
HexArmor products sold by unauthorized dealers sometimes are purchased on a secondary "gray" market and can be damaged, defective, refurbished, stolen or even counterfeit. It's not uncommon for such dealers to deny responsibility for product/support issues. Beware that if we are unable to validate the original purchase date and ownership, your warranty will not be fulfilled.
The following online companies are not authorized to sell HexArmor products (this list is not all inclusive):
We recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts. As a result, HexArmor has unilaterally established this Authorized Marketplace Reseller Policy (“Policy”) and a Minimum Advertised Price (“MAP”) Policy. To qualify as and remain as a HexArmor authorized marketplace reseller you must adhere to this Policy and the HexArmor Terms and Conditions at all times.
1. Maintain Current Business Information and Disclose All Locations That Carry HexArmor Productsa.Maintain accurate and up-to-date company information and disclose all retail locations and websites that carry HexArmor products throughout the term of your Authorized Marketplace Reseller relationship with HexArmor.b.Qualifying retail locations can only be one of the following: your physical brick and mortar store(s), your commerce-enabled website(s), or any temporary storefronts (events, trade shows, pop up stores, etc.).
2. Sell on Approved Retail Website(s) Onlya.Authorized Marketplace Reseller must only take orders via publicly accessible, e-commerce enabled web pages hosted on approved websites owned and operated by your company.b. Online Authorized Marketplace Reseller can only sell on the following approved websites and or/social media.i.Amazonii.Other approved in writing by HexArmorc.Other than the approved websites above, selling on third-party sites (eBay, Alibaba, Wal-Mart, Sears, JET, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), sites (Craigslist.com, Facebook Marketplace, etc.) or through direct messages on forums, or through Social Media Accounts like (Facebook, Twitter, Instagram, etc.) is strictly prohibited.
3. Report Sell-Through for Physical Retail Location(s) and E-Commerce Sitesa.Authorized Marketplace Reseller must provide sell-through information by SKU and approved retail location upon request. HexArmor reserves the right to perform an audit of all financial statements of Authorized Marketplace Reseller pertaining to HexArmor sales or the business operations (conduct) to ensure compliance with this policy.4. HexArmor’s Trademarks & Brand Policya.Authorized Marketplace Reseller must comply with HexArmor’s Trademark & Brand Policy and represent yourself as a HexArmor’s Authorized Marketplace Reseller in all Authorized Marketplace Reseller advertising and sales collateral.b.Setting up businesses, registering domain names, or using social media usernames that contain the HexArmor name or any of HexArmor’s trademarks is strictly prohibited. To ensure compliance with this Policy, you must only use approved marketing materials for all HexARmor products.
5. Trademarks and Logos for Products, Names, Apps and Websitesa.Authorized Marketplace Reseller must not use the HexArmor Marks in a way that implies partnership, sponsorship, affiliation or endorsement with HexArmor. You must:i.Avoid trademarks, company names, product or feature names, domain names, or social media handles that are confusingly similar to the HexArmor’s Marks.ii.Do not use or display the HexArmor word marks more prominently than your company, product, or service name.iii.Do not alter the HexArmor Marks. HexArmor is our proper name, and it should be capitalized accordingly.iv.Do not use, copy, alter or imitate HexArmor’s logos, trade dress, color scheme, website, products, packaging, icons, marketing materials or photographs.v.All uses of the HexArmor Marks must be truthful and accurate, and not likely to cause confusion as to source, affiliation or association.
6. HexArmor’s MAP POLICYa.Authorized Marketplace Reseller must understand their obligations under HexArmor’s MAP Policy and abide by them. HexArmor has a unilateral United States Minimum Advertised Price Policy (“MAP Policy”) that applies to all authorized marketplace resellers of HexArmor Products located in the United States of America. HexArmor, in its sole discretion, reserves the right to discontinue doing business with any authorized marketplace reseller that advertises any product(s) covered their MAP Policy at a price lower that the MAP.
7. Sell to Retail Consumers Onlya.Authorized Marketplace Reseller may not sell or transfer products in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other Authorized Marketplace Reseller’s, third-party websites, bulk purchasers or other authorized marketplace resellers or any other entity, that Authorized Marketplace Reseller knows or should know has intent to resell the Products. Authorized Marketplace Reseller shall not sell or transfer any Products. Authorized Marketplace Reseller may only sell to persons that are end users of the products.
8. Only Purchase HexArmor Products Directly from HexArmora.Authorized Marketplace Reseller must not buy HexArmor products from other authorized marketplace resellers, or from other sources other than HexArmor.
9. Only Sell HexArmor Products in Original Packaginga.Authorized Marketplace Reseller may not alter original HexArmor packaging in any way prior to reselling HexArmor Products. Removing HexArmor Products from packaging, altering or changing UPC codes, changing or removing expiration dates, altering trademarks, removal or altering of serial numbers, tracking codes, or any other identifying information and reselling HexArmor Products in any condition other than sold by the HexArmor is strictly prohibited.
10. No Comingling Of Productsa.Authorized Marketplace Reseller may not sell to websites like Amazon, Wal-Mart, or any other third-party marketplace or Authorized Marketplace Reseller, or allow HexArmor products to be comingled with any other products.
11. No Bundling HexArmor Products without Obtaining Permissiona.Authorized Marketplace Reseller must not re-SKU or bundle, or re-bundle HexArmor products in your Authorized Marketplace Reseller assortments and data feeds without receiving prior written permission from the HexArmor.12. Bulk Sales Customer Confusiona.Authorized Marketplace Reseller will not advertise, market, display or demonstrate non-HexArmor products together with HexArmor products in a manner that would create the impression that the non-HexArmor products are made by, endorsed by or associated with the HexArmor.
13. Sell to Customer(s) within an Assigned Geographic Territorya.According to the HexArmor Terms and Conditions,Authorized Marketplace Reseller must restrict customer order shipments to shipping addresses located within your assigned country or designated territory. This includes not selling or shipping HexArmor products to end consumers if your territory does not include the sales channel. Authorized Marketplace Reseller must include their full company name, address, phone number and email address upon shipping in order to maintain quality customer service of the HexArmor products.
14. Provide Quality Customer Servicea. Authorized Marketplace Reseller and their sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise end-user customers on the selection and safe use of the Products, as well as any applicable warranty or return policy. Authorized Marketplace Reseller must provide customer service solutions promptly that will respond to customer questions and concerns both before and after sale of the Products. Authorized Marketplace Reseller and Authorized Marketplace Reseller’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of HexArmor. Authorized Marketplace Reseller agrees to cooperate fully with HexArmor in any investigation or evaluation of such matters.15. Product Care, Quality Controls & Material Differencea.Product Storage and Handling: Products delivered to and under the care of the Authorized Marketplace Reseller shall be stored in a safe manner that protects the HexArmor products, and brand reputation by storing them in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional HexArmor storage guidelines that may be specified by the HexArmor from time to time.b.Product Inspections. Authorized Marketplace Reseller upon receipt of the Products shall inspect the Products received for damage, defect, or other nonconformance (collectively, “Defects”). If the products are damaged or defective Authorized Marketplace Reseller must not offer the Products for sale. Authorized Marketplace Reseller shall report the defect immediately to the HexArmor at orders@hexarmor.com.c.Recall of Products. The HexArmor reserves the right to recall Products that are defective or a risk to the consumer’s safety. Authorized Marketplace Reseller shall cooperate with any and all safety information dissemination programs, or recall efforts of HexArmor. Once a recall has been announced the Authorized Marketplace Reseller must not offer the Product for sale, and must promptly report the defect to HexArmor atorders@hexarmor.com
16. Product Warranties & Guaranteesa.Authorized Marketplace Reseller must familiarize themselves with the HexArmor Product warranty and honor the warranties according to the HexArmor offerings and policies.
17. Ensure PCI Compliancea.Authorized Marketplace Reseller must ensure PCI (payment card industry) compliance for all approved commerce- enabled websites owned and operated by your company.b.Maintain Updated Privacy Policyc.Authorized Marketplace Reseller must publish and maintain a publicly accessible privacy policy.18. Operate E-commerce Business Separately from Offline Retail Businessa.Authorized Marketplace Reseller must plan inventory for your e-commerce business separately from inventory planned for your physical store’s business and provide accurate sell-through numbers for each.
19. Limitation of Liabilitya.No claims of any kind, whether as to materials delivered or for non-delivery of materials from HexArmor, and whether arising in tort or contract, shall be greater in amount than the purchase price of the products in respect of which such damages are claimed; and the failure to give notice of the claim to HexArmor where the order was placed within sixty (60) calendar days from the date fixed for delivery shall constitute a waiver by Authorized Marketplace Reseller of all claims in respect of such Products. In no event shall HexArmor be liable for special, indirect or consequential damages. Any claim with respect to defective Products or breach of warranty must be promptly made and shall apply to Products properly used, stored, applied and maintained.
20. Termination Or Suspensiona.This Agreement may be terminated with or without cause with sixty (60) days written notice to the other party.b.Without limitation, the following events shall constitute grounds for termination by HexArmor:i. If Authorized Marketplace Reseller files or have filed against it a petition in bankruptcy or insolvency or if Authorized Marketplace Reseller makes an assignment for benefit of its creditors of if Authorized Marketplace Reseller's viability as a going concern should, in HexArmor's judgment, become impaired;ii. If Authorized Marketplace Reseller fails to provide and maintain a proper and sufficient sales force;iii.If Authorized Marketplace Reseller degrades and places in bad repute the name and reputation of HexArmor expressly or by virtue of its methods of handling and/or promoting the Products.iv.If Authorized Marketplace Reseller fails to meet agreed upon payment terms.v.If Authorized Marketplace Reseller fails to comply with all the terms of HexArmor’s Policy.c.Except as may be otherwise determined pursuant to the laws of the jurisdiction where Authorized Marketplace Reseller has its principle office, HexArmor shall have no liability to Authorized Marketplace Reseller by any reason of any termination or cancellation of this Agreement by HexArmor, including without limitation, liability for direct or indirect damages on account of loss of income arising from anticipated sales, compensation, or for expenditures, investments, leases or other commitments or for loss of goodwill or business opportunity or otherwise.d.Upon termination by either HexArmor of Authorized Marketplace Reseller, HexArmor shall have the option of buying back from Authorized Marketplace Reseller any new unsold Products purchased from HexArmor, at the prices charged to Authorized Marketplace Reseller.
21. Liquidate Damagesa.Authorized Marketplace Reseller warrants that if it violates this Policy, directly or indirectly, including but not limited to, the restriction against selling on Amazon.com, via Amazon Vendor Central, Amazon Vendor Central Express, Fulfillment by Amazon (FBA), Fulfillment by Merchant (FBM) or in any other manner which currently exists or may hereafter may be developed on the Amazon sales platform (collectively, “Amazon.com”), other than as a 3rd Party authorized marketplace reseller, (3P), unless expressly approved by the HexArmor by addendum to their agreement. OR sells on Walmart.com, Jet.com, Rakuten.com, Buy.com, Ebay or any other third-party marketplace (collectively, “Third Party Marketplaces”)., OR violates the MAP Policy or Anti-Diversion policy set forth herein, Authorized Marketplace Reseller will pay $50,000.00 in past damages to HexArmor as liquidated damages.This payment is expressly intended to compensate HexArmor for past damages caused by the aforementioned activities, and in no way limits HexArmor’s ability to seek additional or different compensation for harm caused by Authorized Marketplace Reseller’s violation of this Agreement. The Parties are unable at this time to quantify the amount of damage that a violation of Retailer’s channel restriction would cause to HexArmor, and therefore expressly agree that $50,000 is reasonable and sufficient, in addition to any other monetary harm that HexArmor can prove.22. Indemnificationa.Notwithstanding the provisions set forth above, Authorized Marketplace Reseller shall indemnify and hold harmless HexArmor against and from any claim, loss, damage or expense (including attorneys' fees and disbursements) (a) arising from any breach by Authorized Marketplace Reseller of any representation, warranty, covenant or other obligation of Authorized Marketplace Reseller of this Agreement, (b) resulting from any unlawful act committed by Authorized Marketplace Reseller or any Agent of Authorized Marketplace Reseller thereof, or (c) which HexArmor may sustain by reason of any act, omission or misrepresentation of Authorized Marketplace Reseller or Agent or any Authorized Marketplace Reseller thereof.
23. Miscellaneousa.HexArmor reserves the right to update, amend, or modify this Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Authorized Marketplace Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the HexArmor IP, or use of any other information or materials provided by the HexArmor to Authorized Marketplace Reseller will be deemed Authorized Marketplace Reseller’s acceptance of the amendments. If any provision of this Policy is held contrary to law, the remaining provisions shall remain valid. This Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its choice of law rules.In the event of a dispute over the terms or performance under this Policy, Authorized Marketplace Reseller expressly submits to personal jurisdiction and venue in the federal or state courts inGrand Rapids, Kent County Michigan.
