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Terms & Conditions

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I. Terms & Conditions
II. Fur Professionals Rewards Terms & Conditions 

 

I. TERMS AND CONDITIONS

The following Terms and Conditions of Use (“Terms”) apply to all visitors and users of www.furprofessionals.com and any Website provided on or in connection therewith (collectively, “the Website”). The Website is operated by Fur LLC d/b/a FUR (“FUR”).

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms without limitation or qualification, including our Privacy Policy and the data collection and use of your information set forth therein. FUR reserves the right to make changes in rules and regulations from time to time. Your continued use of the Website means that you accept and agree to the changes posted and are bound by any such revisions. Visit this page periodically to review the terms and conditions. FUR reserves the right to terminate or suspend your account without any notice, in case of violation of rules and other remedies available to it by law for such violations.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.


Privacy Policy

Please read our Privacy Policy, which also governs your access and use of the Website, so that you may understand our privacy practices with regard to personal information that we collect. The Privacy Policy is hereby incorporated by reference into these Terms, and by using the Website you agree to our use of any information that we collect from you in conformance with our Privacy Policy. 


Your Account

Use of the Website and its features is restricted to certain qualified industry professionals, and You may be required to register for an account with us in order to access or use parts of the Website. Your account gives you access to the Website and functionality that we may establish and maintain from time to time and in our sole discretion. If you elect to take advantage of such features, you must register through the Website by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website. If you do not meet the requirements for an account to gain access to the Website, you may not access the Website or create an account.

If you meet the qualifications to create an account and access the Website, you will create a username and password for your account. By creating an account, you agree: (a) that you meet the qualifications to access the Website, at our discretion; (b) are able to and have the appropriate authority and authorization to create a binding agreement with FUR; (c) to provide true, accurate, current and complete information about yourself when we request it; (d) to maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Website permit such updates; and (e) to use limited-access portions of the Website only using access credentials that we have issued to you and not to violate these Terms.  It is your responsibility to maintain the confidentiality of your account, including your login credentials and information associated with the account. FUR encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify FUR immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. FUR will not be liable for any losses or damages caused by any unauthorized use of your account, financial or otherwise.

By providing FUR your email address you consent to receiving Website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers, promotions, or relevant news about FUR, FUR products, or other FUR Professionals. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account or by following the instructions included in the email you receive. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

When you sign up for or use our Website, you may give us permission to access your information from other websites. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those websites often depends on your settings or privacy policies, so be sure to check what those are.

If you violate these Terms, we may terminate your account without prior notice. We may also terminate your account without prior notice, if we in our sole discretion decide that it would be in FUR’s best interests to do so.

 

SMS Messaging

By providing your phone number, you agree to receive marketing text messages from FUR at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to cancel.

 

Policies Related To Purchase

The products and Website available via the Website, including any samples we may provide to you, are only for your personal use. You may not sell or resell any of the products, Website or samples you buy or receive from us, without express, written authorization. FUR reserves the right, in its sole discretion, to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in FUR’s sole judgment, appear to be placed by dealers, resellers or distributors, or are otherwise unauthorized. FUR may make changes to any products or services offered through the Website, or to the prices for any such products or services, at any time, without notice. FUR reserves the right to cancel any order placed at its sole discretion and for any reason.

Additional Terms and Conditions may apply to purchases of goods or services and to particular portions or features of the Website, all of which terms are hereby made a part of these Terms by this reference. You agree to abide by any such other Terms and Conditions. You represent that you are of sufficient legal age to use or participate in such service or feature. In case of a conflict between these Terms and Conditions of Use and the Terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

 

Resale Terms for FUR PROFESSIONALS™

By applying and being selected to the FUR PROFESSIONALS™ program, you may be granted authorization to resell FUR products. FUR, LLC is the only authorized party to sell FUR products via online retailers (including, but not limited to, Amazon.com, Walmart.com, ebay.com; etc. and all foreign counterparts of such websites) (“Third Party Sites”). If you are authorized to sell FUR products, the authorization is limited to physical sales in your private commercial establishment or via a directly-related website that is not hosted or associated with any Third Party Sites. For the avoidance of doubt, the authorization does not extend to any Third Party Sites, and you are not authorized to sell via any Third Party Site, including an online store page on a Third Party Site.


Information Accuracy

While describing our products, we try to be as accurate as possible. However, we do not assume any responsibility for the accuracy of information. FUR reserves the right to do any of the following without prior notice: (a) Suspend, terminate or modify the access to or operations of the Website (b) Change or modify the Website or any portion of it, or the products or its programs and their descriptions (c) Interrupt the functions or features of the Website for maintenance or other changes.



Limited License

The content, information, software, designs, materials, functions and data included in and contained on the Website or made available via the Website (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access Services. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this Website are protected by copyright and/or trademark law and are the property of FUR or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from FUR.

Subject to your strict compliance with these Terms, you may access and use the Website only for personal, non-commercial use, or in connection with your authorized purchase of our products or FUR PROFESSIONALS™ account. In connection with these uses, FUR grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Website on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, Website or brands. Any unauthorized business use, “re-mailing” or high-volume or automated use of the Website is prohibited.

As a condition of your use of the Website, you warrant to FUR that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or our computer network or interfere with any other party’s use and enjoyment of the Website. You may not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You agree not to attempt to reverse-engineer the Website or access any protected or non-public portion of the Website without express authorization from FUR.

In addition to our other legal rights, we may limit or terminate your license to use the Website, or certain features of the Website, at any time and for any reason, without any prior notice to you whatsoever.



Submissions

The Website may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, photos, or other materials (collectively, “User Submissions”) to or through the Website. When you provide User Submissions, you grant to FUR a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or Website. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

You agree that your User Submissions will be limited to messages and material that are proper and related to the Website. By posting, uploading, inputting, providing or submitting your User Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the necessary license noted in the preceding paragraph. You represent, warrant, and covenant that your User Submission will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;

Impersonate any other person, user, or FUR, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or FUR;

Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or Website for any business purpose, unless such user Submission specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another User Submission that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Website and User Submissions.

Violate any code of conduct or other guidelines which may be applicable for any particular User Submission.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations

We may refuse or remove a User Submission without notice for any reason in our sole discretion, including our belief that a User Submission may violate these Terms and Conditions or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions. We cannot and do not assure that other users are or will be complying with the foregoing or any other agreement, and, as between you and us, you hereby assume all risk of harm, injury, or damages resulting from any such lack of compliance. Once you upload a User Submission, it may become public. We are not responsible for any harm, injury, or damages whatsoever, arising out of your upload of a User Submission that becomes public.



Linking to This Website.

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another site and creating any link from another site to any page on this Website without our prior written permission is strictly prohibited. Permitted links to this Website must comply with applicable laws, rules and regulations.



Third- Party Sites.

The Website may contain links to third party web sites that are meant for convenience of the users and visitors (“Linked Sites”), and the inclusion of any link does not imply endorsement by FUR of the site or any association with its operators. The Linked Sites are not under the control of FUR and FUR is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FUR is not responsible for webcasting or any other form of transmission received from any Linked Site. Linking to any such third-party site is at your own risk and FUR is not responsible for reliability or accuracy of information or data of such sites. Please review the Terms and Conditions and Privacy Policy of third-party sites that you visit.



Termination of Access/Restriction of Access

FUR reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.



No Warranty/ Limitations of Liability

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND WEBSITE INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. FUR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS OR WEBSITE OFFERED, OR TO THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FUR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, WEBSITE AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, WEBSITE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, WEBSITE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY FUR PRODUCT OR LINKS TO ANY THIRD PARTY SITE FROM THE WEBSITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, WEBSITE AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.



Indemnification

You agree to defend, indemnify and hold harmless FUR and its affiliates, subsidiaries, agents, licensors, and managers, and their employees, contractors, agents, officers and directors,  from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Submissions or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.



Binding Arbitration/Class Waiver

For any dispute with FUR, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that FUR has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of FUR’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Orlando, FL under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FUR from seeking injunctive or other equitable relief from the courts as necessary to protect any of FUR’s proprietary interests.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FUR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

 

Choice of Law / Jurisdiction

The laws of the State of New York govern these Terms and Conditions and any dispute of any sort that may arise between you and FUR or its affiliates, without regard to conflict of laws rules, as if entered into by residents of New York and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving New York County, New York or a federal court of competent jurisdiction in the State of New York for any action relating to the Services or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

We make no representation that any Website is appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.



Trademark / Copyright/ Notice of Infringement

All Content of the Website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2021 by FUR or its licensees. All rights reserved.

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to FUR, or other respective owners that have granted FUR license to use such marks.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and where it is located on the Website;

Information reasonably sufficient to permit FUR to contact you, such as your address, telephone number, and, e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying FUR and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with FUR’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.




Assignment / Entire Agreement / Severability / Admissibility

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FUR without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between the user and FUR with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FUR with respect to the Website.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Modification and Changes to these Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting a revised Terms and Conditions on the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Website following the posting of changes to these Terms and Conditions other policies means you accept the changes.



No Waiver

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and FUR’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.



Contact Us

If you have any questions about these Terms and Conditions, the practices of this Website, or your dealings with this Website, please contact us at:

Fur LLC

64 Bleecker St Suite 102

NY, NY 10012

Or by email at hello@furyou.com




II. FUR PROFESSIONALS REWARDS TERMS & CONDITIONS

Welcome to the Fur Professionals Rewards Program (the "Program"). As a member of the Program, you will be able to earn Fur Rewards Points ("Points") which can be redeemed for a great selection of merchandise and money discounts (“Rewards”), just by using by purchasing our products, reviewing products, following us on social media, or participating in certain promotions.

 

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please read these Terms & Conditions carefully. By accessing or participating in the Program, you agree to be bound by the following Terms & Conditions and all terms incorporated by reference. If you do not agree, do not access or participate in the Program. These Terms & Conditions apply to your access to, and participation in, the Program, and do not alter in any way the terms or conditions of any other agreement you may have with Fur for other products or services.

 

Eligibility
Only residents of the United States and its territories who are over eighteen (18) years of age are eligible to become Program Members (“Members”) and earn Points. The Program is void where prohibited by law and is subject to change as may be necessary to comply with such laws or regulations. The Program is intended for personal use only. Commercial use is prohibited.

 

Becoming a Fur Rewards Program Member
You can become a Member when your application is approved to become a Fur Professional at https://furprofessionals.com/pages/apply (the “Site”) and supplying the requested information, including your name and a valid email address. There is no purchase or fee required to enroll in the Program or become a Member. When you enroll in the Program, your account will automatically be tied to your email address and/or a unique Program account number.

All Member enrollments are subject to verification at any time and for any reason. Fur reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to it– including, without limitation, government issued photo identification) for the purposes of verifying an individual’s eligibility to participate in the Program; and/or for any other reason Fur deems necessary, in its sole and absolute discretion. Failure to provide such proof to the complete satisfaction in a timely manner may result in Program disqualification.

 

Earning Points
There are a number of ways a Member can earn points (each a “Qualified Activity”):

  1. Sign up! Earn 100 points just for signing up for the Program. Limit one enrollment per eligible individual.
  2. Each time you Shop! -- For every dollar ($1) you spend at Furrprofessionals.com in the same transaction, you will earn three (3) Points. Members must be logged into their account when making a purchase to earn points.
  3. Earn Points for following and interacting with Fur Professionals on Social Media:
    1. Earn 50 points each for following Fur on Facebook and Instagram – Members must be logged into their account and click the corresponding campaign link on the rewards page to navigate to the social media site to earn points.
    2. Earn 50 points for sharing your Fur Professionals product on Facebook - Members must be logged into their account and click the corresponding campaign link on the rewards page to navigate to the social media site to earn points.
  4. Leave a Product Review and earn 100 Points – Members must be logged into their account when leaving a review to earn points.
  5. Take our quiz and earn 100 Points – Members must be logged into their account and click the corresponding campaign link on the rewards page to navigate to the quiz to earn points.
  6. Earn $5 off as a Birthday Reward – Members must input their birthday into the corresponding Birthday Reward campaign to receive this reward.

 

For any Qualified Activity, Fur will attempt to credit your Account with the corresponding number of Points on a timely basis, usually within seven (7) days after earning. You, however, have the responsibility of making sure that your Points are properly credited. Please retain copies of your purchases for your records. Any claim for Points not credited accurately must be received by us within six (6) months of the date of claimed accrual of such Points. Points are calculated based on the amount spent, including tax, and rounded down to the nearest one (1) dollar. Sale items are not excluded from earning points for every one (1) dollar spent. If a Member returns an item(s), the corresponding Points earned from that purchase will be deducted from the Member account when the item(s) are refunded. 

 

Earning Tiers
There are three tiers a Member may enter into depending on how much the Member spends on furyou.com. 

  1. “Fur Fan”: Spend $1-$74 annually
    1. Each time you Shop! -- For every dollar ($1) you spend at Furyou.com in the same transaction, you will earn three (3) Points.
    2. Earn $5 off as a Birthday Reward 
    3. Free Domestic Shipping on all purchases 
    4. Certain days out of the year, when you shop on furyou.com you will earn bonus points. 
  2. “Fur Family”: Spend $75-$149 annually
    1. Each time you Shop! -- For every dollar ($1) you spend at Furyou.com in the same transaction, you will earn four (4) Points.
    2. Earn $10 off as a Birthday Reward 
    3. Free Domestic Shipping on all purchases 
    4. Certain days out of the year, when you shop on furyou.com you will earn bonus points. 
    5. Members receive 100 bonus points for entering the “Fur Family” tier.
    6. When there are sales, Members receive double points on each order.
  3. “Furever”: Spend $150+ annually
    1. Each time you Shop! -- For every dollar ($1) you spend at Furprofessionals.com in the same transaction, you will earn five (5) Points.
    2. Earn $15 off as a Birthday Reward 
    3. Free Domestic Shipping on all purchases 
    4. Certain days out of the year, when you shop on furyou.com you will earn bonus points. 
    5. Members receive 200 bonus points for entering the “Fur Family” tier.
    6. When there are sales, Members receive double points on each order.
    7. Members receive early access to sales

 

Redeeming Points
Points can be redeemed for products and/or discounts offered online at furyou.com. The number of Points required to redeem for a product will be shown online at furyou.com. Fur reserves the right in its sole discretion to change the products offered as well as the number of Points needed to redeem an item at any time. Fur also reserves the right to limit the quantity of Points an account may redeem in a single transaction. Gift cards are subject to the issuer's own Terms & Conditions. Except where required by law or provided for in these Terms & Conditions, Points have no cash value and no exchange rate to any market currency, and are not your property.

 

Points Expiration
Points will not expire as long as a Qualifying Activity was made through your Fur Account at least once every one (1) year. "Qualifying Activity" shall mean a Points-eligible Qualified Activity. All Points on your Account shall expire if no Qualifying Activity was made through your Account for the preceding one (1) year period.

 

Participation in the Program
Without notice to you, Fur reserves the right to discontinue your membership and void or cancel your entire Points balance if, in its sole discretion, you do not meet the Program eligibility requirements, if any Points in your account are issued, received, or redeemed through fraud or theft, or otherwise illegally, or not as authorized in these Terms & Conditions, or you have violated these Terms & Conditions or the sue of your Rewards account is unauthorized, deceptive, fraudulent, or otherwise unlawful.. Fur reserves the right at any time to limit Program enrollment. Fur may, in its sole, discretion, suspend, cancel, or combine Rewards accounts that appear to be duplicative.  

You agree not to misuse Program privileges by conduct which is detrimental to us, including without limitation: attempting to accrue Points or redeem Points in a manner inconsistent with our policies or the intent of these Terms & Conditions; having multiple accounts; or participating in purchasing or redemption fraud. Points may not be shared or transferred. Points that are transferred, bartered or sold will be void and unredeemable.

 

The Program May be Suspended, Changed or Terminated
Fur reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the Program, in whole or in part; to modify, limit or suspend the use of or redemption of Points in any respect; to modify or change redemption procedures, including the number of Points required for particular reward; to modify, limit or suspend the collection of Points, including but not limited to imposing time limits and changes in Points values. Fur may make these changes even though the changes may affect the value of Points already accumulated at any time and from time to time. Any changes or modification will be effective immediately upon posting the revisions to furprofessionals.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in the Program following any such changes or modification confirms your acceptance of these Terms & Conditions and such changes or modifications; therefore, you should review these Terms & Conditions and the policies, as well as any and all policies, FAQs, and guidelines pertaining to the Program frequently to understand the terms and conditions that apply to your access to and participating in the Program. 

You should not rely upon the continued availability of the Program, or any earning or redemption offers, merchandise or other offers made in connection with the Program. All merchandise and/or offers are available while supplies last and are subject to change and/or revocation without notice.

 

General Conditions
Fur’s decisions with respect to all aspects of the Program are final and binding on all participants without right of appeal. Any attempt by any member to obtain more than the stated number of Points by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that member’s Points. Use of any automated system or service to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Member. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Any automated computer receipt or statement of account does not constitute proof of actual number of Points.

Fur reserves the right to withdraw, amend or suspend the Program (or to amend these Terms & Conditions) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond its reasonable control. Any attempt to deliberately damage or to undermine the legitimate operation of the Program in any way is a violation of criminal and civil laws and should such an attempt be made, Fur reserves the right to seek remedies and damages to the fullest extent permitted by law.

 

Privacy
By participating in the Program, each Member expressly consents to the storing, sharing and using the personal information in accordance with the following privacy policy: https://furprofessionals.com/pages/privacy-policy.

 

Dispute Resolution
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding, and subject to only very limited review by a court. This arbitration provision shall survive termination of these Terms & Conditions. 

Fur hopes to answer all your questions and most concerns can be resolved quickly and to your satisfaction by contacting us at pros@furyou.com. If, however, there is an issue that needs to be resolved it must be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this agreement. 

All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Member agrees that (1) any and all disputes and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Member; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Member be permitted to obtain awards for, and Member hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Member's actual out-of-pocket expenses (i.e., costs associated with participating in the Program), and Member further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Member and Fur in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Members are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By participating in the Program, you, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in this section shall include claims known or unknown, and unknown and unsuspected.

 

Severability
If any provision or part of a provision of these Terms & Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

Questions:
In the event of any discrepancy or inconsistency between these Terms & Conditions and any other statement contained in any Program-related materials, these Terms & Conditions shall prevail, govern and control to the fullest extent permitted by law. 

If you have any questions regarding the Program, Fur can be contacted by email at pros@furyou.com.

 

 

 

Last Updated: June 10, 2022