FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY USER AGREEMENT (DEFINED BELOW)) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.
When we refer to “Hose Monster,” “we,” “us” or “our,” we mean Hydro Flow Products, LLC d/b/a The Hose Monster Company or, as applicable, the specific division, subsidiary, or affiliate that operates the Website, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Website. If the person accessing the Website acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
In order to access certain portions of this Website, you may be required to register by completing a Registration Form found at (“Registration Form”). Hose Monster may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials to access the restricted portions of this Website. You may not have a User Name that attempts to impersonate another person, or violates the rights of others. Hose Monster may also reject any User Name that Hose Monster determines in its discretion is unacceptable for use on this Website. Although you are not required to register, if you do not register, you may be required to accept these Terms each time you wish to access this Website.
You are solely responsible for all use of this Website under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify Hose Monster of any actual or suspected unauthorized use of this Website, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure.
Intellectual Property and Restrictions on Use of Information and Content
As a user of the Website, you have a non-exclusive, non-transferable, limited, revocable license to use the Website solely for your personal use. You may not use the Website for any other purpose whatsoever. All information and content provided on this Website, whether explicitly marked or not, is the property of Hose Monster and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on this Website. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Website are owned by Hose Monster and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
All content of this Website is © 2021 Hydro Flow Products, LLC d/b/a The Hose Monster Company. All rights reserved. Hose Monster names and logos are either registered trademarks or trademarks of Hose Monster in the United States and/or other countries. Other logos and Product and company names mentioned herein may be the trademarks of their respective owners. If you are aware of an infringement of our brand, please let us know by e-mailing us at [email protected] We address only messages concerning brand infringement at this e-mail address.
You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content or marks available on this Website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of Hose Monster. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on this Website. You may not use Hose Monster’s Marks in connection with any product or service that is not Hose Monster’s, or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the Website grants, or should be construed as granting, any rights with respect to any Marks.
You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the Website, or reproduce or circumvent the navigational structure or presentation of the Website, without Hose Monster’s express prior written consent. You must not interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, or policy of such servers or networks.
Nothing contained in these terms and conditions or on the Website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of Hose Monster or with respect to any Hose Monster information, software, services or content, except as expressly set forth above. Any use of the information, content or marks available on this Website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
We welcome your comments regarding Hose Monster. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Submissions”) sent to Hose Monster shall be and remain the exclusive property of Hose Monster. Your tender of any such Submissions shall constitute an assignment to Hose Monster of, and you hereby assign and agree to assign to Hose Monster, all worldwide rights, titles and interests in all copyright and other intellectual property rights in the Submissions. Hose Monster will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
HoseMonster.com may link to and/or contain advertisements about websites not owned or controlled by Hose Monster or other Internet resources. Hose Monster neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Hose Monster does not endorse or sponsor such other third-party websites or other internet resources and Hose Monster expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through HoseMonster.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, privacy policies, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Hose Monster shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
Hose Monster makes no representation that materials, Products or Services on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Limitation of Liability
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL HOSE MONSTER, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF HOSE MONSTER, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION.
Without limiting the above disclaimers, Hose Monster, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning this Website or any other Internet site, the access to, or the availability or use of, this Website or any other Internet site, the information and content from whatever source posted on or referred to in this Website or any other internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Website or any other internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Website or any other internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Hose Monster’s failure to maintain the site as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, natural disasters, acts of terrorism, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these terms.
Digital Millennium Copyright Act (“DMCA”)
Hose Monster respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, Hose Monster has adopted a policy of terminating the accounts of, in appropriate circumstances and at Hose Monster’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hose Monster may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Hose Monster will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Hose Monster will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hose Monster the following information in your Notice (to be effective, the notification must include ALL of the following):
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Hose Monster to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Notices of claimed copyright infringement should be directed to Hose Monster’s designated agent:
The Hose Monster Company
1330 Ensell Road
Lake Zurich, IL 60047
Attn: Compliance Department
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HOSE MONSTER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Collection of Information
SOURCES OF PERSONAL INFORMATION: When you visit this Website, you may provide Hose Monster with two types of information: personal information you knowingly and voluntarily choose to disclose, and information that we automatically collect as you browse this Website. In the course of inquiring about or using Hose Monster’s services, including registering on or using our website you may be asked for, among other things, the following personal information: your name, e-mail address, postal address, telephone number, fax number, business contact information, communication preferences and other registration information.
CATEGORIES OF PERSONAL INFORMATION AND HOW WE USE IT: The personal information collected by Hose Monster includes:
Identifiers (name, e-mail address, postal address, telephone number, fax number, business contact information, communication preferences and other registration information.) We use this information to respond to your inquiries about Hose Monster’s service and manage your registration on this Website.
Internet or other electronic network activity information (referring URLs, IP addresses, domain types, the browser type used to come to this Website, the country, state and telephone area code where their servers are located, the pages of this Website that visitors viewed during their visit, any search terms entered on this Website, social media interactions). We use this information to personalize your website experience and improve the performance of this Website and make it more compatible with the technology used by the visitors of this Website.
RETENTION: We will keep your personal information only for as long as reasonably necessary to fulfill the purposes for which personal information is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your personal information for our purposes, we will destroy, delete or erase that personal information or convert it into an anonymous form.
Communication Preferences and Control Over Information
Hose Monster may send you communications by email, mobile text (SMS) messaging, telephone calls, or push notification. Hose Monster may also send emails to customers (including their employees) that promote the same kinds of products and services Hose Monster is presently providing them, or similar kinds of Hose Monster products and services that may be of interest to them. If you have any questions or concerns about the type of personal information Hose Monster has about you, would like to change/correct any personal information, or request that Hose Monster delete any personal information, you may contact us via the email address or phone number given on our website. You may also opt out of any future communications from Hose Monster at any time. We will try to comply with your request(s) as soon as reasonably practicable.
Third Party Advertising
We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use this Website or online services. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use Hose Monster’s website. You may receive advertisements based on information relating to your access to and use of this Website and other websites or online services on any of your devices, as well as on information received from third parties. These companies may place or recognize a unique cookie on your browser. They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. The cookies used by Hose Monster do not collect or store your personal information and any information collected is anonymized.
Securing your personal information is important to Hose Monster. The personal information we collect is stored within databases that we control directly or through our service providers, and we have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the personal information we collect online. Hose Monster will exercise all reasonable efforts to safeguard the confidentiality of personal information, such the use of firewalls and encryption technology consistent with industry standards. However, no transmission can be absolutely secure. Accordingly, Hose Monster shall not be liable for unauthorized disclosure of personal information due to no fault of Hose Monster, including, but not limited to, errors in transmission and unauthorized acts of Hose Monster staff or third parties.
If you are a resident of the State of California, the following rights are available to you under the California Consumer Privacy Act (CCPA):
Right to access: You have the right to request that we disclose the categories of personal information collected, the categories of sources from which personal information is collected, the business or commercial purpose for collection, the categories of third parties with which we share personal information, and the specific pieces of personal information that we have about you. You also have the right to request that we provide your personal information to you in a readily useable format.
Right to request deletion: You have the right to request that we delete personal information that we collected from you. Note, however, that certain requests to delete personal information may be denied if we are required to retain the information as a matter of law, the information is necessary for detecting security incidents, exercising free speech, protecting or defending against legal claims, or for internal uses reasonably aligned with consumer expectations, including transaction data.
Right to non-discrimination: You have the right not to receive discriminatory treatment by us for exercise of these privacy rights. We do not offer financial incentives related to the provision of data.
Authorized agent: You have the right to designate an authorized agent to make these requests on your behalf.
To exercise any of these rights, please contact us at (888) 202-9987 or at [email protected] We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
EUROPEAN RESIDENTS—EEA ADDENDUM
Data Subject Rights
If you are located in the EEA, you have rights as a data subject under applicable data protection law. You may exercise these rights, in accordance with applicable law, free of charge or (where warranted) for a reasonable fee. These rights include:
the right to request access to your Personal Information;
the right to receive a copy of your Personal Information for purposes of transmitting it to another company;
the right to have your Personal Information corrected or erased or restricted;
the right to withdraw any consent you have provided to our processing of your Personal Information;
the right to object to our processing of your Personal Information, including profiling.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation. You may request to exercise these rights by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
Last updated: March 2021