THE HOSE MONSTER COMPANY
Collection of Information
SOURCES OF PERSONAL INFORMATION
When you use HM Products, 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 use HM Products.
In the course of registering for and using HM Products, you may be asked for, among other things, the following personal information: your name, e-mail address, postal address, telephone number, fax number, birth date, driver’s license number, geolocation information, banking information, and communication preferences. We will never ask for or collect your Social Security number or other taxpayer ID number, protected health information, or biometric 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, and fax number) – We use this information to communicate with you and to facilitate your use of HM Products.
- Customer records information (name, e-mail address, postal address, telephone number, fax number, geolocation information, banking information that includes credit card account information, bank account and routing numbers) – We use this information to complete transactions with you and to facilitate your use of HM Products.
- 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 HM Product experience, improve the performance of the HM Products, and make HM Products more compatible with the technology you use.
- Geolocation information – We use this information to facilitate your use of HM Products and improve your experience with HM Products.
Sharing of Information
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.
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 [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 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
The Hose Monster Company
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. Conditions of Use
You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms. You affirm that you are over the age of 16, as HM Products are not intended for children under 16. You warrant that you will not use HM Products to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of Hose Monster, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. Hose Monster reserves the right, but is not obligated, to monitor your use of HM Products. You acknowledge and hereby consent to such monitoring. Hose Monster reserves the right to terminate your access to and use of HM Products for violation of these Terms.
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided through this Website or any HM Products (including, but not limited to, the structure and graphical user interface of any HM Product itself), 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 in the HM Products environment. To the extent the HM Product is comprised in whole or in part by software, you have a non-exclusive, non-transferable, limited, revocable license to use such software solely for your personal use in connection with your use of the HM Product(s). You may not use such software for any other purpose whatsoever. Your use of such software shall be further governed by the terms of any “click-thru” end user license agreement accompanying such software (“EULA”). In the event of any inconsistency between the terms of the EULA and these Terms, the terms of the EULA shall control to the extent they relate to your use of such software. You also represent and warrant to Hose Monster that you are authorized to bind your employer, if applicable, to these Terms.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements, including the HM Products name (collectively, “Marks”), whether explicitly marked or not, used on HM Products are owned by Hose Monster and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
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 or any HM Products 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 or any HM Products. You may not use Hose Monster’s Marks, including the Hose Monster name, , 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 on the HM Products, 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 this Website or any HM Products, or reproduce or circumvent the navigational structure or presentation of this Website or any HM Products, without Hose Monster’s express prior written consent. You must not interfere with or disrupt the operation of this Website or any HM Products or the servers or networks used to make this Website or the HM Products available.
Nothing contained in these Terms or on HM Products 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 HM Products, or 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 or any HM Products that does not comport with these Terms 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.
Hose Monster welcomes your comments regarding HM Products. However, any comments, feedback, notes, messages, ideas, suggestions or other submissions or 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.
HM Products may link to 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 this Website or any HM Products 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.
Disclaimer of Warranties and Limitation of Liability
YOU USE HM PRODUCTS AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON HM PRODUCTS ARE 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. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT BY HOSE MONSTER AND NO LIABILITY IS ACCEPTED BY HOSE MONSTER FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND HOSE MONSTER SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND.
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 HM PRODUCTS, 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 HM PRODUCTS 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 HM PRODUCTS. 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 HM Products, the availability or use of HM Products, the information and content from whatever source posted on or referred to on this Website of in HM Products, or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, HM Products will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Website or the HM Products are, 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 or any HM Products 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 or any HM Products. 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 this Website or any HM Products 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.
You agree to indemnify, defend, and hold harmless Hose Monster, its affiliates and licensors, and the officers, partners, employees, and agents of Hose Monster and its and their affiliates and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use, or attempted access or use, of this Website or any HM Products.
Enforceability and Governing Law
These Terms and your access to and use of HM Products are governed by the laws of the State of Illinois, and disputes arising from or related to your access to and use of HM Products shall be adjudicated exclusively in a forum located in the State of Illinois. HM Products are controlled and offered by Hose Monster from its facilities in the United States of America. Hose Monster makes no representations that HM Products are appropriate or available for use in other locations. Those who access or use HM Products from other jurisdictions do so of their own volition and are responsible for compliance with local laws, rules and regulations.
In the event any provision or portion of these Terms is held to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions and/or portions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. 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.
If you have questions about HM Products or these Terms, please feel free to contact us at ser[email protected] or 1330 Ensell Road, Lake Zurich, IL 60047.
Last updated: March 2021