Coleman 4D Dual Action Widebeam Flashlight
This site and Services are not intended for use of any individual under 18 years of age. You certify to the Company that:
This Service is intended for United States residents only. This Service provides internet marketing and information for the benefit of Third Parties only. Marketing and information on home goods products and services are provided for consumer review and allows consumers to request additional information through a webform inquiry. We are not a home services contractor, mortgage lender, debt service or debt settlement company, real estate company, insurance agent, auto sales company or automotive warranty organization. This is not, or intended to be an application for any type of insurance or financial product.
You understand and agree that if you submit an inquiry on this site:
This arbitration provision limits your and the Company's ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.
BY ACCESSING AND/OR USING ANY SERVICES OF THE COMPANY YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE THE COMPANY'S SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if your claims are under $1,000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any disputes sections will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Arapahoe, state of Colorado.
Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You shall not use this Service for any illegal purpose, including, but not limited to:
Changes to Site, Terms and Policies
We reserve the right to change any information, features or functions of our Services without prior notice.
When you visit our site, use our Services or send email to us, you are communicating with us electronically and you:
We do everything we can to avoid Spam, including all commercially reasonable measures. If you have received unwanted email communications from us, please let us know as soon as possible so we can remove your information from all marketing efforts. You may email us HERE and let us know about the communications you received.
Copyright and Trademark Notice Information
Our Services may contain intellectual property owned by us and other parties. Under these terms and the relationship between users and us, we are the sole owner of the Services and all materials on or available through our Services including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Services Content”).
Except as otherwise specifically provided in this Agreement:
Except as otherwise expressly permitted herein, you may not:
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR SERVICES CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE SERVICES CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Services or by any of the equipment or programming associated with or utilized in connection with our Services or any Services provided on or through our site, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Services. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Services or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Services or Services Content.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY LOAN YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY LOAN YOU ACCEPT. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SERVICES MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER, INVESTOR, FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES OR LOANS PROVIDED BY SUCH SERVICE PROVIDERS.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold The Company , its subsidiaries, affiliates, agents, shareholders, officers contractors, vendors, employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Service, the violation of this Agreement by you, or the infringement by you, or other user of this site/service using your computer, of any intellectual property or other right of any person or entity.
The Company and its Service providers assume no responsibility of any kind for such content or actions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Date last revised: January 22, 2021
Please note that we are not a mortgage lender, home services contractor, debt service company, debt settlement company, real estate company, insurance agent, auto sales company or automotive warranty organization. This site and the services offered is not, and is not intended to be, any type of application for any financial/insurance product or service.
Personal information: This is information that can be used to identify you. Most of this information is provided by you on this site to fulfill your request. The information may include your name, address, telephone number(s), mobile numbers and email address, employment status or self-employment or other unique information about you which you provide to us on this site, or through the course of communicating with us about the products and services provided on this site.
Behavioral information: This is information which is automatically collected when you use the site. It includes the areas of the site that you visit, what services you engage with, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other web properties you may have visited. If we can identify you through this information, it is Personal Information.
Demographic information: This is information that refers to selected population characteristics. Such as zip code, military status, personal and online interests. When we can identify you through this information, it is Personal Information.
Third party information: This is information about you that we may collect from a third party which could include personal, demographic, behavioral and indirect information. This collection may include, but not limited to, first party cookies, third party cookies, anonymous cookies, persistent identifiers, email opt in, and search engine keywords. Since these are third party cookies, we have no access or control over these cookies and other tracking technology used or owned by third party advertisers and networks. Because we do not have ownership or control over this technology and it is governed by third party policies, we have no responsibility or liability for those parties or their policies and practices.
We will never knowingly collect any Personal Information from children under the age of 13. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, we have no such information to use or to disclose to third parties.
The information collected on this site is used and shared for the following purposes:
CrossDevice Advertising and Tracking: We may collect and use and share the above data with a third party for cross-device advertising purposes. This allows consumers to experience a personalized, informative marketing that delivers specific product interests over multiple devices. This information may be used for analytics, and reporting purposes.
Push Notifications: We may use push notifications and alerts to notify you of services and/or products that you have expressed interest in on multiple devices. If you no longer wish to receive these types of communications, you may turn them off at the device level. You may optout of push notifications or alerts. through your browser settings.
The use of technologies such as cookies, web beacons and java script may be implemented by us and third parties. These will be placed and used as tracking technologies by us, third parties and advertisers.
These technologies and some that are similar collect web technology information about you such as: internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or mouse and clickstream data. We may receive reports based on these technologies on an individual or aggregated basis for analysis purposes.
Data collected is purchased and/ or transferred to network in real-time. Should you choose to unsubscribe, opt-out or revoke consent, your data may have already been sent to our network. We cannot revoke your information from a third party if it has already been sent. When required, we will notify third parties that we have shared your information of your request. We will remove your personal information (as permitted by law) from our systems and further communication from us will cease. If any third parties contact you, please follow the instructions to opt-out in those entities’ specific communications.
We have relationships with other companies that we allow to place ads on our site to market offers that you may be interested in. When you visit our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of the companies representing the ads or click here.
Third parties may provide certain features on this site or to display advertising based upon your web browsing or application activity use Flash cookies and HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.
This site and communications such as email messages sometimes contain hypertext links to websites owned by third parties. We are not responsible for the privacy practices or the content of such other websites. These links are provided for your convenience and reference only. We do not operate or control any information, software, products or services available on these third party websites. The inclusion of a link on our site does not imply any endorsement of the services, products or website, or its sponsoring organization.
“Do-Not-Track” is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to Do-Not-Track signals.
If you wish to limit the collection of information by us or third party partners to provide you with marketing based upon your website browsing activities and interests, you may click here to opt out.
To opt out of targeted advertising on your mobile device, iOS users can click here to learn how to limit ad tracking and Android users can click here to learn how to opt out of interest-based ads.
Please note that opting out of interest-based/targeted advertising will not limit all advertising.
We are not responsible for the policies or practices of third parties.
No part of the Services is designed to attract anyone under the age of 18. Children under the age of 18 may not use the Services.
Children’s Online Privacy Protection Act- This site is intended to be used by people the age of 18 and older. We do not knowingly allow any users under the age of 13 to use our service. However, if you become aware of the existence of a user who is under the age of 13, or that an individual under 13 has provided their information to us, contact us immediately with details by emailing us at: [email protected].
If you are a parent or guardian and believe that your child under the age of 13 has provided personal information to us, you may contact us to request this information be deleted.
The California Consumer Protection Act has granted specific rights and remedies. For your California Privacy Rights and Remedies please click here
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