PRIVACY POLICY AND TERMS OF USE

PRIVACY POLICY AND TERMS OF USE

Privacy Policy

This privacy policy only applies to websites operated by Reid Performance, LLC (“RP”). RP is the operator of the website and/or other related websites (collectively "Site"). RP and its officers, directors, employees and agents are required to honor this Privacy and Security Statement. This policy is not intended to govern any existing or future websites and/or services operated by third parties or companies not controlled by RP.

If you choose to purchase products and/or services from the Site, you will be required to provide the following personal information ("PI"): your name, credit card information, telephone number, mailing/shipping address and email address. PI is collected in the following ways: 

Financial PI: RP collects PI to process your order, contact you about your order or answer your questions or concerns. Third party merchants process the Financial PI. RP takes no responsibility for third party actions, does not indemnify third parties and by using the third party merchants to process your Financial PI you agree to hold RP harmless for any actions taken by the third party merchants.

Personal PI: RP collect non-financial Personal PI for members. By signing up, you give RP permission to collect and retain your Personal PI. RP uses your telephone number for customer service if you contact RP about your account; please use a valid telephone number. Third-party traffic and analytic management software collects information through Cookies set on your computer if your computer allows Cookies ("Analytic Software"). Information gathered by the Analytic Software may be associated with your Personal PI. 

Online Membership Registration: you do not have to register on the RP site to shop online.

Marketing: when you register, the opt in to receive RP marketing promotions is pre-selected. Opt in recipients receive other forms of email and text message (“SMS”) communication, such as special offers. You specifically authorize RP to send you email and SMS communications until you opt out. You may opt out of RP email and SMS as well as any form of non-transactional communication from within your account. If you opt to receive emails, RP will share your name and email address with the email service provider to deliver email marketing information, use of this information is only permitted in connection with administration and delivery of the email program. 

Surveys: RP may conduct voluntary surveys through the Site or email. The surveys may ask customers for background information and about their preferences. You are not obligated to participate. The information RP collects through surveys is used to better serve customers and improve satisfaction. RP does not sell any information gathered in the surveys but may share the results with Corporate or Business Affiliates in accordance with this Statement.

Links: RP provides links to websites outside its control. RP is not responsible for the privacy, terms of use or other policies of any other website or their management of your PI.

Corporate change: RP may sell, transfer or otherwise disclose Personal PI including but not limited to your name and mailing address, if there is a fundamental corporate change, such as a merger, consolidation, reorganization, strategic partnership or the sale of substantially all assets.

Government process: if compelled to do so by valid subpoena or court order or other governmental process, RP may disclose PI as legally required to do. RP may use or disclose your PI if necessary to protect the interests of RP or its Corporate Affiliates. 

Cancellation: you may opt out of RP email marketing and other email communications at any time by choosing the unsubscribe link in a message or send RP and email requesting to opt out. Transactional emails may not be opted out of as they relate to your service, devices and billing. 

Technical Information

Cookies: RP collects and aggregates information on thousands of site visits about how users navigate the Site. RP analyzes this information to improve the Site by gearing it to users' preferences. RP may share this information with affiliates or other third-party companies to indicate the interest in the Site and make technical improvements. This aggregated information will not identify you individually or any other user of the Site.

Cookies identify your computer and not your email address. RP uses cookies to track items you placed in your shopping cart during a single shopping session. Cookies automatically expire when you do not return to the Site for a certain period of time. Your browser must be set to accept cookies before you can place an order. RP Business Partners may use cookies on the Site. RP has no access to, or control over these cookies once partners are given permission to use cookies for advertising purposes. 

Analytical Data: Analytic service providers, and advertising software may use cookies and may receive information about your browsing and buying activity on the Site. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring website, if any.

Security

RP has electronic and corporate policies and procedures in place for the security of every order placed online. Secure Socket Layer technology (SSL) keeps others from intercepting your information while being transmitted across the Internet. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. The secure mode begins when you initiate your order. All information, once on the RP server, is protected from any external intrusions. Once your order is processed, RP does not retain your credit card number in the online systems. Only RP employees who require your PI to serve you have access to your data, which is password protected. SSL protects information sent to RP, and the security certificate confirms RP is the recipients of this information. RP strives to protect your data with the utmost care at all steps in the process. However, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. RP does not warrant or ensure the security of any information sent to RP online.

Email Abuse: Fake emails that appear to be sent from reputable sources, but are not, are known as "phishing," which is an attempt to trick unwary recipients of an email into divulging PI. If you have any question about the genuineness of an email you receive that appears to be from RP, please contact RP. Do not furnish any PI in response to the email unless its authenticity can be verified.

Transaction Security

Secured communications on the internet require attention to authentication, encryption and data integrity. All three are addressed by the Secure Socket Layer (SSL) protocol. Authentication is the process of establishing your connection with the web server, rather than another server assuming RP identity. RP obtained a digital security certificate from Go Daddy Secure Certification Authority. The security certificate confirms RP is the recipients of your communication. 

Encryption is the process of scrambling data (through use of keys and mathematical encoding algorithms) to prohibit the data from being understood between your browser and the server. Encryption protects communications between your browser and RP Site. To ensure you are in SSL or secure mode for your transactions, look at the address of the page. Secure pages usually have an address of 'https://'. 

Child Policy: If you are under 18 years of age, do not submit any information without the express consent and participation of a parent or guardian. If you believe RP has information from or about anyone under 13 years of age, please contact RP immediately.

Links: RP may provide links to affiliated entities and to other sites. These sites operate independently of RP and have established their own privacy and security policies. For the best online experience, review these policies before submitting any Personal Information through these sites.

Consent to Transfer

The Site is operated in the United States (“USA”). If you are outside the USA, the information you provide to RP will be transferred to and within the USA. By using the Site and providing PI through the Site, you consent to this transfer.

Canadian Residents: except as restricted by law, are entitled to access their PI collected by RP by writing to: Reid Performance, LLC, 110 W. Michigan Ave., STE 750, Lansing, MI 48933. RP may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm before processing your request. If you believe information collected is incomplete or inaccurate, RP will correct the information upon verification of the error and the identity of the person requesting the change.

California Residents: In addition to the rights set forth above, you have the right to request information from RP regarding how certain categories of your PI are shared with third parties, for the third parties' direct marketing purposes. California law provides you the right to submit a request to us at the designated address and receive the following information: The categories of information disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year; names and addresses of third parties that received such information; and the nature of third party's business cannot be reasonably determined from the their name, examples of the products or services marketed.

RP collects various types of personal information about you both online and offline during the course of the customer relationship. RP does not share your information with third parties. 

Updates to this Statement

RP reserves the right to make changes at any time to its policies and/or alter the look and functionality of the Site. If there are changes to the use of your PI, RP will post the policy change and update this Statement accordingly. RP encourages you to periodically review this Statement for updated information on privacy and security policies. Statement last updated December 28, 2019.

By using the Site you agree to be bound by the terms of this Privacy Policy. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.

Terms and Conditions

In addition to the terms set forth in the Privacy Policy, RP provides its Site to users on the following terms and conditions. 

Security Rules: you are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you or logging into a server or account you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You are specifically prohibited from accessing the raw data in RP data files (".glf files"). If RP finds files or processes belonging to you pose a threat to the proper technical operation of the system or to the security of other members, RP reserves the right to delete those files or to stop those processes. If RP suspects a username is being used by someone not authorized, RP may temporarily disable access in order to preserve system security. In such case, RP will contact you in a reasonable time. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited. Violations of these Security Rules may result in civil and/or criminal liability. RP investigates occurrences of such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Username and Password: you are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify RP of any unauthorized use of your registration, information, username or password.

Indemnification: by using the Site you agree to defend, indemnify and hold harmless RP from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site.

Release and Limitations of Liability: you agree to release RP from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your breach of this Agreement. IN NO EVENT SHALL RP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, RP'S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.

RP Intellectual Property: The Site and its contents are copyright of RP, ©2008-2019. All rights reserved.

Warranties: RP DOES NOT WARRANT THE SITE OR SERVERS WILL OPERATE ERROR-FREE OR WILL ALWAYS BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RP IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, SOFTWARE, TEXT, GRAPHICS AND LINKS.

 

Severability: If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

Waiver: breach of this Agreement, wholly or in part, may not be waived. Non-action of this Agreement, wholly or in part, shall not be deemed a waiver of any breach, or relinquishment of any other right.

Equitable Relief: damages at law may be an inadequate remedy for a breach, or threatened breach, of this Agreement and in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction or other equitable remedy. Nothing herein contained is intended to, nor shall it, limit or affect any right or rights at law or by statute or otherwise of a Party aggrieved as against the other for a breach or threatened breach of any provision hereof, the respective rights and obligations of the Parties hereunder shall be enforceable in equity as well as at law or otherwise and the mention of any particular remedy shall not preclude a Party from any other remedy it or he might have, either in law or equity.

Jurisdiction. Venue and Applicable Law: this agreement shall be interpreted and governed in accordance with the laws of the State of Michigan. You agree that any action arising under or relating to this Agreement shall be filed in either state or federal court in Lansing, Michigan and that personal jurisdiction and venue shall be and is proper in such state or federal court. Any dispute arising under or relating to this Agreement shall be submitted to non-binding mediation in Lansing, Michigan prior to the filing any lawsuit in state or federal court

RP reserves the sole right to make changes at any time to this Agreement at any time. You should periodically review this Statement for updated information on the privacy and security policies. By using the Site you agree to be bound by the terms of this agreement. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.