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Last Updated: 3/10/2022

Fulton and Roark LLC (“we”, “us”, or “our”) operates the https://fultonandroark.com/ website (the “Site”).  This Privacy Policy (this “Policy”) applies to the Site.

This Policy applies to information collected via the Site.  This Policy describes what personal information is collected via the Site, how it is used and with whom it may be shared and what choices are available to you regarding the use of your data.  When we use the term “personal information” we mean information that can be used to identify a particular individual (directly or indirectly).  

If you do not agree with the terms of this Policy, then please stop using the Site. By using the Site, you consent to this Policy.

 

WHAT INFORMATION DO WE COLLECT?

We collect information from you when you place an order. When ordering or registering on the Site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, and credit card information.   The credit card information is collected by our payment processor and is not shared with us.  We only receive the details of the items purchased and shipping information for purposes of fulfillment.  

You may also visit the Site without ordering or registering with us.  For website visitors, registered and unregistered, the Site also uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device.

 The Site also uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” to help us analyze how users use the Site.  The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google.  To learn more about Google Analytics and how you can opt out, visit https://tools.google.com/dlpage/gaoptout.  By using the Site, you consent to the processing of data about you by Google.

 

WHAT DO WE USE YOUR INFORMATION FOR? 

Any of the information we collect from you may be used in one of the following ways:

  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To provide the Site
  • To improve the Site
  • To protect the Site
  • The Site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the Site to target ads to you on other websites.
  • To process transactions
  • To send periodic emails - The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
  • To enforce our terms, conditions, and policies for business purposes 
  • To comply with legal requirements 
  • To respond to legal requests
  • To prevent harm
  • For other purposes with your consent

    Note: If at any time you would like to unsubscribe from receiving future marketing emails, we include unsubscribe instructions at the bottom of each email. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

    YOUR ACCESS TO AND CONTROL OVER INFORMATION 

    Your Account. You may set up an account by linking a social media account (such as Facebook and Google). You may also sign up for an account by providing your name and email address. If you wish to edit or delete your account, you may email us at info@fultonandroark.com. 

    Cookies.  Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies.  If you choose to remove cookies or reject cookies, this could affect certain features or services of the Site.  To opt-out of interest-based advertising by advertisers on the Site, visit http://www.aboutads.info/choices.  

    SECURITY

    No electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. 

    DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

    We share personal information with our service providers who assist us in operating the Site, conducting our business, fulfilling orders, processing payments, improving the Site, protecting the Site, or servicing you. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. We reserve the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Fulton and Roark LLC, or of any of the business of Fulton and Roark LLC, in order for you to continue to receive the same products and services from the third party; with our professional advisors, such as accountants, lawyers, and other professional advisors that assist us in carry out our business activities and with your permission or otherwise in accordance with applicable law.  Our website analytics providers may use website usage data in connection with marketing, advertising and other uses.

    THIRD PARTY LINKS 

    At our discretion, we may include or offer third party products or services on the Site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these sites.

    DO-NOT-TRACK SIGNALS; THIRD-PARTY TRACKING

    Unless your browser settings are configured to make your online activities and information about your online activities (such as traffic data as described above) invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without any action on our part. To learn more about browser tracking signals and “Do Not Track”, please visit http://allaboutdnt.org. Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Services.  Please note, however, that we cannot control third-party tracking and there may be some third party tracking that occurs without our knowledge or consent.

    CHILDREN’S PRIVACY

    The Site is not intended for children under age 13. If we learn that we have inadvertently collected personal information from anyone under the age of 13, we will delete it. If you believe that we have collected personal information from anyone under the age of 13, please contact us using the contact information at the bottom of this Policy.

    ONLINE PRIVACY POLICY ONLY

    This Policy applies only to information collected through our website and not to information collected offline.

    CHANGES TO OUR PRIVACY POLICY

    This Policy may change from time to time. If we decide to change this Policy, we will post those changes on this Site.  The Policy changes will be effective upon posting.

    CONTACTING US

    If you have any questions regarding this Policy, you may contact us at: INFO@FULTONANDROARK.COM

    www.fultonandroark.com 
    INFO@FULTONANDROARK.COM

     

     

    SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

    Fulton & Roark (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

    Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

    Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@fultonandroark.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

    Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and
    • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

    Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Winston-Salem, North Carolina before one arbitrator.

    The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Fulton & Roark’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

    If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).

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