Terms of Service and Privacy Policy

Who we are

Our website address is: https://idealload.com

 

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Terms of Service

Last Updated: 06/01/2019

These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by IdealLoad LLC. (“IdealLoad LLC” or “we,” “us” or “our”). By accessing or using any of our Services, you are entering into a binding agreement with IdealLoad LLC and agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section12, do not access or use our Services

By making a purchase on or through our Services, you agree to the Terms of Sale. These Terms are in addition to our Terms of Sale that govern your purchase of products from us. If you have any questions about these Terms or our Services, please contact us at [email protected].

1 Eligibility

You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2 User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and may not share your password or log-in credentials with any third party. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.

3 Privacy

IdealLoad LLC Privacy Notice

Last Updated: 06/01/2019

IdealLoad LLC (“IdealLoad LLC” or “we” or “us”) is committed to protecting and respecting your privacy. This Privacy Notice explains how IdealLoad LLC collects, uses and discloses information about you when you visit or conduct transactions through our websites, and other online products and services (collectively, the “Services“) or when you otherwise interact with us, such as via email or through live chat. By visiting IdealLoad LLC.com or otherwise using our Services, you are accepting the practices we describe in this Privacy Notice.

We may change this Privacy Notice from time to time.  If we make changes, we will notify you by revising the date at the top of the notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Notice whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

WHAT INFORMATION DOES IDEALLOAD LLC COLLECT?

Information You Give Us

We collect the information you provide directly to us.  For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form or survey, leave a product review, participate in a contest or promotion, make a purchase, apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.  The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, and any other information you choose to provide.

When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information, and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does identify an individual, this information is treated as Personal Information.

Information About Your Use of the Services

Information

We collect information about your use of the Services, such as the search terms you enter, your purchase history and invoice data.

Automatically Collected Information

When you access or use our Services, we also automatically collect information about you, including:

  • Log Information: We collect log information about your use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  • Device Information:  We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, serve ads, and understand campaign effectiveness.  For more information about cookies and how to disable them, please see “Your Choices” below.

Information We Collect from Other Sources

We may obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to mailing list providers, our business partners you use to access or link to the Services, third-party websites through which you enter contests and promotions, and publicly available sources. [Additionally, if you create or log into your IdealLoad LLC account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, by your site settings and the authorization procedures determined by such social media site].

HOW DOES IDEALLOAD LLC USE THIS INFORMATION?

We use the information we collect to provide, maintain, and improve our Services, such as manage user accounts, send marketing communications, perform analytics, and deliver targeted advertising. We may also use the information we collect, including your Personal Information, to:

  • Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions and customer service requests;
  • Communicate with you about products, services, offers, and events offered by IdealLoad LLC and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, and activities in connection with our Services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of IdealLoad LLC and others;
  • Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
  • Facilitate contests, sweepstake, and promotions, process entries and deliver awards; and
  • Carry out any other purpose described to you at the time the information was collected.

WITH WHOM DOES IDEALLOAD LLC SHARE YOUR PERSONAL INFORMATION?

We only share your Personal Information as described below

  • We work with third-party service providers who perform certain services on our behalf, such as vendors who provide customer service, deliver your orders, handle user reviews, provide us with analytics data concerning our Service, provide marketing assistance, remove repetitive information from customer lists, provide search results and links, process credit card payments. We may provide them with your Personal Information but only so that they can provide us with their services;
  • We may disclose your Personal Information if requested or required by law enforcement, legal process, or government authorities, but we will do so in accordance with applicable law;
  • We may provide your Personal Information if we believe your actions are inconsistent with our user agreements or policies, or as we reasonably deem necessary to protect the rights, property, and safety of IdealLoad LLC or others, which may include sharing information with other companies for purposes of fraud protection or investigating or preventing illegal activities;
  • As part of our business, we may sell or buy other companies or business units, enter into financing transactions, sell company assets, consolidate, or merge with other companies. We may be sharing or disclosing your Personal Information in connection with, or during negotiations of, any of these types of business activities;
  • We may disclose your Personal Information to our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
  • With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.

SOCIAL SHARING FEATURES

The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), [which let you share actions you take on our Services with other media, and vice versa].  Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

HOW DOES IDEALLOAD LLC ADVERTISE AND PERFORM ANALYTICS?

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by IdealLoad LLC and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.

HOW LONG DO WE RETAIN YOUR DATA?

The time periods for which we retain your Personal Information will depend on the purposes for which we use it. We will retain your Personal Information for as long as is necessary to provide the Services or for other legitimate business purposes unless applicable law requires we either dispose of it or keep it longer. We may also continue to store your Personal Information to allow us to resolve disputes, enforce our agreements, comply with legal obligations and/or for other legally permissible purposes consistent with this Privacy Notice.

WHAT ABOUT INFORMATION OF CHILDREN?

IdealLoad LLC does not knowingly collect any Personal Information from children under the age of 18. If we discover we have received any Personal Information from a child under the age of 18, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 18, please contact us at [email protected].

WHERE IS YOUR INFORMATION STORED AND PROCESSED?

IdealLoad LLC is based in the United States, and we process and store information in the U.S.

HOW DO WE SECURE YOUR PERSONAL INFORMATION?

We use commercially reasonable measures to help protect your Personal Information from loss, theft, misuse and unauthorized access, disclosure, and alteration. While these measures help ensure your data is safe and secure, please be aware no service over the Internet or wireless networks is completely secure against hacks, intrusions, attacks, or other unauthorized access. We cannot guarantee none of these events will occur, so please take care in deciding what information you provide to us.

WHAT CHOICES DO YOU HAVE REGARDING YOUR INFORMATION?

Account Information

You may update, correct, or delete information about you at any time [by logging into your online account or emailing us at [email protected]. If you wish to delete or deactivate your account, please email us at [email protected], but note that we may retain certain information as required by law or for legitimate business purposes.  We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services or to complete transactions on our website.

Promotional Communications

You may opt-out of receiving promotional emails or promotional texts from IdealLoad LLC by following the instructions in those or contacting Customer Service at [email protected].  If you opt-out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations, such as fulfilling pending orders, policy updates, or responding to customer service-related requests.

4 Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
  • Use or attempt to use another user’s account;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion that controls automated access to portions of our Services; or
  • Use our Services for any fraudulent, illegal, or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.

5 Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ IdealLoad LLC Content”) are owned by or licensed to IdealLoad LLC and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, IdealLoad LLC and our licensors reserve all rights in and to our Services and the IdealLoad LLC Content. We hereby grant you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and IdealLoad LLC Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or IdealLoad LLC Content; (b) copy, reproduce, distribute, publicly perform or publicly display IdealLoad LLC Content, except as expressly permitted by us or our licensors; (c) modify the IdealLoad LLC Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or IdealLoad LLC Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or IdealLoad LLC Content other than for their intended purposes. Any use of our Services or IdealLoad LLC Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you.

6 Feedback

From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about IdealLoad LLC or our products or Services (collectively, “Feedback”). You agree that all Feedback is non-confidential and will become the sole property of IdealLoad LLC. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback, which you hereby assign to us, and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless IdealLoad LLC and our officers, directors, agents, suppliers and employees (individually and collectively, the “IdealLoad LLC Parties ”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims “) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another party (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and IdealLoad LLC or the other IdealLoad LLC Parties.

8 Disclaimers

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Also, IDEALLOAD LLC DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY IDEALLOAD LLC CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE IDEALLOAD LLC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHEN YOU USE OUR SERVICES, YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

9 Limitation of Liability

IDEALLOAD LLC AND THE OTHER IDEALLOAD LLC PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE IDEALLOAD LLC SITE, EVEN IF IDEALLOAD LLC OR THE OTHER IDEALLOAD LLC PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF IDEALLOAD LLC AND THE OTHER IDEALLOAD LLC PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.

THE LIMITATIONS OUTLINED IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF IDEALLOAD LLC OR THE OTHER IDEALLOAD LLC PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10 Release

To the fullest extent permitted by applicable law, you release IdealLoad LLC and the other IdealLoad LLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

11 Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

12 Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with IdealLoad LLC and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or IdealLoad LLC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or IdealLoad LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and IdealLoad LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services or your purchase of products from us will be resolved through confidential binding arbitration held in Utah in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and IdealLoad LLC agree that any dispute arising out of or related to these Terms, our Services or your purchase of products from us is personal to you and IdealLoad LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and IdealLoad LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and IdealLoad LLC agree that the state or federal courts of the State of Utah and the United States sitting in Kansas City, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND IDEALLOAD LLC WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right out opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by submitting a request to opt out via Certified Mail. To be effective, your request must include your full legal name, and indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you agree to resolve Disputes in accordance with Section 13.

13 Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Utah.

14 Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

15 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

16 Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17 Miscellaneous

These Terms, and any other terms on the site applicable to your purchase constitute the entire agreement between you and IdealLoad LLC relating to your access to and use of our Services. The failure of IdealLoad LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.