California Air Resource Board (CARB) Compliance
Ducshop LLC does not take responsibility for any exhaust system or ancillary part intended for closed course competition (Race Parts) that has been installed on a California registered street motorcycle. This is due to California state law prohibiting the sale of aftermarket exhaust systems, fuel controllers, smog block off plates or any other part that removes, negates or otherwise circumvents the catalytic converter on a registered, street legal motorcycle. It is upon the responsibility of the buyer that any non-CARB compliant exhaust is used for Closed Course Competition only. By purchasing from Ducshop LLC you acknowledge that all non-CARB compliant exhaust equipment is only legal for closed course competition use only.
Ducshop LLC Terms and Conditions
Welcome to Ducshop LLC ("us", "our" or "we") website, ducshop.com (the "Website"). To promote a safe, non-offensive environment for all visitors to our Website, we have established these "Terms and Conditions". The terms and conditions that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth in these Terms and Conditions. By accessing or using any areas of our Website, you accept and agree to all of the terms and conditions herein and you agree to be bound by these Terms and Conditions, which form a legally binding agreement. If you do not agree to all of the Terms of Conditions, please do not use this Website.
Privacy
The information that we collect and the ways in which we use such information is set forth in our Privacy Policy. Our Privacy Policy may be reviewed by visiting Privacy Statement.
General and Changes to Terms and Conditions
All rights not expressly granted to you by us in these Terms and Conditions are reserved to us, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests or businesses, or to our customers, affiliates, licensors or licensees.
We reserve the right to change these Terms and Conditions, and our separate Privacy Policy, from time to time as we deem appropriate by posting such changes on this Website or Privacy Policy, as applicable. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Terms and Conditions so that you always will know what terms and conditions apply to your access to and use of this Website, or our use of any User Content that you have posted on this Website or submitted to us. Your continued use of this Website and/or your submission of any User Content to us after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Website may change, and we may restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time.
Ownership, License, and Limitations
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by us or our affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Website.
Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time.
This Website includes certain trademarks and service marks owned by us and/or our affiliates or third parties. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
Use at Your Own Risk
We provide the content, information and other materials available through our Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. If you rely on any content, information or other materials, products, or services available through our website, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any content, information or other materials, products or services.
Your Account
To protect the account information of our Website members, where applicable, we may assign to you either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their ads as needed.
If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Links
This Website may provide links or references to third party sites that we do not operate and/or that will allow you to leave this Website or open an additional browser connecting you to the third party site. Any such links to third party sites are provided merely as a convenience to the users of this Website, and such links do not imply our endorsement of such other third party sites or the content contained therein. We disclaim all liability with regard to your access to such linked websites and your use of and access to any other websites linked to this Website is at your own risk. Further, we have no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. For information about such other third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.
Data Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are intended to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
Any personally identifiable information that you provide to us in electronic communications (including but not limited to email and/or sms/text messages) is governed by our privacy policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our privacy policy, the terms of which are incorporated in these terms and conditions by reference.
User Content
You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, data, materials or other postings or communications (collectively, "User Content"), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email, SMS/text messages or other means of electronic communication. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant us and our affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant us and our affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user's personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.
Notification of Claims of Infringement
We respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
* A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact our Copyright Agent at: mark@ducshop.com.
Disclosure of Your Information; Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect our rights, property or personal safety and/or our affiliates, employees, users of or visitors to this Website or the public.
Without limiting any other portion of these Terms and Conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to our Website and/or block your future access to our Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of our Website, including, but not limited to, our Privacy Policy. These remedies are in addition to any other remedies we may have at law or in equity.
Disclaimer of Warranties
You agree that our website and all content, information or other materials, products or services available through our website are provided by us on an "as is," "as available" basis without warranties of any kind, either express or implied, and that your use of our website and all content, information or other materials, products or services available through our website is entirely at your own risk. Without limiting the generality of the foregoing, we, and our affiliates, licensors and licensees, specifically disclaim any and all warranties, express or implied by statute or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to this website and/or your use thereof.
Limitation of Liability
Neither we, nor our affiliates, licensors or licensees, shall have any liability for any errors, inaccuracies, omissions, or other defects in the content, information or other materials, products or services contained within or otherwise available through our website. In no event shall we, or our affiliates, licensors or licensees, be liable to you or anyone else for any damages, other than direct damages, arising out of your access to or use of, or inability to use, our website or any content, information or other materials, products or services within or otherwise available through our website or our use of any materials that you provide to us. In addition to and not in limitation of the foregoing limitation of liability, in no event shall we, or our affiliates, licensors or licensees, be liable to you or anyone else for any special, indirect, consequential, punitive, exemplary or similar damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data), even if we or any such other person has been advised of the possibility of such damages.
Without limiting the foregoing, you agree that our entire aggregate liability, if any, arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, our Website or any content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you provide to us, will not exceed one hundred dollars ($100).
Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Indemnity
You hereby agree to indemnify, defend and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys' fees, arising from or relating to:(i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or (iii) any dispute between you and any third party.
Miscellaneous
Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website, or any items such users have listed or searched for on our Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
These Terms and Conditions are governed by the laws of , U.S.A. You hereby consent to the exclusive jurisdiction and your respective venue of state and federal courts in the U.S.A, for all disputes arising out of or relating to these Terms and Conditions, our Privacy Policy, the use of our Website, or the content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you have posted on our Website or submitted to us. Use of our Website or the content, information or other materials, products or services within or otherwise available through our Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of our Website or the content, information or other materials, products or services within or otherwise available through our Website.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use our Website and the content, information or other materials, products and services within or otherwise available through our Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website or the content, information or other materials, products or services within or otherwise available through our Website will not be permitted.
You agree that any and all causes of action arising out of or relating to our Website or the content, information or other materials, products or services within or otherwise available through our Website shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof.
Questions
If you have any questions, please contact us at mark@ducshop.com.
Privacy Statement
Ducshop LLC Privacy Policy
Effective Date: July 10, 2018
Your privacy is important to us. To better protect your privacy, Ducshop LLC ("us", "our" or "we") provides this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website (this "Website"). Please see our Terms and Conditions for additional information applicable to your use of our Website. By accessing or using any areas of our Website, you expressly consent to the provisions of the Privacy Policy and to our collection, storage, use and disclosure of information obtained from you as described in this Privacy Policy.
The Information We Collect
You do not have to give us personally identifiable information in order to access and browse our Website. However, while on our Website, you may be able to order and buy products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other "information request" form, or otherwise communicate with us, including via email and/or SMS/text messaging. In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to identify you, such as your name, address, phone number, email address, contact preferences, credit card information, financial information or information relating to a support or service issue. If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy, which are described in detail below under "How We Use the Information". Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information. In addition, if you do provide us with your personally identifiable information, you have the ability to prevent us from sharing your information with third parties if you wish, as described below under "Your Options Regarding Personally Identifiable Information".
We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website or otherwise communicate with us, including via email and/or SMS/text messaging, and we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information we collect and all aggregated/compilations of data we create are our exclusive property. Nothing in this Privacy Policy limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.
How We Use the Information
Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below. (Please see "Your Options Regarding Personally Identifiable Information" below for information on how to avoid having your personally identifiable information shared by us.)
Business Providers, Unaffiliated Businesses: At times, we may provide products, services or offerings on our Website in cooperation with an unaffiliated third party. We may share personally identifiable information that you provide in connection with any such products, services or offerings with the unaffiliated third party(ies) involved in your particular product, service or offering. For instance, when you express interest in products, services or other items that we offer (for example, by completing a request for or information regarding such services), we will share your request with the businesses with which we partner to offer you those products, services and other offerings (collectively, "Business Providers"). By electing to participate or otherwise expressing interest in any such product, service or offering conducted in conjunction with any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware that the Business Providers with whom we share your personally identifiable information may retain or use your information whether or not you use their services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy. Additionally, we may share personally identifiable information with unaffiliated third parties to whom you expressly ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions provided in any email you receive from any such third party. In addition, you may opt-out of our sharing your personally identifiable information with Business Providers and other third parties or request removal of data by emailing us at mark@ducshop.com.
Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, sending postal mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of these functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions.
In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our emails or SMS/text messages and prefer not to receive marketing information from us, please follow the "unsubscribe" instructions provided on any marketing email you receive from us or contact us at mark@ducshop.com.
Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.
Business Transactions: In addition, we may also disclose your personally identifiable information in connection with reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including accounts) for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy or similar proceedings). These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your personal identifiable information for substantially the same purposes as those set out in this Privacy Policy. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your personally identifiable information in any manner whatsoever for any purpose, and to return or destroy such personally identifiable information.
With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.
Your Options Regarding Personally Identifiable Information
Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties or request removal of data by emailing us at mark@ducshop.com.
Your California Privacy Rights
If you are a California resident, you may have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement, please contact us at mark@ducshop.com.
Third Party Online Advertising
We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here.
Use of Cookies
"Cookies" are simple text files stored on your computer for use by a browser. Certain Website features may only be available through the placement of a cookie. We may use "cookies" to assist in data collection and to track visitor Website usage and trends to help us better serve our customers. The use of cookies is a standard practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.
Collection of Information by Third-Party Sites and Ad Servers
Our Website may contain links to other websites whose information practices may be different than ours. Our Terms and Conditions, Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Terms and Conditions and Privacy Policy do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.
Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use cookies, Web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.
Do Not Track Signals and Similar Mechanisms
Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites with which they communicate that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on our Website. Instead, as described above in this Privacy Policy you can manage how your information can be used by us and/or third-party service providers.
Our Commitment to Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. However, while such efforts are intended to ensure the confidentiality of your personally identifiable information available to us as a result of your use of our website, we cannot and do not warrant or guarantee the absolute safety and security of your personally identifiable information.
It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.
How You Can Access or Correct Information
You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website to view and correct any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may request information about or corrections to your personally identifiable information by sending an email or letter to the following street or email address: 2052 Airport Court SE, Marietta, GA 30060 or mark@ducshop.com.
Accessing our Website from Outside the United States
This Website is designed for, and intended to be used exclusively by, individuals who reside within the United States. If you are visiting our Website from a location outside the United States, such as the European Union, the information you provide to us will be stored on servers located in the United States and will be subject to the laws of the United States, and the laws of the United States may differ from the laws of the country in which you reside. We do not endeavor to comply with the privacy and security laws that may be applicable to the country in which you reside, such as the General Data Protection Regulation if you reside in a country located in the European Union. If you are a resident of a country in the European Union and choose to provide us with your personally identifiable information, such as, by submitting an inquiry, you understand that the information submitted will be governed only by the privacy and security laws of the United States.
By using this Website and/or providing us with your personally identifiable information, you (a) consent to the transfer and/or processing of your information in the United States, (b) acknowledge that United States law may provide a lower standard of protection for your personal data than the laws of your location, and (c) understand that we collect, transfer, store, process and/or deal with your information in accordance with this Privacy Policy and United States law. Any claims relating to the processing of your personally identifiable information in accordance with this Privacy Policy will be governed only by the laws of the United States.
Usage Terms
Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.
Unsubscribe Requests
To unsubscribe from email communications from us, please follow the "unsubscribe" instructions provided on any marketing email you receive from us or contact us at mark@ducshop.com.
Special Note for Parents
This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.
Disclaimer
As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, nothing in this privacy policy is intended to create or provide any right of action for violation.
Miscellaneous
Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.
This Privacy Policy is governed by the laws of the United States You hereby consent to the exclusive jurisdiction and your respective venue of state and federal courts in the United States, for all disputes arising out of or relating to this Privacy Policy.
You agree that any and all causes of action arising out of or relating to this Privacy Policy shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect
Changes to this Privacy Policy
We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. In the event of any changes to this Privacy Policy that materially impact your rights or obligations, we will notify you by posting a notice on our Website. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. The Effective Date is identified at the top of this Privacy Policy, this is the date the Privacy Policy was most recently revised.
Questions
If you have any questions, please contact us at mark@ducshop.com.
CCPA Privacy
California Privacy Notice
Effective Date: January 1, 2020
This California Privacy Notice supplements the information contained in our general Privacy Statement and applies solely to those visitors, customers and users that are residents of the State of California (“consumer” or “you”). Ducshop LLC (“we”, “us” or “our”) adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and other California privacy laws. Any terms defined by the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include publicly available information, deidentified information, aggregate information, or any information protected by other privacy laws and otherwise excluded from the scope of the CCPA.
This table identifies the categories of personal information we have collected directly or indirectly from our consumers within the last 12 months:
|
Category |
Examples |
Collected |
|
A. Identifiers |
Real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers |
Yes |
|
B. Personal information listed in the California Customer Records statute |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information |
Yes |
|
C. Protected classification characteristics under California or federal law |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) |
Yes |
|
D. Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
Yes |
|
E. Biometric information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data |
No |
|
F. Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement |
Yes |
|
G. Geolocation data |
Physical location or movements |
No |
|
H. Sensory data |
Audio, electronic, visual, thermal, olfactory, or similar information |
No |
|
I. Professional or employment-related information |
Current or past job history or performance evaluations |
Yes |
|
J. Non-public education information (as defined by the Family Educational rights and Privacy Act) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records |
No |
|
K. Inferences drawn from other personal information |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
No |
How We Use Your Information
We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:
- To fulfill the reason you provided the information (e.g., to provide more information on a vehicle or contact you regarding any service appointments);
- To provide you with the products and services you request;
- To operate, support, personalize, and develop our Website;
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website and via email or text message (with your consent, where required by law);
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets;
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- As described to you when collecting your personal information or as otherwise set forth in the CCPA; or
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.
Sharing Personal Information
We may disclose your personal information for a business purpose to third parties such as our subsidiaries and affiliates, as well as non-affiliated third parties with whom we partner to offer products and services to you.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose to the third parties identified above:
- Category A. Identifiers
- Category B. Personal information listed in the California Customer Records statute
- Category D. Commercial information
- Category F. Professional or employment-related information
In the preceding 12 months, we have not sold any personal information.
Your CCPA Privacy Rights and Choices
If you are a California resident, the CCPA provides you with additional rights regarding our use of your personal information. This section describes your CCPA rights and explains how to exercise those rights.
(1) Right to Access Your Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information during the 12 month period preceding your request. Once we receive and verify your request, we will disclose to you the information that you request and we are obligated to provide under the CCPA, which may include:
- The categories of personal information we have collected about you;
- The categories of sources from which we collected your personal information;
- Our business or commercial purpose for collecting your personal information;
- The categories of your personal information we have disclosed for a business purpose;
- The categories of third parties with whom we share your personal information;
- The specific pieces of personal information we have collected about you; and
- The categories of personal information we have disclosed for a business purpose and the categories of third parties to whom we disclosed such information.
(2) Right to Request Deletion
You have the right to request that we delete some or all of the personal information that we have collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to whom we have furnished that information to also delete) your personal information from our (and their) records. With respect to the exceptions, we may deny your deletion request in whole or in part if retaining your personal information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
(3) Right to Opt-Out
You have the right to direct a business not to sell your personal information at any time. Because it is our policy not to sell your personal information, we are exempt from providing any mechanism for you to exercise this right.
(4) Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you services, charge you different prices for any services, or provide you with a different level or quality of services.
Exercising Your Rights
You may request that we disclose or delete your personal information, as described above, by submitting a verifiable consumer request to mark@ducshop.com. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your information. You may only make a verifiable consumer request for access twice within any 12-month period. Your verifiable consumer request must:
- Describe your request with sufficient detail so that we may understand, evaluate, and respond to it, and
- Include your name and any email address or phone number you have provided to us, so that we may verify your identity.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and then confirm the personal information requested relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Additional California Privacy Rights
Under California’s "Shine the Light" law, you may also have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests.
If you have any questions about this California Privacy Notice, please contact us at mark@ducshop.com.
Ducshop LLC Accessibility Statement
Ducshop LLC is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
Measures to Support Accessibility
Ducshop LLC takes the following measures to ensure accessibility of ducshop.com:
- Assign clear accessibility targets and responsibilities.
- Employ formal accessibility quality assurance methods.
Conformance Status
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Ducshop LLC is partially conformant with WCAG 2.0 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standards.
Additional Accessibility Considerations
Although our goal is to adhere to WCAG 2.0 level AA conformance, content often changes which can have unknown effects on conformance. When identified, Ducshop LLC corrects those instances immediately. Webpages and site content are dynamic and as such, full conformance, while our goal, sometimes gets temporarily affected.
Feedback
We welcome your feedback on the accessibility of Ducshop LLC. Please let us know if you encounter accessibility barriers on Ducshop LLC:
- Phone: 770-858-0074
- E-mail: mark@ducshop.com
- Our Address: 2052 Airport Court SE, Marietta, GA 30060
Limitations and Alternatives
Despite our best efforts to ensure accessibility of Ducshop LLC, there may be some limitations. Below is a description of known limitations, and potential solutions. Please contact us if you observe an issue not listed below.
Known limitations for Ducshop LLC
- Integrated 3rd Party Services: Often when integrating with 3rd party web services or products, there are accessibility compliance issues related to those integrations or products because we cannot ensure the efficacy of products or services that other businesses provide. When identified, we contact the 3rd party to make them aware and also document that communication.
Assessment Approach
Ducshop LLC assessed the accessibility of by the following approaches:
- Self-evaluation
- External evaluation
Questions
If you have any questions, please contact us at mark@ducshop.com.