Thank you for visiting our site. Your privacy and security are important to us.
The Information We Collect
HFTFS does not require users to provide personally identifying information to access most of the content on our Sites. However, non-personal information (which cannot be associated with a particular individual) may be collected during your visit. By visiting one of our Sites, you grant us permission to collect non-personal information and/or aggregate information, which may include location, IP address, browser details, and similar non-identifying details for the purpose of understanding how visitors are using our Sites. HFTFS may aggregate such information to provide summaries of use of our Sites and to better understand the interests of users as a group.
We do not knowingly collect or maintain personally identifying information from minors without the consent of a parent or guardian. If you believe that we might have any unauthorized information from or about anyone under the age of 18, please contact us at the email address provided below.
You do not have to register to browse our Sites. Signing up for email updates is an optional service. When you register or join our listserv, you are asked for certain personally identifying information which may be used to assist us in our provision of services. When you register or join, you will have the opportunity to receive email newsletters that cover certain subjects that may be of interest to you. These newsletters will be sent to you only if you choose to place your name on our mailing list. In order for us to deliver these newsletters, HFTFS may need to pass along your name and email address to the service providers who supply us with email service and who authenticate and validate the information you provide.
Contests, Sweepstakes, Questions or Surveys
When you ask a question, participate in a survey or enter a contest or sweepstakes at a HFTFS sponsored event or through our Sites, we may collect personally identifying information. This information is used to administer your participation in a contest or sweepstakes and for HFTFS’s other business needs. Additional official rules and terms may apply in such instances.
Information Collected from Third Parties
Privacy Preferences/Opt Out
If at any time you would like to be removed from any/all HFTFS newsletters or the like, you may do so by unsubscribing from the email/newsletter, or by contacting us at email@example.com with the word “REMOVE” in the subject line and your email address in the body. It may take up to 30 days to remove your address from our files.
How We Use and Share Information
We will not sell, exchange or release users’ personally identifying information to any third party, except to the extent necessary to comply with applicable laws or valid legal processes, to protect the rights and property of HFTFS, or to provide the services, opportunities or information a user has requested. The information we collect is used to 1) provide improved online content and services; 2) customize the content and/or layout of our Sites for each individual user; 3) verify or enforce compliance with the policies governing our Sites and protect against misuse or unauthorized use of our Sites, and 4) provide the services, opportunities or information a user has requested.
Third-party service providers may need access to some of your personally identifying information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We also reserve the right to provide third parties with aggregate statistics about our users, traffic, and viewing patterns and other site information. This data would reflect site usage patterns, but would not contain personally identifiable information about any individual user. In certain circumstances, we may share your information with service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in confidence.
We may also disclose user information if required 1) to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws; 2) to respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity; 3) to respond to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law; 4) to take appropriate or necessary action against liability or fraudulent, abusive or unlawful uses; or 5) to protect the integrity of our information technology systems.
Non-Voluntary Information; Personalized Advertising
(a) General Tracking Information. Our Sites collect information through a number of different technologies, including cookies and web beacons. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. Among other things, HFTFS and/or its service provider may keep records of the pages visited by each site user. HFTFS and/or its service provider may aggregate this information with data on the pages visited by other users to track overall visitor traffic patterns. This information would be used to improve our Sites and to develop functions and user tools which would make it more responsive to the needs and preferences of our Sites’ users.
(b) Cookies and Web Beacons. Our Sites use a technology called “cookies” to help facilitate transactions on our Sites. A cookie is an element of software code that our Sites can send to your browser, which is then stored on your hard drive so we can recognize you when you return. Cookies do not gather personal information such as email addresses. The information provided by cookies allows us to measure user trends (such as which domains refer users to our Sites), to provide personalized content where available, to help diagnose problems with our servers, to administer our Sites more effectively and to gather broad geographic information about where users are accessing our Sites from. Should you decide not to accept cookies from our Sites, you will limit the functionality we can provide when you visit our Sites.
(c) Other Information. We may collect additional automatic information about your visit to our Sites, such as time of day, browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information is used for analytical purposes and to help us in furtherance of our mission. We may also use this information to administer and troubleshoot our Sites.
(d) Aggregate Information. On occasion we may provide this aggregate information (which shall not include personally identifiable information) to vendors, consultants, public agencies, investors, news agencies and others to demonstrate the amount of interest in our Sites and to help us plan for technical infrastructure requirements.
(e) Emails. In HTML emails that we send, we may use technology for a variety of purposes, including, without limitation, determining whether our emails have been opened or forwarded by the intended recipient and/or whether the recipient has clicked on links in those emails, customizing banner advertisements and other messages after a recipient has closed the email, and determining whether a recipient has made an inquiry in response to a particular email. These technologies may enable us to collect and use information in a form that is personally identifiable.
Keeping your information safe is very important to us. However, no data transmission over the Internet can be guaranteed to be totally secure. We strive to protect your personal information, but we cannot ensure or warrant the security of any information that you send to us, and you do so at your own risk. We use reasonable precautions to keep the personal information you disclose in your browsing and to only release this information to third parties we believe share our commitment to privacy. However, we are not responsible for any breach of security or for the actions of these parties.
A note about “Phishing” attacks: We will never send you an email requesting you to validate account/password information or personal information such as credit card numbers. If you do receive an email that appears to come from HFTFS and asks for this type of information please forward the email directly to firstname.lastname@example.org (noting “Possible Phishing attack” in the subject line of your e-mail) and then delete it from your inbox.
Links to Other Websites
Our Sites and emails may contain links to other websites of interest that are not owned, operated or controlled by HFTFS or its affiliates. All such links are provided solely as a convenience to you. If you choose to use these links, you will leave our Sites or emails. Once you have used these links to leave our Sites or emails, please note that we have no responsibility for that external site. In addition, if you choose to share our digital content through social media networks, or to watch a video posted to a third-party media site, you may be sent cookies from these third-party websites. This privacy statement does not govern other sites. These linked or third-party websites have separate and independent privacy policies, which we encourage you to read carefully. The inclusion of that link on one of our Sites, in one of our emails, or our posting to a third-party media site does not mean that we endorse that website, its content, or the organization to which it belongs.Neither HFTFS nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither HFTFS nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website, whether or not linked to or from one of our Sites, emails or posts, you do so entirely at your own risk.
HFTFS is a company based in the United States. If you are not a United States resident, please do not send us any personal information. We reserve the right to remove any personally identifiable information from anyone we determine not to be a United States resident.
Changes to this Policy
Trademark and Copyright
Unless otherwise stated, HFTFS owns or licenses the intellectual property rights in our Sites and material on our Sites, including all text, photos, images, design, logos, videos, graphics, publications, and other content. Nothing contained on any of our Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of our Sites without the prior written permission of HFTFS.
The name and logo for Harbor Freight Tools for Schools® are licensed by The Smidt Foundation, a 501(c)(3) nonprofit organization, which is the sole member of HFTFS, and may be used only with permission from The Smidt Foundation. All requests should be directed to email@example.com. Please state the subject as “Use of Intellectual Property.”
Use of Content
All content on our Sites, including photos and documents, is provided “as is” without any endorsement or warranty, whether express or implied. In no event will HFTFS be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the viewing or use of such content.
You may view, download, and print pages (or other content) from our Sites for your personal use. Material may not be used for any public or commercial purposes; edited or otherwise modified; republished in any manner; publicly displayed, sold, rented, or sub-licensed; or redistributed. All content contained on our Sites that is owned by other parties may not be reproduced or modified without prior written consent of those parties.
Exceptions for content owned by HFTFS may be granted with our prior written consent. All requests should be directed to firstname.lastname@example.org. Please state the subject as “Use of Website Materials.”
Linking to the Sites
Creating or maintaining any link from another website to any page on any of our Sites without our prior written permission is prohibited. Running or displaying any of our Sites or any material displayed on any of our Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to any of our Sites must comply with all applicable laws, rule and regulations.
User Information and User Content
You are solely responsible for your use of any comment sections, discussion forums, bulletin boards or other interactive features (“Interactive Areas”), if any, and use them at your own risk. Neither HFTFS nor its affiliates is responsible for User Content submitted to any of our Sites or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas, if any, by users of any of our Sites.
We may, but are not obligated to, monitor or review any User Content, and you agree that neither HFTFS nor its affiliates and/or their designees will be liable for User Content or any loss or damage resulting from User Content. We shall have no obligations to use, return, review, or respond to any User Content. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and you represent and warrant that you have all rights necessary to grant the rights granted above and that none of your User Content, if any, are or will be defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
We may refuse or remove any User Content without notice to you. Without limiting the foregoing, we retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law. Without in any way limiting the foregoing, if you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:
(i) You will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) is offensive (such as, but not limited to, expressions of bigotry, racism, abusiveness, vulgarity, obscenity or profanity); (c) violates or promotes violation of any law or advocates or provides instruction on activity that would constitute a criminal offense or give rise to a civil liability; (d) contains advertising or any solicitation with respect to products or services without the prior written permission of HFTFS in its sole and absolute discretion; or (e) does not generally pertain to the designated topic or theme of any Interactive Area;
(ii) You will not impersonate any person or entity, including, but not limited to, any HFTFS representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(iii) You will not interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about any other user or posting private information about a third party;
(iv) You will not upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;
(v) You will not interfere with or disrupt any of our Sites or the servers or networks connected to any of our Sites, or disobey any requirements, procedures, policies or regulations of networks connected to any of our Sites;
(vi) You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
(vii) You will not upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right, and you bear the burden of demonstrating that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Without in any way limiting the foregoing, you represent and warrant that you have the consent of each and every identifiable natural person in any submission to use such person’s name or likeness in the manner contemplated by HFTFS and that, if applicable, any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by HFTFS.
Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying any of our Sites will not be permitted. In addition to any remedies that HFTFS may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from our Sites of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Account and Password
If you use any of our Sites, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Our Sites are provided “as is.” We make no warranties, expressed or implied. Further, we do not warrant or make any representations in relation to the availability of our Sites or in relation to the information and materials provided on our Sites. Nothing on our Sites constitutes, or is meant to constitute, advice of any kind.
The information contained on our Sites, emails or posts is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our Sites or the information, opportunities, services, or related graphics contained on our Sites, in our emails or in our posts for any purpose. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Without in any way limiting the foregoing, we disclaim any and all responsibility for the accuracy or completeness of any information (or other content in User Content). Any reliance you place on such information is therefore strictly at your own risk.
YOUR USE OF OUR SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH OUR SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HFTFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR REPRESENTATIVES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH OUR SITES. THE MATERIALS AND SERVICES ON OR THROUGH OUR SITES MAY BE OUT OF DATE, AND NEITHER HFTFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR REPRESENTATIVES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HFTFS AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION, MATERIALS OR SERVICES LISTED OR PROVIDED ON OR THROUGH ANY OF OUR SITES, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
LIMITATIONS OF LIABILITY
HFTFS, ITS AFFILIATES, SERVICE PROVIDERS AND REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OUR SITES OR ANY OTHER SITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM ANY SITE, OR YOUR RECEIPT OF ANY EMAILS SENT BY OR ON BEHALF OF (OR CLAIMING TO BE BY OR ON BEHALF OF) HFTFS, ITS AFFILIATES OR REPRESENTATIVES. IN NO EVENT WILL HFTFS, ITS AFFILIATES, SERVICE PROVIDERS, OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF OUR SITES, ANY WEBSITES LINKED TO ANY OF OUR SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
IN THE EVENT OF ANY PROBLEM WITH ANY OF OUR SITES OR ANY CONTENT OR MATERIALS PROVIDED THEREON, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR SITES.
Choice of Law; Jurisdiction
By visiting any of our Sites and/or conducting business with us (including applying for any prize or grants that may be available from time to time on or through an application available or promoted on any of our Sites), you agree that, except as otherwise specified herein, the laws of the United States, including the Federal Arbitration Act, will govern any dispute that arises between HFTFS or between you and any of our affiliates or service providers resulting from or relating to your visit and use of our services or our Sites.
- Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year of the date of discovery of the facts first giving rise to the claim.
- Either party may elect to conduct the arbitration by telephone or written submission, but such arbitration shall be based in Los Angeles, California. If an in-person arbitration hearing is necessary or mutually agreeable, such in-person shall be conducted at a JAMS facility in your area or at a JAMS facility in Los Angeles.
- The selection of the Arbitrator shall be made pursuant to JAMS’ then-current Consumer Arbitration Rules.
- The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- If you elect to commence an arbitration, you will be subject to a filing fee pursuant to JAMS’s then-current procedures. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. HFTFS will remain responsible for our share of costs, expenses and fees in addition to any costs, expenses and fees required of us under JAMS procedures.
- Notwithstanding the arbitration clause herein, the parties also agree that HFTFS and/or its affiliates may bring suit in a federal or state court located in Los Angeles, California in cases of alleged infringement or other misuse of intellectual property rights or if your acts or conduct have subjected HFTFS or its affiliates to the imminent or reasonable risk of litigation from a third party. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
Any arbitration, claim or other proceedings by or between you and HFTFS or any of its affiliates shall be conducted on an individual basis and not through any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
You or HFTFS may suspend or terminate your account, if applicable, or your use of any of our Sites at any time, for any reason or for no reason. HFTFS reserves the right to change, suspend, or discontinue all or any aspect of any of our Sites at any time without notice.
All other trademarks not owned by HFTFS or its affiliates that appear on any of our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HFTFS or its affiliates.
Changes to Terms and Conditions