Information Collection and Use
TrophySmack.com is the sole owner of information collected on this site. We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our customers to process orders and better serve you with pertinent information, such as order confirmations and order status updates. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card number. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your user name and password remain confidential, DO NOT share this information with anyone. If you elect to receive our newsletter or special promotions, your contact information will be used for the delivery of these items. We allow third-party companies to collect non-personally identifiable information when customers visit our site. These companies typically use a cookie or web beacon to collect this information in order to provide advertisements likely to be of interest to you. Our site does not respond to “Do Not Track” signals or mechanisms.
Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit card number, expiration date, money order, wire transfer or check information. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use this contact information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. See the Security section below for more details on security measures and procedures. We do not share your personal and financial information with any third parties, except those specified in the Sharing section of this policy.
We customize certain Web page content based upon your browser type and other information provided by our cookie. We will not share any personally identifiable information provided by this cookie with any third party. We will, however, link data stored in cookies to the personally identifiable information you submitted while on our site. This allows us to personalize your shopping experience and discern user preferences to evoke subconscious feelings of familiarity and assurance.
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information, and we do not distribute or share IP information with any third parties.
We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes.
We reserve the right to disclose your personally identifiable information as required by law, and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
The testimonials section of the TrophySmack.com website is for the purpose of sharing positive experiences. The testimonials section is moderated to ensure accurate and positive testimonials. Published testimonials are genuine and are not edited or altered by TrophySmack.com. TrophySmack.com reserves the right to post or remove any testimonial at its discretion.
By posting your comment(s) or testimonial(s) (“Testimonial”) on our website, you give us permission to reprint or use the Testimonial in connection with our business. You also are agreeing to the following: (1) The reprint or use of the Testimonial will be at our discretion and without compensation; (2) We may use the Testimonial with or without any pseudo (pen) name credit; (3) Our right to use the Testimonial is perpetual and may be assigned by us; (4) We may use the Testimonial locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and (5) You and not someone else composed and posted the Testimonial.
Other than your pseudo (pen) name, which we may or may not use, your personal contact information will not be disclosed in connection with our reprint or use of your Testimonial.
TrophySmack.com does not sell products for purchase by children. Youth-oriented products are sold for purchase by adults only. If you are under the age of 18, you may only use TrophySmack.com in the presence of a consenting parent or guardian. We will not knowingly or intentionally collect personal information via the Internet from children under the age of 13. TrophySmack.com is committed to protecting the welfare and privacy of children.
This website contains links to other sites. Please be aware that TrophySmack.com is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site, and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
TrophySmack.com takes precautions to protect its customers’ information. When you submit sensitive information via the website, your information is protected both online and offline.
When our registration/order form asks you to enter sensitive information (such as your credit card number), that information is encrypted and is protected using SSL encryption software. To learn more about SSL, follow this link: www.verisign.com.
TrophySmack Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from TrophySmack, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. TrophySmack reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TrophySmack also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TrophySmack, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that TrophySmack and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from TrophySmack through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
Customer Care If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email firstname.lastname@example.org.
This message program is a service of TrophySmack, located at 1800 N. Glassell St Orange CA 92865.
- Dispute Resolution
a. General. In the interest of resolving disputes between you and TrophySmack in the most expedient and cost effective manner, you and TrophySmack agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from TrophySmack or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from TrophySmack or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND TrophySmack ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or TrophySmack to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and TrophySmack will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TrophySmack. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. If you or TrophySmack intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). TrophySmack address for Notice is: TrophySmack, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and TrophySmack will make good faith efforts to resolve the claim directly, but if you and TrophySmack do not reach an
agreement to do so within 30 days after the Notice is received, you or TrophySmack may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TrophySmack must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, TrophySmack will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TrophySmack for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and TrophySmack agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or TrophySmack made within 14 days of the arbitrator's ruling on the merits.
e. No Class Actions. YOU AND TrophySmack AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TrophySmack agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if TrophySmack makes any future change to this arbitration provision, other than a change to TrophySmack address for Notice, you may reject the change by sending us written notice within 30 days of the change to TrophySmack address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and TrophySmack.
g. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.