Last Updated: November 5, 2015
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in will be corrected.
Age Verification. You may not order products from this site if you are under the age of 18. Age verification is required when placing orders.
Sales Tax. Most products sold on the site are subject to sales tax. Sales tax totals will be calculated at the time you place the order based on the shipping destination address, subject to applicable local, state and federal tax rates. You are responsible for paying all applicable sales taxes on your order.
Processing. Orders are processed in the order in which they are received. Orders usually ship in 1-2 business days of order.
Canceling Your Order. You may cancel your purchase within one hour of ordering.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
USPS First Class Mail. First class mail is our standard shipping method, as long as your order weighs 13 ounces or less. Orders shipped via first class mail usually arrive in 3-8 business days. Domestic orders over $50 ship free via first class mail. If you need your order to arrive sooner, please choose a different shipping method at checkout.
USPS Priority Mail. Usually arrive in 2-3 business days. Your shipping rate is calculated by the size and weight of your order.
USPS Express Mail. Usually arrive within 1-2 days. Your shipping rate is calculated by the size and weight of your order. Requires signature on delivery.
While we ship packages internationally, it is your responsibility to know your destination country’s laws as you assume all risks associated with international shipment of our products. Packages are labeled with contents for customs purposes. You are responsible for all customs and duty fees when importing products into your country, and assume all risks of loss.
First Class International Mail. International postage is based on the weight of your package. Package usually leaves the United States within 3 – 5 business days. Tracking is available for the United States but we will not have any tracking information to your destination country, and we cannot account for customs delays.
Express International Mail. International postage is based on the weight. Express International Mail is assigned a tracking number and can be tracked until it is delivered to the customer. Packages ordinarily take 3 – 10 business days to arrive, but we cannot account for customs delays.
All unopened and unused products must be returned or exchanged within a period of 30 days of order or billing. Shipping and handling charges are non-refundable. In order to be considered for an exchange, you must notify us in writing at info@McFleshman.com.
Once we authorize a return or exchange, you can send the merchandise back to us postmarked within the 30-day time period. The cost of return shipping is your responsibility.
Returns should be sent to:
What I Need You To Know Is Returns Department
P.O. Box 309
Waterford, New York 12188-9998
Once a return is received by our shipping department, it takes generally between 5-10 business days for the processing of refunds. Once a return is processed, it is possible for it take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
As stated prior, shipping and handling charges are non-refundable.
Domestic Usage; Exportation Restriction.
This Web Site is controlled from offices within the United States of America. We make absolutely no representation that this Website or any of its content (which includes without limitation, any services or products available through or on this Website) are appropriate or openly available for use in other locations. For users accessing the Website outside of the United States of America, this action is done on their own personal initiative and they hold all responsibility for complying with local laws, wherever applicable. In addition, the export control laws of the United States prohibit the exportation of certain technical data and software to certain territories. No portion of the content from this Website may be downloaded as it violates United States law.
McFleshman Enterprises, L.L.C. owns all intellectual property and proprietary rights in the contents of WHATINEEDYOUTOKNOWIS.com. Unless we grant you written permission, or use information that is in the public domain, you may not use, copy, modify, distribute, transmit or sell any of the proprietary information contained on the site. You may not post content to the site if you do not own or hold a license to use that content. Content includes, but is not limited to: photographs, prints, statements, advertisements, instant messages, graphics, videos, and video chats. When you post content to the site, you grant McFleshman and its affiliates a non-exclusive, perpetual, worldwide, irrevocable, assignable, fully paid and royalty-free license to use, copy, reproduce, transmit, publish, display, and distribute this content in any and all media or distribution methods without any further consent, notice and/or compensation to you or to any third parties. You represent and warrant that you have the authority to grant us such license, and you represent and warrant that the use of this content will not infringe on the rights of any third party.
You may not use WHATINEEDYOUTOKNOWIS.com or any of its affiliate websites and services to advertise any goods or services, and you may not solicit funds, or post any material containing such advertisements or solicitations.
You may not cause harm to this website or its users by uploading any virus or malicious software.
You agree that you will use this website consistent with the laws and regulations of the United States and the State of New York. Your continued eligibility to use this service is subject to any limitation, condition, and restriction established in this Agreement. By using the What I Need You To Know Is application and any of its affiliate websites and services, you agree to conduct yourself in a lawful and appropriate manner. You are solely responsible for your conduct on the site, the application, and in your interactions with other users. We are not liable for any direct, indirect, general, special, compensatory, consequential, and/or incidental damages that may arise out of your use of What I Need You To Know Is, including but not limited to online or in-person communications or meetings with other users of the service. We are not responsible for any harm you incur as a result of another member’s inappropriate conduct or content, whether through the What I Need You To Know Is website, or in person.
Users may post reviews and comments. Any information posted to the site is solely that of the posting user. What I Need You To Know Is does not endorse any postings, or guarantee the accuracy thereof, and we are not responsible for any loss or damage resulting from your reliance thereon. Information presented on the site is not intended to be, and should not be considered, a substitute for medical, ethical, legal, or other professional advice.
You are solely responsible for your conduct on the site and for your interactions with other users. What I Need You To Know Is does not guarantee any particular outcome from your use of the site or our products. We are not liable for any direct, indirect, general, special, compensatory, consequential, and/or incidental damages that may arise out of your use of WHATINEEDYOUTOKNOWIS.com. We are not responsible for any harm you incur as a result of another member’s inappropriate conduct or content, whether through the What I Need You To Know Is website, or in person. We are not responsible for any content that violates these terms; however, we reserve the right to delete any content that violates these terms, or the rights of any user, without notice. Further, we reserve the right to terminate your use of the service upon discovery of such content.
Users may submit stories, reviews, or other comments to us. We are not under any obligation to post or otherwise use any material you provide to us, but may do so within our sole discretion and without notice to the submitting user. We will not post any submissions that contain foul or discriminatory language. Any information we do choose to post to the site is solely that of the submitting user. What I Need You To Know Is.com and McFleshman does not endorse any submissions or postings, or guarantee the accuracy thereof, and we are not responsible for any loss or damage resulting from your reliance thereon. Information presented on the site is not intended to be, and should not be considered, a substitute for medical, ethical, legal, or other professional advice.
Additionally, you may not:
You may not cause harm to this website or its users by uploading any virus or malicious software. Your use of the service, including the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason.
Although we strive to provide uninterrupted, error-free service, we cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness accuracy, deletion, non-delivery or failure to store any user data, communications or settings. We are not responsible for any losses incurred as a result of data breaches, viruses, or unauthorized access to the site by third parties.
McFleshman owns all intellectual property and proprietary rights in the contents of WHATINEEDYOUTOKNOWIS.com. Unless we grant you written permission, or use information that is in the public domain, you may not use, copy, modify, distribute, transmit or sell any of the proprietary information contained on the site. The materials contained in this McFleshman website are the property of McFleshman Enterprises, L.L.C., or its subsidiaries. The information and materials on this website may be viewed, downloaded, printed, or copied when the intended use is solely for personal, informational, or non-commercial purposes. At no time can the information viewed, downloaded, printed, or copied from this website be modified without prior written consent from McFleshman. The use of any such material on any other website or computer environment is prohibited. All marks used herein are the property of McFleshman, including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, the look and feel of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material, and all intellectual property rights to the same, are owned or controlled by us, our licensors, or both. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service, and you may not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting us and providing the following information:
McFleshman Enterprises, L.L.C.’s agent for copyright issues relating to this web site may be contacted at info@McFleshman.com. Legal notices shall be served on you to the email address you have designated on your account. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your profile.
Third Party Links
The site may contain links to other websites maintained by third parties. We do not operate, control, or necessarily endorse the content found on third-party websites. You assume sole responsibility for your use of third-party links, websites and services. McFleshman explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from any McFleshman website. McFleshman cannot ensure that the user will be satisfied with any products or services that the user purchases from a third-party site that links to or from any McFleshman Site or third-party content on our sites. McFleshman does not endorse any of such merchandise, nor has McFleshman taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. McFleshman does not make any representations or warranties as to the security of any information you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. MCFLESHMAN SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF DATA, REVENUE, PROFIT, OR ANY OTHER USE OR PURPOSE INCURRED BY A SITE USER OR BY A THIRD PARTY AND ARISING FROM THE USE OF INFORMATION CONTAINED IN THIS WEBSITE OR CONTAINED IN A WEBSITE THAT IS HYPER-LINKED FROM THIS SITE
DISCLAIMER OF WARRANTIES
The information contained in this website may be out of date and/or may contain other errors or omissions. THE MATERIALS AND INFORMATION IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCFLESHMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF ANY PRODUCT SOLD ON THIS SITE FOR ANY PARTICULAR PURPOSE. MCFLESHMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MCFLESHMAN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MCFLESHMAN SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCFLESHMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MCFLESHMAN SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER.
McFleshman shall not be held liable under any circumstances for any damages resulting from the use of information or materials contained in this site or contained in any McFleshman site that is hyperlinked from this site. UNDER NO CIRCUMSTANCES SHALL MCFLESHMAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MCFLESHMAN SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF MCFLESHMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE USER. IN NO EVENT SHALL MCFLESHMAN'S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY THE USER TO MCFLESHMAN IF ANY, FOR ACCESSING ANY MCFLESHMAN WEBSITE.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court located in New York or relevant federal court as determined by McFleshman Enterprises, L.L.C., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York, New York. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You agree to release, indemnify and hold harmless McFleshman Enterprises, L.L.C., our affiliates, directors, users, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) your access of this site, purchase of goods, and use or misuse of, or reliance upon, the goods sold or the Service provided, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) Content provided by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
Term and Termination
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, but not limited to, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, payment obligations, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.
Last Updated: November 5, 2015
Consent to Collect Information
You must register an account with us to be given access to all the features of this website. The only personal information that we will have is that which you provide to us for membership purposes, such as your name, email address, or shipping information. Your consent may be express, or implied by your use of the service. At any time, you may withdraw your consent for us to use your information by emailing us a request to withdraw. To use certain features and functionalities of the Service, you must create an account with us, and provide certain personal information about yourself to us. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. Please notify us immediately if you become aware of any unauthorized use of your account.
Sharing Your Information
We will not sell your personal information to any third parties. We may share your information with affiliate services for business purposes only. We may use third party service providers to manage one of more aspects of our business operations, including the processing or handing of personal information. When we do use an outside company, we use contractual or other appropriate means to ensure that your personal information is used in a manner consistent with this Policy. These third parties may have access to your Personal Information for so that they may perform these tasks on our behalf and we ask that they not otherwise use or disclose your Personal Information, except to the extent required by law.
We may be required to disclose your information as required by law.
We may use a variety of technologies to record usage information. This information may include your IP address, browser type, your web or application request, your interaction with our Service, the webpages or other features you were using before or after you came to our Service, pages of our site that you visit, information you search for via our Service, access times and dates, and other similar information. We use this information for a variety of purposes, including analyzing and enhancing our products and services, and to help personalize our Service for you. We and our third-party service providers may automatically collect Non-Identifying Information using various methods, including, without limitation, cookies.
Our Service Providers and Other Third Parties
We may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, payment and order processing, software maintenance services, email notifications, database management, web analytics and other services). These third parties may have access to your Personal Information. If they do, this access is provided so that they may perform these tasks on our behalf and we ask that they not otherwise use or disclose your Personal Information, except to the extent required by law.
Third Party Cookies
Notwithstanding anything else in this policy, we or a data provider we have engaged may place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address that we may share with a data provider solely in hashed, non-human readable form.
Information collected automatically. We automatically collect information from your browser or device when you visit our website or application. This information could include your IP address, device ID, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
Cookies and Use of Cookie Data. When you visit our website or application, we may assign your device one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the pages you visit, the time and date of your visits, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on this site.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website or application visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information collected by third-parties. We may allow service providers, WHATINEEDYOUTOKNOWIS.com-related companies, advertising companies and ad networks, and other third parties to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements.
Pricing and Payment
McFleshman attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of any of our service is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item we sell you is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
We accept the following methods of payment, and maintain secure servers to protect your information:
We employ appropriate security measures to protect your Personal Information from unauthorized access, alteration, disclosure, or destruction. These security measures include administrative, technical, and physical precautions to safeguard your Personal Information against loss, theft, and misuse. Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information.
Safety of Children
We do not knowingly collect personally identifiable information from children under 18 via our Service, and do not target our products to children under 18. We encourage parents and guardians to take an active role in their children’s online activities and interests.
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