Privacy 1

PRIVACY POLICY, COMMUNICATIONS CONSENT, ARBITRATION & CLASS ACTION WAIVER

Last Updated: April 10, 2025

This Privacy Policy, Communications Consent, Arbitration Agreement, and Class Action Waiver (collectively, the “Agreement”) governs all interactions between you and Cleat Cup LLC, a Florida limited liability company (“Cleat Cup,” “Company,” “we,” “us,” or “our”).

Legal Entity: Cleat Cup LLC
Address: 5264 Riverlake Drive, Bartow, FL 33830
Email: randall@cleatcup.com
Governing Law: Florida
Venue: Polk County, Florida

BY CLICKING “SUBMIT,” OPTING IN, MAKING A PURCHASE, OR OTHERWISE PROVIDING YOUR INFORMATION, YOU AFFIRMATIVELY, KNOWINGLY, AND VOLUNTARILY AGREE TO THIS AGREEMENT IN ITS ENTIRETY.
If you do not agree, do not submit your information or interact with our services.

1. SCOPE & APPLICABILITY (NO LOOPHOLES)

This Agreement applies to all personal information collected or received by Cleat Cup LLC through any means, including but not limited to:

  • Websites and landing pages

  • Shopify storefronts and checkout

  • Facebook and Instagram Lead Ads (including autofill forms)

  • Messenger conversations and direct messages

  • Email communications

  • SMS, MMS, RCS, and similar text technologies

  • Manual or automated phone calls

  • CRM platforms, including GoHighLevel

  • Marketing, remarketing, and follow-up systems

  • Past, present, and future interactions

This Agreement applies nationwide, across all U.S. states and territories, regardless of where you reside or where communications originate.

2. INFORMATION WE COLLECT

A. Information You Provide

Including, but not limited to:

  • Name

  • Phone number(s)

  • Email address(es)

  • Mailing or billing address

  • Company name

  • Social media identifiers

  • Inquiry, order, or purchase details

  • Any information you voluntarily submit

B. Automatically Collected Information

Including:

  • IP address

  • Device identifiers

  • Browser and operating system data

  • Cookies, pixels, SDKs, and session data

  • Advertising, attribution, and interaction data

3. PURPOSE OF COLLECTION & USE

We may use personal information for any lawful business purpose, including:

  • Responding to inquiries

  • Providing quotes, pricing, samples, or offers

  • Processing and fulfilling orders

  • Customer service and follow-up

  • Marketing, promotions, and remarketing

  • Analytics, attribution, and optimization

  • Compliance, fraud prevention, and legal defense

4. PRIOR EXPRESS WRITTEN CONSENT TO COMMUNICATIONS

(CORE TCPA & FTSA DEFENSE)

By submitting your information, you provide prior express written consent authorizing Cleat Cup LLC to contact you IN ANY MANNER, including:

Communication Channels

  • SMS, MMS, RCS, and similar text messages

  • Automated, prerecorded, or artificial voice messages

  • Manual and automated phone calls

  • Emails

  • Facebook, Instagram, and social media direct messages

  • Any current or future communication technology

Communication Methods

Including:

  • Automatic Telephone Dialing Systems (ATDS)

  • Auto-texting software

  • CRM workflows and automation

  • Artificial intelligence–assisted systems

  • Third-party communication providers

You Explicitly Acknowledge and Agree That:

  • You are the authorized subscriber or customary user of the phone number(s) provided

  • You have the legal authority to consent to communications at that number

  • Communications may be automated

  • Consent applies even if your number is on any federal or state Do-Not-Call registry

  • Message and data rates may apply

  • Consent is not a condition of purchase

  • Consent remains valid unless affirmatively revoked

This consent is intended to satisfy the Telephone Consumer Protection Act (TCPA), Florida Telephone Solicitation Act (FTSA), CAN-SPAM Act, and all analogous state and federal laws.

5. OPT-OUT RIGHTS (PROSPECTIVE ONLY)

You may revoke consent using one of the following methods:

  • SMS: Reply STOP

  • Email: Click the unsubscribe link

  • Phone: Explicit verbal request

  • Social media: Explicit written request

Opt-out requests are honored within a commercially reasonable timeframe and apply prospectively only.

6. COOKIES, TRACKING & TARGETED ADVERTISING

We collect personal information from your interactions with our website and services, including through cookies, pixels, and similar technologies.

We may share personal information with third parties, including advertising and analytics partners, to:

  • Deliver relevant advertising

  • Measure performance

  • Improve marketing effectiveness

Certain U.S. state privacy laws may define these activities as “sales,” “sharing,” or “targeted advertising.”

7. GLOBAL PRIVACY CONTROL (GPC)

If we detect a Global Privacy Control (GPC) signal from your browser, and if required by applicable law, we will treat it as a request to opt out of activities that may be considered a “sale” or “sharing” of personal information for that specific browser and device.

GPC signals:

  • Apply only to the browser/device used

  • Do not apply retroactively

8. DATA SHARING

We do not sell personal information.

We may share data with:

  • CRM, SMS, email, and automation providers

  • Advertising and analytics partners

  • Payment processors (via Shopify)

  • Fulfillment and logistics partners

  • Legal or regulatory authorities when required

All third parties are subject to confidentiality and data-protection obligations.

9. DATA RETENTION & SECURITY

  • Personal information is retained indefinitely for operational, compliance, and legal-defense purposes

  • We use commercially reasonable safeguards

  • No method of transmission or storage is 100% secure

10. STATE-SPECIFIC PRIVACY RIGHTS

California (CCPA / CPRA)

California residents may request access, correction, or deletion of personal information, subject to legal limitations.
We do not sell or share personal information as defined by the CPRA.

Florida (FTSA)

Consent provided herein constitutes prior express written consent under the Florida Telephone Solicitation Act.

Other States (TX, NY, WA, CO, VA, CT)

We comply with applicable consumer privacy statutes.
Nothing in this Policy creates or expands a private right of action.

Requests may be submitted to randall@cleatcup.com.

11. MANDATORY INDIVIDUAL ARBITRATION

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY COMMUNICATION SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.

  • Governed by the Federal Arbitration Act (FAA)

  • Administered by the American Arbitration Association (AAA)

  • Venue: Polk County, Florida

  • Individual claims only

  • No jury trials

  • No class, collective, or representative actions

Cleat Cup LLC will pay arbitration fees up to the AAA consumer fee cap.

12. CLASS ACTION WAIVER

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Claims must be brought solely in your individual capacity.

13. GOVERNING LAW

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

14. SEVERABILITY & SURVIVAL

If any provision is unenforceable, the remainder remains in full force and effect.
Consent, arbitration, and waiver provisions survive termination.

15. CHANGES TO THIS POLICY

We may update this Agreement at any time. Continued interaction constitutes acceptance of the revised terms.

16. CONTACT INFORMATION

Cleat Cup LLC
5264 Riverlake Drive
Bartow, FL 33830
📧 randall@cleatcup.com