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Terms and Privacy Policy

Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

This website (collectively, with any sub-domain of such website, the “Site”) is owned and operated by Empowering Pumps & Equipment (or referenced here by EP). By using materials and content on this Site or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site or any information (including information relating to any motor vehicle), materials, content, products, services or reports included on or otherwise made available to you through the Site.

Note that special terms may apply to some products or services offered on the Site, like purchased reports, subscription-based services, rules for particular contests or sweepstakes or other features or activities. These special terms shall be posted in connection with the applicable product or service. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

By using materials, content, reports or any other information on the Site, you acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials, reports and information available at or through the Site. EP may change these Terms of Use at any time by posting modified, updated or new applicable terms and conditions and revising the “Last Updated” date at the top of these Terms of Use. Your continued use of the Site after any such posting indicates that you accept any such changes in these Terms of Use. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.

License and Site Access

EP grants you a limited license to access and make personal use of the Site or the materials or content contained therein (collectively, the “Content”) and not to download (other than page caching) or modify the Content, or any portion of it, except with express written consent of EP. This license does not include any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any modification, publication, display or derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of screen scraping, database scraping, data mining, robots, spiders or similar data gathering and extraction tools.

All Content, including text, graphic images, videos, code, and software, are copyrighted materials of EP, it’s partners or its contractors, with all rights reserved, or by the original creator. Trademarks, service marks, trade names and logos (“Trademarks”) used or displayed on the Site or the Content are registered or unregistered Trademarks of EP it’s partners or its contractors. EP, it’s partners and its contractors own the Site and the Content and retain all intellectual property rights utilized in the Site and the Content. Neither the Site nor any Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EP. You may not frame or utilize framing techniques to enclose any Trademark or other proprietary information (including images, text, page layout, or form) contained on the Site. You may not utilize any of EP’s Trademarks as part of a link to the Site or any other website or in any meta tags or any other “hidden text”, without the express written consent of EP. Any unauthorized use terminates the permission or license granted by EP.

The Site may be unavailable from time to time for routine or other maintenance, security, or other purposes in EP’s sole discretion. As with all information you send over the Internet, information that you send to or receive from the Site is subject to interception, misappropriation, and misuse by third parties.

Public Forum, Submissions and Submission License

The functionality of the Site may include chat areas, message boards, instant messaging, mobile messaging, conversation pages, e-mail functions (send-a-friend emails) and similar opportunities (each a “Public Forum”) for you to submit, provide or to otherwise make available, text, comments, messages, e-mails, photographs, videos and other content (“Submissions”) for display on a Site. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. EP cannot guarantee the security of any information you disclose through any Public Forum and you make such disclosures at your own risk. EP does not endorse any opinions, advice, recommendations or other materials posted in any Public Forum and you acknowledge that your use of any Submission posted in a Public Forum is solely at your own risk.

You agree that you will not make any submission (each a “Prohibited Submission”) that (i) is defamatory, abusive, threatening, bigoted, vulgar, violent, obscene, sexually explicit, libelous, defamatory or generally offensive (including “flaming”), (ii) is illegal or encourages illegal activity, (iii) infringes on any proprietary right or right of privacy of any third party or violates any confidentiality obligation, (iv) advertises or offers to sell any products or services or is otherwise commercial in nature, or makes any solicitation or request for contributions or donations, or (v) contains any virus or harmful component or otherwise interferes with the operation, or impairs the functionality, of the Site.

You hereby grant EP and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon and otherwise exploit all Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by EP, you agree not to enforce any such rights as to EP or its licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You are and shall remain solely responsible for any Submission that you provide. Without limiting any of its rights in law and equity, RR reserves the right, in its sole discretion, to refuse to post or communicate any Submission, and to remove any Submission, for any reason including any Submission that it believes to violate these Terms of Use or to be a Prohibited Submission.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, REPORTS AND SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

EP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF YOUR REQUIREMENTS, ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, DATA ACCURACY, SYSTEM ACCESS, INTEGRATION OR INFORMATIONAL CONTENT, OR OF FREEDOM FROM NON-INFRINGEMENT, ERROR, INTERRUPTION, VIRUS OR OTHER DISABLING ROUTINE.

IN NO EVENT, INCLUDING NEGLIGENCE, SHALL EP OR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER REPRESENTATIVES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, REPORTS OR SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR LOSS OF BUSINESS, EVEN IF RR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

User Code

If you elect to purchase products on the Site, you may be given the opportunity to request a unique, non-transferable user code (your “User Code”) to identify you for the purpose of purchasing products on the Site. At the discretion of EP, approval and delivery of a User Code may be subject to completion of credit application by you, with subsequent approval by EP.

You agree to keep your User Code confidential, to prevent the use of your User Code by others, and to notify RR promptly of any identified unauthorized access or use of your User Code. YOU ARE SOLELY RESPONSIBLE FOR PAYMENT TO EP OF ANY FEES OR COSTS ARISING FROM ANY PRODUCTS PURCHASED THROUGH THE USE OF YOUR USER CODE, INCLUDING UNAUTHORIZED AND FRAUDULENT PURCHASES. You may not sell, resell, license, rent, lease, reproduce, duplicate, copy or otherwise exploit your User Code or distribute or provide access to any products available on the Site in a service bureau, out-sourcing, data processing or similar arrangement.

Payment of Fees

You agree to pay all applicable fees and costs for any products purchased by you or under your User Code, on or before the due date indicated on any invoice provided to you. You also responsible for the payment of any taxes arising from any purchased products. All fees and costs are final and will not be refunded in whole or in part. You agree that if any legal action is required to enforce EP’s right to payment of any fees, costs or any other amounts due for any purchased products, you will be responsible to pay all costs incurred by EP, including reasonable attorney’s fees, arising from any such action or any appeal thereof.

Indemnification

You agree to indemnify, defend and hold harmless EP and any of its directors, managers, officers, employees, agents, contractors and other representatives from all claims, demands, losses, expenses and costs whatsoever (including reasonable attorney’s fees) arising, directly or indirectly, out of your access, use, disclosure, publication, display or distribution of (a) the Site, (b) any of the Content or information (including any information contained in any Submission) you obtain from the Site, (c) any products you purchase or reports made available to you from the Site, (d) any Links or any Advertising, as well as any Submission you provide to the Site and any breach by you of these Terms of Use or related EP procedures.

Promotional Communications; Privacy Policy

You agree to receive from EP and its contractors, faxes or e-mail pertaining to the products and services offered on or through the Site or advertising that EP determines may be of interest to you. Please see EP’s Privacy Policy below (the “Privacy Policy”) for an explanation of how EP may collect information from you, how EP uses such information and your ability to opt-out of receiving promotional communications. The terms and conditions of the Privacy Policy are hereby incorporated by reference into these Terms of Use. EP may change the Privacy Policy at any time in its sole discretion and any such changes are incorporated into these Terms of Use.

Links and Advertising

From time to time, the Site may contain hyperlinks (“Links”) to third party websites as well as banner advertising and sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Such Links and Advertising are for your reference only, and EP neither controls such linked websites or Advertising nor is EP liable or responsible in any way for their content. Display of such Links or Advertising on the Site does not imply or express any endorsement by EP of any individuals or entities referred to in the content on such linked websites, or of such Links or Advertising, or any association with their operators and EP recommends that you review the terms of use and privacy policies of any such linked websites.

Termination

Notwithstanding any of these terms and conditions, EP reserves the right, without notice and in its sole discretion, to suspend or terminate your license and ability to access the Site (including, if applicable, your User Code), and to block or prevent you from future access to the Site, including any products or reports available through the Site.

Miscellaneous

These Terms of Use are governed by law, without regard to its conflicts of laws principles. If a court of competent jurisdiction finds that any provision in any section of these Terms of Use is illegal, unenforceable or invalid in any respect, then such provision will be ineffective to the extent of such finding without affecting the enforceability or validity of the section in which such provision is found, or any other section of these Terms of Use. Unless otherwise stated herein, these Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior statements or agreements, both written and oral. EP may change the features and functionality of or access to all or any part of the Site or the related services from time to time, with or without notice.

Privacy Policy

Privacy Policy

This Privacy Policy was last updated as of April 17, 2018.
This Privacy Policy is applicable to those websites owned or controlled by Empowering Pumps & Equipment that display or link to this Privacy Policy (the “Sites”). This Privacy Policy explains what information is collected from you and other users of the Sites and how we use, disclose and secure such information, including personally identifiable information.

Non-personally Identifiable Information

Navigational Information

We may collect and use non-personally identifiable information and data from you when you are visiting the Sites through the standard operation of our Internet servers. Non-personally identifiable information collected from you may include user Internet Protocol (IP) addresses, browser type and version, domain names, referring/exit pages, operating system, date/time stamp, click stream data and anonymous statistical data regarding your use of the Sites. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify particular visitors to the Sites. We use this information to analyze trends, to administer the Sites, to track users’ movements around the Sites and to gather demographic information about our user base as a whole.

Cookies

To better understand what you do while on the Sites and to provide you with a more personalized experience on the Sites, we also collect information through the use of a browser feature known as a “cookie” (also known as a “browser cookie”). Cookies are small text files stored on your computer by your web browser that a website can use to recognize you as a repeat user, facilitate your ongoing access to, use of and navigation within the Sites, allow the Sites to track your usage behavior and compile aggregate data that will allow us to make content improvements, personalize your online experience and provide you with targeted offers and advertising. Cookies work by assigning a unique number to the user that has no meaning outside the assigning site. If you do not want information collected from you through our use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features available on the Site. For additional information on your ability to opt-out of targeted offers and advertising, please see the “Online Behavioral Advertising” section of our policy provided below.

Flash Cookies

Local stored objects (also known as “Flash cookies”) are text files commonly used in website advertisements and videos. Flash cookies are not managed by the same browser settings as are used for browser cookies. Certain features of the Sites may use Flash cookies to collect and store your preferences or display content based on what you view on the Sites to personalize your experience. Our advertisers and third-party service providers may also use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data stored and the method by which it is stored. Cookie management tools provided by your browser will not remove Flash cookies. Please visit Macromedia Flash Player Help for more information on disabling Flash cookies. If you disable Flash cookies, you may not have access to many features that make your experience on the Sites efficient and some of the services offered on the Sites may not function properly.

Clear GIFS

We also employ a software technology called “clear gifs” (also known as “web beacons,” “pixel tags” or “web bugs”) that helps us better manage content on our Sites by providing us feedback as to what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. In contrast to cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on a website page, web-based document or email message and are about the size of the period at the end of this sentence. We use clear gifs in our HTML-based emails to confirm receipt of, and response to, our emails, including those that you forward to other recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Opt-out” section below.

Association with Personally Identifiable Information

We may associate your online navigational information and transactional information gathered by cookies and clear gifs to your personally identifiable information. We associate this information only for our purposes, to deliver services and products to you, to improve our business and to market our products and services through email, mobile advertising, direct mail and other media. The association of navigational information, cookies, clear gifs and personally identifiable information results in a more personalized experience on the Sites that is tailored to your interests.

Personally Identifiable Information

Collection and Supplementation

We collect personally identifiable information about you when you specifically and knowingly provide such information voluntarily on the Sites, including, but not limited to, during the following interactions: (1) when you register on a Site and when you later log-on with your user name and password; (2) when you sign-up to subscribe to a service, publication or newsletter, or ask to be added to our mailing lists; (3) when you place an order for products or services; (4) when you answer questions or otherwise provide feedback in response to inquiries on a Site or in an online survey; (5) when you participate in a sweepstakes, contest or other promotional offer; and (6) when you submit comments, messages, suggestions or other content on a Site’s public forum section or directly to EP.
In each of the instances above, we typically ask for some or all of the following information: your full name, email address, telephone number, mobile phone number, physical mailing address, credit card number, purchase and ordering information, demographic and product preference information, any applicable user identification number or password that we may require, as well as other similar information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain other information, materials and services.
We may merge your information collected on the Sites with similar data obtained from third parties. We may use this enhanced personally identifiable information to better target our advertising and to notify you of special offers, updated information and new products and services in which we think you would be interested.
If you choose to use our referral service to tell a friend about a Site, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting him or her to visit the Site, including any personalized message you provide. We store this information for the purpose of sending relevant emails to your friend, tracking the success of our referral program and further personalizing your and your friend’s experience on the Sites. Your friend may contact our Information Privacy Manager at the address and email set forth below to request that we remove this information from our database.

Use and Disclosure

The personally identifiable information you provide to us when using the Sites may be used to provide our products and services to you, to enhance your experience at the Sites, and, if applicable, to process your orders and enhance your experience as a purchaser or subscriber to our products and services.
We may from time to time use your personally identifiable information to provide promotional communications that we think may be of interest to you, including faxes and email to notify you of our special offers and products and services as well as advertising from us or unaffiliated third parties. It is also possible that we may rent, sell or otherwise transfer your basic contact and product preference information to unaffiliated third parties who we think may offer services and products of interest to you. At any time, you can contact our Information Privacy Manager at the address and email set forth below to request that we not provide you with promotional communications or share your basic contact and product preference information with unaffiliated third parties.

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to support our services and products and the Sites, such as providing credit card processing and fraud screening, order fulfillment and shipment, mailing or electronic delivery of our publications and other materials, hosting, monitoring and maintaining the Sites, administering or monitoring emails, managing sweepstakes or contests, analyzing trends and our visitors’ preferences, compiling anonymous statistics about our visitors, developing applications for the Sites and providing general consulting services. These Outside Contractors may sometimes have limited access to information collected from you, including your personally identifiable information, in the course of providing products or services to us. Access to your personally identifiable information by these Outside Contractors is limited to the information we determine, in our sole discretion, to be reasonably necessary in order for these Outside Contractors to perform their function for us. While we will seek to require any Outside Contractors to protect the privacy of your personally identifiable information under a policy at least as restrictive as this Privacy Policy and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of Outside Contractors.

We may also disclose your personally identifiable information to third parties in connection with a corporate transaction, such as a merger, acquisition by another company or sale or other transfer of all or a portion of our business or assets (including our associated customer lists containing your personal information).
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 to comply with governmental investigations or proceedings or a judicial proceeding, court order, or legal process.

Our Commitment to Data Security

The security of your personally identifiable information is important to us. We have put in place commercially reasonable physical, electronic, and managerial procedures to adequately safeguard and secure the information we collect on the Sites from unauthorized access.

Notwithstanding our commitment to protect your information, you should be aware that there is always some risk involved in transmitting information over the Internet. Additionally, there also is some risk our security systems could be circumvented or breached. As a result, while we strive to use commercially reasonable means to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk. If you have any questions regarding the security on our Sites you can contact our Information Privacy Manager at the address and email set forth below.

Online Behavioral Advertising

As noted in the “Non-personally Identifiable Information” section of this policy, we collect certain information through the use of navigational information and cookies in order to provide you a more customized experience on our Sites. This information may also be used by our Outside Contractors to customize certain of the advertisements that you see on our Sites and other websites based on your online behaviors and interests and to predict your interest in future advertisements through an advertising practice called online behavioral advertising (“OBA”). We invite you to learn more about OBA at http://www.aboutads.info/consumers/.

At any time, you may visit http://www.aboutads.info/choices and elect to opt-out of the OBA provided by those of our Outside Contractors which participate in the Digital Advertising Alliance’s (the “DAA”) Self-Regulatory Program. If you choose to opt out of OBA, you will still see same number of advertisements on our Sites as before, but such advertisements may not be as relevant to you. Opting-out of OBA is cookie-based and will only affect the specific computer and browser on which the opt-out is applied. Deleting your browser cookies can remove your opt-out choices and may require you to opt-out again. Please note that we are not affiliated with the DAA and are not responsible for the failure by DAA or any of its participating companies to honor your OBA opt-out request.

Opt-out

As noted above, you may at any time opt-out of receiving promotional communications from us and/or request that we discontinue providing any of your personally identifiable information to unaffiliated third parties by contacting us. Please note that if you decide to opt-out of receiving promotional information or request that we discontinue providing your basic contact information, your change in preference will only affect future contacts; if the information already has been provided to third parties, they may continue to use it.

Even if you choose to opt-out, we reserve the right to contact you as necessary in our sole discretion regarding any request you have made for our services or products and changes to this Privacy Policy and also to use, transfer, sell and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing the Sites’ usage trends and seeking compatible advertisers and partners.

Correcting Information

You are responsible for providing accurate information when making purchases, registering with any portion of any Site that requires registration, or performing other functions that might require you to submit personally identifiable information to the Sites. If you wish to correct any personally identifiable information you have provided to us, you may do so by contacting our Information Privacy Manager at the address and email set forth below.

Links and Advertising

From time to time, the Sites may contain hyperlinks (“Links”) to third party websites as well as banner advertising and sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Such Links and Advertising are for your reference only, and we neither control the privacy policies of such linked or advertised websites nor are we liable or responsible in any way for the use of any personally identifiable information that you may provide such sites. We recommend that you remain aware when you leave the Sites and review the terms of use and privacy policies of each and every linked website.

You should also be aware that if you voluntarily disclose personally identifiable information in an email or other communications with any third party listed on the Sites or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in your receiving unsolicited messages from other persons. Such collection, correlation, use and messages are beyond our control.

Comment Sections/Bulletin Boards/Chat Rooms

We allow users to share information in certain comment sections, bulletin boards and in chat rooms. Any personally identifiable information that you submit in a comment section, bulletin board or chat room can be read, collected and used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these forums and none of the limitations in our Privacy Policy apply to any such personally identifiable information.

How To Contact Us

If you would like to contact us for any reason regarding this Privacy Policy or our privacy practices, please write or e-mail us at the following address:

Mailing Address:
Empowering Pumps & Equipment
Attn: Information Manager
P.O. Box 2313
Tuscaloosa, AL 35403
E-mail: social@empoweringpumps.com
Changes To The Privacy Policy

Changes to the Privacy Policy

We reserve the right to change this Privacy Policy at any time by notifying users by prominently posting a notice on the Sites or by contacting you through electronic mail or other means. Your continued use of any Site following the posting of changes to this Privacy Policy indicates your acceptance of any changes.

What If You Do Not Agree To The Terms Of This Privacy Policy?

As a subscriber to a Site, or otherwise by using any Site, you signify that you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not make any use of any of the Sites.