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.
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.
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.
Links and Advertising
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.
Non-personally Identifiable 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.
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.
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 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.
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.
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
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
How To Contact Us
Empowering Pumps & Equipment
Attn: Information Manager
P.O. Box 2313
Tuscaloosa, AL 35403