EROSIONWORKS® Installation Text:
ErosionWorks®. Our ErosionWorks® computer program (the “Software”) is designed to analyze and suggest surface treatment solutions for erosion control and revegetation on slopes and in channels. The Software will allow you to generate and save reports and search queries stored on the Sites (the “Records”). The Software may be provided by Us to You, directly or indirectly through our authorized distributors together with associated media, manuals, content, printed materials and “online” or other electronic documentation (“Associated Materials”) for use in accordance with generally accepted engineering practices. The Software is designed specifically for use with AEC’s products only. AEC believes the information contained in the Software and the Associated Materials to be reliable and generally accurate for erosion control and revegetation applications. In particular, AEC DOT product approvals are based on best available knowledge and are subject to change without notice. However, since physical conditions vary from job-site to job-site and even within a give job-site, AEC makes no performance guarantees and assumes no obligation or liability for the reliability or accuracy of the information contained in the Software or the Associated Materials, for the results generated by the Software, for the safety or suitability or materials recommended by the Software, or for damages occurring in connection with the installation of any erosion control product whether or not made by AEC or its affiliates, except as separately and specifically made in writing by AEC. The Software, the Associated Materials and the terms of support thereof are subject to improvement or revision at any time without advance notice.
Password. When you first activate your account, you will be given a unique and individual password and user identification (ID) for your account. You must have a password and user ID to access the Software, the Associated Materials and the Records online once your account is activated. You are responsible for maintaining the secrecy of your password and user ID and protecting against unauthorized use of your password and user ID. You are also responsible for all activities that occur under your password and user ID. You must ensure that you exit from your account at the end of each session. You agree to immediately notify us of any unauthorized use of your password or user ID or any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
Availability of Records. AEC reserves the right to establish general practices and limits concerning the Sites, the Software (including Records storage) and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that Records will be available. You acknowledge that AEC reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to cease to make available or discontinue storage, either temporarily or permanently, the Records (or any part thereof) with or without notice. You agree that AEC shall not be liable to you or to any third party for any such modification, suspension or discontinuance of your account or any Records.
Disclaimer of Warranties; Risk of Loss. OUR SITES, THE CONTENT, THE SOFTWARE AND ASSOCIATED MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, THE END USER. There is no warranty against interference with your enjoyment or against infringement with respect to the Software, Associated Materials and Content and our Sites. There is no warranty that our Sites, the Software, the Associated Materials or Content will fulfill any of your particular purposes or needs. There is no implied warranty of benefit for the ordinary purposes to which our Sites, the Software, Associated Materials or Content are used. There is no warranty, representation or guarantee that our Sites or the Software will continuously operate or be error free or that any problems will be corrected, or that the Software or any information, software or other material accessible from our Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of our Sites or the Software either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on our Sites and the Software and their performance solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. IF, AND TO THE EXTENT THAT, SOME OTHER STATE’S OR JURISDICTION’S LAW WILL APPLY TO YOUR USE OF THE SITES, OTHER THAN THOSE EXISTING IN THE STATE OF TEXAS, AND THAT OTHER STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST SO THAT IN THAT EVENT, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND TO THE EXTENT PERMISSIBLE UNDER ANY SUCH LAWS, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD OF TIME AVAILABLE UNDER SUCH OTHER STATE’S OR JURISDICTION’S LAWS. OTHERWISE, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER TEXAS, OR UNDER ANY OTHER LAW, ARE LIMITED TO THIRTY (30) DAYS.
Trademarks. Certain marks indicated on the Sites are registered trademarks of AEC. All Site graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of AEC. AEC’s trademarks and trade dress may not be used in connection with any product or service that is not licensed or approved by AEC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AEC. All other trademarks not owned by AEC that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AEC. Any use of AEC’s name and marks are subject to AEC’s prior written consent and quality control and standard trademark guidelines, which may be found at http://www.americanexcelsior.com/documents/. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AEC without express written consent. You may not use any metatags or any other “hidden text” utilizing any AEC names or trademarks without the express written consent of AEC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites as long as the link does not portray AEC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Deep linking is expressly prohibited.
Links to Third Party Sites. The Sites may contain links to third-party websites that are not under the control of AEC. AEC makes no representation whatsoever about any other website to which you may have access through the Sites. AEC has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites. When you access any website from a link on the Sites, you do so at your own risk and AEC is not responsible for the accuracy or the reliability of any information, data, opinions, advice, statements, materials or quality made on these websites or for the quality of any products or services available on such websites. AEC provides these links merely as a convenience and courtesy to you and the inclusion of such links does not imply that AEC endorses or accepts any responsibility for the content or uses of such websites.
Export Laws. You acknowledge that the Software and the Associated Materials may be governed by laws, rules and/or regulations, including, without limitation, the laws and regulations of the United States, which restrict the import, export and re-export of certain software, technical data and other materials. You agree that you will not, directly or indirectly, violate any local, state or federal law or regulation of the country or countries in which you use our Sites, the Software and Associated Materials, or the export laws of any country that may regulate the import or export of such items.
By email: firstname.lastname@example.org
By mail: American Excelsior Company
Attention: Chief Operating Officer
850 Avenue H East, Arlington, Texas 76011
Posted: April 1, 2009
1. INFORMATION COLLECTED. We collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone, payment methods (billing account, credit card or debit card, etc.), personal preferences, software records and related data, and other account-related information) and “Aggregate Information” (such as information about how many users log on to the Sites on a daily basis). Personal Information is collected online when users voluntarily submit non-public personal information on the Sites by establishing a customer or user account, requesting information, purchasing our products or services, accessing and using our web-based software, receiving electronic notices or other similar communications and other similar activities. Aggregate Information is non-personally identifiable/anonymous information about You, such as age, gender, pages most frequently accessed by You or search terms entered by You. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Sites in a particular day). Aggregate Information does not personally identify a specific user. We do not collect Your Personal Information indiscriminately, as both the amount and type of information collected will to the greatest extent possible be limited to that which is necessary to fulfill the intended purposes for which it is collected. Your Personal Information further will be retained only for fulfillment of the intended purposes for which such Personal Information is collected. We will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required. For example, AEC will purge Your customer data no more than one (1) year after Your deactivation of a service. We will not routinely update Personal Information unless such process is necessary to fulfill the purposes for which the information was collected. For example, we will routinely update the Personal Information in Your account to add any records or data generated by your use of our ErosionWorks® software (both on-line and by remote access) so that those records are stored and archived to be available for future use.
4. USE OF INFORMATION: Your privacy is important to us. We will use the Personal Information provided by You in accordance with good commercial practice and applicable law. Certain Personal Information (such as records generated by Your use of ErosionWorks® software and stored on our Site servers) will be saved for future reference by you; provided that AEC has the right to view and use all data stored on its Site servers (including ErosionWorks® software). We may use information provided by You, for example, to provide a service, to enable your use of our web-based software and data generated thereby and stored on our Site servers, to ensure proper billing, to measure consumer interest in our various products and services and to inform You about various products and services offered on the Sites (including both our own products and the products of others). Also, if you provide Us with Your E-mail address, or have done so in the past, We may upon occasion send You e-mail offers. These offers may be based on information provided by You in Your initial transaction with Us, in surveys, from information that may indicate purchasing preferences and product viewings, as well as information available from external sources such as census bureau data. These e-mail offers will come exclusively from AEC or its affiliated companies. All offers are carefully developed to ensure that they meet our standards. Our goal is to target offers to Site user who We believe will find them of value. The lists used to send You product and service offers are developed and managed under conditions designed to safeguard the security and privacy of Your Personal Information. By providing information using the Sites, You warrant to AEC that Your Personal Information is reliable for its intended uses, accurate, complete and correct, and that you will promptly notify use if such Personal Information is no longer current or correct.
5. NO DISTRIBUTION. As a general policy, AEC does not share, sell or trade Personal information with third parties without permission from the user; however, We may provide Your Personal Information to third parties directly involved in the operation, performance, support and/or maintenance of the Sites and the sale, distribution, installation, use, maintenance and support of each product or service offered on the Sites, including our web site designers, hosts, service providers, technical consultants and business partners, as well as our authorized distributors. Any Personal Information, however, will be used by such organizations only to perform their functions and/or to provide services in support of the Sites or our products and services, or as otherwise approved by You and for no other purpose. We will use contractual or other mean to provide a comparable level of protection (t ours) while any Personal Information is being processed by these third parties. We reserve the right to assign or transfer Your Personal Information to any successor in interest to our business associated with the Sites or any of our products and services offered on the Sites by merger, reorganization, sale of assets or operation of law. Aggregate information may at times be shared with AEC business partners and other third parties. We also may divulge Personal Information if such information is required for us to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or if we reasonably believe that You have commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.
7. CORRECTIONS TO PERSONAL INFORMATION COLLECTED ONLINE. We want Your account (including without limitation, Your Personal Information and preferences) to be accurate and complete, but Your review and input of Your account are required. You may request to view the Personal Information collected about You through Your use of the Sites by accessing Your account or sending an e-mail to our Privacy Officer. If You send Your request by email, we will send such Personal Information (or a summary thereof) for review to the email address on file for the account name in our database only. If at any time You wish to change, correct or update Your Personal Information, or have it removed from our database, You may do so by accessing Your account. You also may submit a change request to our Privacy Officer by sending an email.
9. CHILDREN: AEC does not knowingly solicit data from children or knowingly market to children. AEC is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, We do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that We receive actual knowledge that We have collected such Personal Information without the requisite and verifiable parental consent, We will delete that information from our database as quickly as is reasonably practical.