EROSIONWORKS® Installation Text:

IMPORTANT: BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY ASSOCIATED DOCUMENTATION PROVIDED BY AMERICAN EXCELSIOR COMPANY (AEC) OR ITS AUTHORIZED DISTRIBUTORS, YOU INDICATE YOUR ACCEPTANCE OF AEC’S TERMS OF USE, A COPY OF WHICH IS PROVIDED BELOW. IN THE EVENT THAT YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE PERMITTED TO INSTALL THE SOFTWARE AND YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE AND DOCUMENTATION, WHICH MUST PROMPTLY RETURNED TO AEC OR THE AUTHORIZED DISTRIBUTOR FROM WHOM YOU OBTAINED THIS SOFTWARE AND DOCUMENTATION.

Dallas_1\5332185\1
46847-G99999 2/12/2009

WEBSITE TERMS OF USE / DISCLAIMER

IMPORTANT: Please review the following terms and conditions carefully. These Terms of Use are a legally binding contract between you and American Excelsior Company (“AEC,” “We” or “Us”) pertaining to Your access and use of the software and services offered and all content, information, documents, brochures, data, printed materials, hypertext, links and “online” or other electronic documentation (the “Content”) on the websites operated by AEC and its affiliated companies, including without limitation , , and and all sub-domains thereof (the “Sites”). The Sites are offered by AEC to You free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. By viewing or accessing the Sites, You acknowledge Your consent to the terms set forth in these Terms of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms of Use. AEC reserves the right to change the Terms of Use from time to time at its sole discretion by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice). Your use of the Sites will be subject to the most current version of the Terms of Use posted on the Sites at the time of such use.

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.

Account Activation. Browsing of the Sites public pages is currently provided free of charge to any person. However, your use of and access to the Software and Associated Materials and certain features of the Sites will require an account to be first established and activated for you. You may sign up for the online use of the Software by accessing our Sites and following the directions for setting up an account. At that time, other than being asked questions about your computer and modem, you will be asked for your name, email address and other information. You will be asked whether you have read these Terms of Use and agree to abide by its terms. If you answer “I agree”, and have appropriately answered the previous questions, your account will be activated and we will permit you to load, use and access the Software and Associated Materials for use only in accordance with these Terms of Use. If you answer “I disagree”, then your account will not be activated and you will not be permitted load, use or access to the Software and Associated Materials. We reserve the right to decline to activate an account for any person for any reason.

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.

Account Requirements. In consideration of your use of the Software and Associated Materials, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our account activation form and (b) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Software or Associated Materials or any portion thereof. You are responsible for all activity on your account. Violations of any of the terms or provisions of these Terms of Use or any illegal or immoral activity will be grounds for immediate termination of your use of the Software, Records or Associated Materials without prior notice.

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.

Notification of Copyrights/Trademarks. All Software, Associated Materials and Content, whether in printed, electronic or digital media, are protected by United States copyright and trademark laws and international treaty provisions. You also understand that the Software, Associated Materials and Content are owned by us or our licensors. You are expressly prohibited from using the Software, Associated Materials and Content without our express written consent. We retain, as do our licensors, all right, title and ownership in and to all Software and Associated Materials, and all Content. Further, you hereby acknowledge and agree that the right, title, authorship and ownership in any feedback, comments, ideas, suggestions or modifications related to the Software and/or Associated Materials and all Content (or any part or portion thereof) that is made or created by you (collectively, “Feedback”) is solely vested in, and owned by, AEC. You agree to promptly disclose all Feedback to AEC upon its written request or as otherwise may be prompted by the use of the Software or our Sites. You agree and acknowledge that you have no expectation of privacy concerning any Feedback submitted by you or your access to or use of the Software. You agree to use your best efforts and take all reasonable steps to protect all Software and Associated Materials and take such other action as may be requested by AEC (including without limitation the execution of assignments or other written agreements) to effectuate the intent of this clause. To the extent permitted under applicable law, you waive any moral rights that you may have in the Feedback. You agree to hold all Software and Associated Materials and Content (including any Feedback) in confidence and take all necessary steps to ensure that access to any portion thereof is not provided to any person or entity other than AEC. AEC reserves the right to request the return of any copies of the Software, Associated Materials and Content (including Feedback) in your possession or control at any time. These Terms of Use does not grant you any rights with respect to the trademarks, service marks, trade names and other logos used in connection with the Software or Associated Materials and Content and you hereby agree not to remove or deface any product identification or notices of proprietary restrictions. All rights not expressly granted in these Terms of Use are reserved by us.

Grant of Non-Exclusive License For Software. These Terms of Use grants you the limited, non-exclusive, personal, non-transferable license to access, load and use the Software and Associated Materials provided to you by us directly or indirectly through our authorized distributors in connection with these Terms of Use and the online components of the Software accessible from our Sites. This license is not a sale of the original Software, any Associated Materials or our Sites or any copy or component thereof. The license is granted free of charge to you; however, AEC is disclosing the Software, Associated Materials and Content and providing access to our Sites based upon your agreement to abide by all of the terms of these Terms of Use. AEC may require or provide patches, updates or modifications to the Software to be installed for continued access and use, and you authorize AEC to remotely update the Software installed on, and capture and store any Records from, your computer without prior knowledge or notice.

Code of Conduct and Restrictions on Use. You are NOT authorized to do any of the following and you agree that you will NOT do any of the following: (a) copy or otherwise reproduce the Software or any Associated Materials or any Content (except as expressly permitted in these Terms of Use);(b) modify or prepare derivative copies based on the Software or Associated Materials or Content; (c) sublicense, rent, lease, or lend the Software or Associated Materials or Content, or commercially exploit or otherwise profit from the Software or Associated Materials or Content (or any part or portion thereof); (d) transmit the Software or Associated Materials or Content, electronically or otherwise over the Internet or through any other media, to any person or entity other than AEC or its authorized distributors; (e) reverse engineer, modify, decompile, or disassemble the Software or any Associated Materials or Content that are in an electronic or digital form, except and only to the extent that such activities are expressly permitted by applicable law or these Terms of Use; (f) host the Software, or disclose or otherwise provide access to your account or to the Software or Associated Materials or Content (including any Feedback) to, any person or entity other than AEC or its authorized distributors; (f) upload onto our Sites, or otherwise use the Software or Associated Materials or Content for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasive of privacy, stalking or harassment, abuse, tortuous conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties; (g) download any portion of the operating software for our Sites or otherwise control its operation; (h) impersonate any person or entity, including, without limitation, one of our officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Sites or the Software; (j) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) interfere with or disrupt our Sites or Software or servers or networks connected to our Sites or the Software, or disobey any requirements, procedures, policies or regulations of networks connected to our Sites; (l) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or Records or otherwise mine information about other account users or the Software; (m) create any derivative works of our Sites, the Software, Associated Materials or Content (including Feedback) or any part or portion thereof, and if you do so in violation of these Terms of Use, you acknowledge that we own all rights in and to such derivative works; or (n) run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between our Sites servers and the Software.. AEC reserves the right to object to any use of, and immediately terminate access to, our Sites or the Software, even if that use is not expressly prohibited by these Terms of Use. IMPROPER USE OF OUR SITES, THE SOFTWARE, ASSOCIATED MATERIALS OR CONTENT (INCLUDING FEEDBACK) WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Termination. Either party (us or you) may terminate these Terms of Use at any time. These Terms of Use also will terminate automatically if you fail to comply with any term or provision of these Terms of Use. Immediately upon termination of these Terms of Use for any reason, the license granted hereunder and your right to use the Software and/or Associated Materials, as applicable, ceases (without any form of notice) and all rights hereunder revert in their entirety to us. You agree upon termination to immediately destroy all copies of the Software and any Associated Materials and the component parts thereof in your possession or control. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under copyright laws or any other federal or state law or treaty. Your obligations under these Terms of Use in respect of our intellectual property and confidential information shall survive the termination of these Terms of Use and the expiration of the alpha or beta test period for the Software.

Deactivation of Account. You may deactivate your account at any time. In order for us to deactivate your account, you must provide us with written notice. You may look under “My Account” and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms of Use for any dispute with us shall be your right to terminate these Terms of Use in accordance with this section. If you deactivate your account, AEC will purge all Records stored on the Site for your account within a reasonable period of time. Your access to the Sites or the Software also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Software may be effected without prior notice and you acknowledge and agree that AEC may immediately deactivate or delete your account and all related information or Records in your account and/or bar any access to such information or content by you or others. AEC shall not be obligated to return or provide copies of any information or Records in your account to you upon deactivation.

Third Party Software. In addition, certain components used as part of our Sites or the Software may be provided by our licensors subject to the terms and conditions of their end user license agreement. A list of third party software and licensors are provided in the Associated Materials for the Software. Each end user license agreement is incorporated by reference into these Terms of Use as if set forth in its entirety. You may need to purchase or obtain certain third party software (such as Adobe Acrobat Reader) in order to use certain features of the Software or the Sites. You are responsible for any use of such third party software.

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.

Deactivation of Sites. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Sites or the Software, Associated Materials or Content (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites, the Software, Associated Materials or Content (or any part thereof). Nothing in these Terms of Use shall be construed to obligate us to maintain and support our Sites, the Software and Associated Materials during the term of these Terms of Use.

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.

Confidentiality. Our Sites, the Software, Associated Materials, Content (including Feedback) and other information made available to you either directly from us or indirectly through our authorized resellers or distributors may include confidential information that is a trade secret valuable to us. You are not entitled to disclose that confidential information other than strictly in accordance with the terms of these Terms of Use. We reserve the right to disclose details of these Terms of Use to third parties for publicity and promotional purposes. AEC does not wish to receive any confidential or proprietary information owned by you or any third party so you should not disclose any such information to AEC, and by these Terms of Use you are put on notice that AEC will not treat any such information as confidential even if marked or otherwise identified as confidential at the time of disclosure. All disclosure of confidential information by you must be made subject to a separate written non-disclosure agreement signed by an officer of AEC.

Indemnification. You will indemnify and hold us harmless, and upon request defend, our officers, directors, agents, affiliates, distributors, franchisees and employees from any and all losses, damages, costs, or other expenses incurred by such indemnified parties (including court costs and attorneys’ fees) to the extent arising out of your use or misuse of our Sites, the Software, Associated Materials or Content (including Feedback) and/or your breach of these Terms of Use.

Equitable Remedies. You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es) of these Terms of Use, in addition to any other available remedies.

Limitation of Damages. In no event and under no circumstances shall we, or our affiliates, licensors or authorized representatives be liable to you or any third party for direct or indirect damages, including any loss of profits, lost savings, loss of data, or other special, incidental, punitive or consequential damages arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use our Sites or the Software, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose. In no event will our liability (if any is imposed notwithstanding the terms of these Terms of Use to the contrary) exceed the amount of $100. We will not be liable for any claim by a third party.

U.S. Government Restricted Rights. We created the Software, Associated Materials and Content exclusively with private funds. All of our products and accompanying written materials are provided with RESTRICTED AND LIMITED RIGHTS. If you are an agency of the United States government, then the Software, Associated Materials and Content shall be “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 (and their respective successors, as in effect from time to time). In accordance with such provisions, the Software, Associated Materials and Content are provided to all United States government end users with only those rights set forth in these Terms of Use.

Governing Law. These Terms of Use is governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any action arising out of any dispute with respect to these Terms of Use shall only be brought in the state or federal courts located in Dallas County, Texas. The Sites (excluding linked sites) is hosted on servers located, and controlled by AEC within the State of Texas, United States of America.

Severability. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms of Use.

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.

English language. These Terms of Use has been written in the English language and the English language shall control. These Terms of Use, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America.

No Assignment. You may not assign any rights or obligations under these Terms of Use in whole or in part without AEC’s prior written approval. You may not transfer or assign any copy of the Software in your possession or control without AEC’s prior written approval. We may assign our rights under these Terms of Use and any of our Sites, Software, Associate Materials and Content (including Feedback) in whole or in part without your consent. Any and all rights and remedies granted to us hereunder and any and all duties and obligations imposed upon us hereunder may each be exercised by us jointly or individually, as we may so choose in our discretion.

Entire Agreement. You acknowledge that you have read these Terms of Use, understand it, and agree to be bound by its terms and conditions; you further agree that it is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of these Terms of Use. We may amend the terms and conditions of these Terms of Use at any time by reasonable notice, including without limitation by posting revised terms on our Sites (which shall constitute reasonable notice), and such amended terms and conditions shall be binding upon you. If you have any questions regarding these Terms of Use, please contact us at the address set forth in the home page of our Sites.

Contact Information. If you have any questions regarding these Terms Of Use, you may email or write to AEC:
By email: webmaster@americanexcelsior.com
By mail: American Excelsior Company
Attention: Chief Operating Officer
850 Avenue H East, Arlington, Texas 76011
Posted: April 1, 2009

Dallas_1\5331203\1

PRIVACY POLICY

Last updated: October 21, 2016

American Excelsior Company (“AEC,” “We,” “Us” or “Our,” as applicable) is committed to respecting the privacy rights of visitors to the websites operated by AEC and its affiliated companies, including without limitation www.americanexcelsior.com, www.curlex.com, www.erosionworks.com and www.erosionlab.com and all sub-domains thereof (collectively, “Sites”). You can visit most pages on our Sites without giving us any information about yourself, but sometimes we need information to provide information or services requested by you.

This Privacy Policy serves as the basis for our collection, use, and disclosure of your personal information in our business and third-party relationships. This Privacy Policy is intended to comply with privacy laws applicable to AEC, its affiliated companies and the operation of the Sites. This Privacy Policy, however, does not cover AEC‘s or its affiliated companies’ offline privacy practices. By viewing or accessing the Sites, you agree to be legally bound and to comply with the terms set forth in this Privacy Policy.

1. INFORMATION COLLECTED. We may collect from you Personal Information and non-personally identifiable information. For purposes of this Policy, “Personal Information” means
(i) first name or first initial and last name,
(ii) email address,
(iii) physical or postal address,
(iv) telephone number,
(v) credit card information (from the Store section of the Sites),
(vi) primary job role, and
(vii) any other information that is unique to an individual, including information that can be used to uniquely identify, distinguish or trace an individual’s identity.

Anything that is not Personal Information is “non-personal information” for purposes of this Policy.

Personal Information is collected when users voluntarily submit information on the Sites by
(i) establishing a customer or user account,
(ii) requesting information,
(iii) purchasing our products or services,
(iv) accessing and using our web-based software,
(v) receiving electronic notices or other similar communications, and
(vi) other similar activities.

We may also collect Non-Personal Information (e.g., age, gender, pages most frequently accessed by you or search terms used) and we may anonymize and aggregate data collected through the Website so that it does not contain any Personal Information (“Aggregate Information”). Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (e.g., the number of people who logged into the Sites in a particular day). Aggregate Information does not personally identify a specific user.

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 may 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 for future use.

2. SECURITY: AEC maintains commercially reasonable safeguards to ensure the security, integrity, and privacy of the Personal Information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the Personal Information collected. To the extent AEC transfers any Personal Information to third-parties; AEC will use commercially reasonable
efforts to assure that such third-parties to whom we may transfer any Personal Information have knowledge of our Privacy Policy and provide sufficient protection of such Personal Information. In particular, to make a purchase via the Store, AEC requires that a secure session be established using Secure Socket Layer (SSL), which encrypts information you submit to us through use of the Sites.

3. COOKIES AND WEB BEACONS: The Sites may utilize standard technologies (such as a “cookie” or “web beacon”) to collect information about how the Site is used. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide certain features. A “web beacon” is an object that is embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Cookies and web beacons do not collect Personal Information, only Aggregate Information, and we do not combine Aggregate Information collected through cookies or web beacons with other Personal Information to determine your identity. The Sites can access the Aggregate Information only from a cookie or web beacon sent by the Sites.
We cannot access other cookies sent by other websites or the information contained therein.

Additionally, we cannot learn your email address through the use of a cookie or web beacon; however, we will collect an IP Address from all visitors to the Sites, which is a number that is automatically assigned to your device when you use the Internet. We use IP addresses and web beacons to improve and maintain the Sites and deliver targeted content to users. Cookies and web beacons allow us to customize your experience when you are visiting the Sites. By tracking usage, we can determine what features of the Site may best serve users.

You may refuse to accept cookies by activating the settings on your browser to refuse cookies. If you choose not to accept cookies, you will still be able to use the Sites but you may be unable to access certain areas, such as ErosionWorks® login.

These Sites do not respond to Do-Not-Track signals.

4. USE OF INFORMATION: Your privacy is important to us. 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. We may use information provided by you, for example, to
(i) provide a service,
(ii) enable your use of our web-based software
(iii) ensure proper billing,
(iv) measure consumer interest in our various products and services,
(v) inform you about various products and services offered on the Sites (including third-party),
(vi) and other various marketing offers and promotions.

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, trade, or otherwise, disclose Personal information with third parties except as set forth in this Privacy Policy. We may, however, provide Personal Information to third parties directly involved in the operation, performance, support 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 reserve the right to assign or transfer 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. 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 committed unlawful acts or acts that may endanger the health or safety of another user or of the general public.

6. OPT-OUT/OPT-IN: AEC provides customers with an easy means to provide (opt-in) and withdrawal (opt out) consent to our use of Personal Information (such as “check the box” on login screens or unsubscribe notices on e-mail offers). If you do not want AEC to send you any e-mail or postal mail about our products and services or otherwise continue to use your Personal Information for the limited purposes stated in this Privacy Policy (or otherwise at the time of collection of such information), please contact our Privacy Officer as set forth below. Please note that it may take 4 to 10 business days to fulfill your requests. Please note that certain portions of the Sites (such as ErosionWorks® software) may not be accessible to you or otherwise operate if you elect to not “opt-in” or to “opt-out”.

7. 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.

8. LINKED INTERNET SITES: You should be aware that other Internet sites to which you hyperlink from the Sites may contain privacy statements that differ from our Privacy Policy. AEC encourages you to read and understand such privacy policies and terms of use of any linked sites accessed by you. If you decide to access such linked sites or provide any personal information to such linked sites, you do so entirely at your own risk. AEC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

9. MISCELLANEOUS TERMS: No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of AEC to intercept or access transmissions or private communications unlawfully. If you choose to visit the Sites, your visit and any dispute over privacy is subject to this Privacy Policy, including but not limited to limitations of damages and application of the law of the State of Texas. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AEC OR ITS AFFILIATES, DISTRIBUTORS, CONTRACTORS AND CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE SITES, EVEN IF AEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE EXCLUSIVE REMEDIES PROVIDED UNDER THIS PRIVACY POLICY FAIL OF THEIR ESSENTIAL PURPOSE.

10. EFFECTIVE DATE AND CHANGES: We will periodically modify our Privacy Policy so that it remains relevant and current with changing technologies, applicable laws, evolving business practices, and the needs of our customers. When we do, we will revise the updated date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information you submit and we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Your continued use of the Sites following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

11. CONTACTING US: We welcome your feedback. If you have any comments or questions about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, please contact us at:

By mail: Privacy Officer
American Excelsior Company
850 Avenue H East
Arlington, Texas 76011

By email: privacyofficer@americanexcelsior.com

rev101116