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 https://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
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.
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
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.
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.
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.
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.
By mail: Privacy Officer
American Excelsior Company
850 Avenue H East
Arlington, Texas 76011
By email: email@example.com