2

Privacy Policy

1. Our Commitment to Privacy

Thank you for visiting this web site of Womack Machine Supply Company ("Womack") (the "Web Site"). Womack respects your privacy and is committed to protecting your Personal Information, as defined below, you voluntarily share with us.

2. Revisions to this Privacy Policy

In its sole discretion, Womack may revise this Privacy Policy at any time, effective when posted to this Web Site.

3. Definition of Personal Information

As used in this Privacy Policy, the term "Personal Information" shall mean information that may be used to identify you the visitor to this Web Site, such as a name, address, email address, phone number, title, and company.

4. Collection of Personal Information

  • Womack may collect Personal Information when you create a personal account ("Your Account") with Womack which you may set up on a different page of this Web Site. You are solely responsible for maintaining the confidentiality of the password and log in information applicable to Your Account.
  • Access to certain Web Site pages, including the Womack Secure Customer Services ("SCS") pages, require a log in and a password and may further require the creation of a personal account, which requires the provision of your name, address, e-mail and phone number, as well as whether you are associated with a reseller or end user (and if an end user, the products used). The use of the SCS pages, and the information or programs downloadable from those pages, may be governed by an agreement between Womack and your employer as the end user of a Womack product.
  • Womack collects Personal Information you may provide in connection with our marketing programs or in connection with your application, if any, for employment at Womack.
  • When you browse our Web Site you do so anonymously, unless you have previously registered with us and have logged in. Womack uses third party tools to track your anonymous activity on our Web Site in order to collect information. This information may conceivably relate to Personal Information. We also use standard technologies, such as cookies and other HTML tools, to collect information about your use of our Web Site and to record certain information. We use cookies to provide a user-friendly registration and login process. A cookie is a small text file containing information that a Web Site transfers to your computer's hard disk for record-keeping purposes. A cookie cannot give us access to your computer or information beyond what you provide to us. Most web browsers automatically accept cookies. You should consult your browser's manual or online help if you want information on restricting or disabling the browser's handling of cookies. If you disable cookies, you can still use many features of the Web Site. If you have registered with us and are logged in, we can track your activity and relate it to your email address. If you have registered with us for certain marketing programs, we can link your activity to the user profile created when you initially register and which is updated on subsequent visits.

5. Use of Personal Information

  • Womack may use your Personal Information to fulfill your orders or requests for products, services or information.
  • Womack may use your Personal Information to inform you about the latest product offerings that we believe will be of interest to you and in connection with other marketing activities.
  • Womack may use your Personal Information to improve the content and general administration of the Web Site.
  • Womack may use your Personal Information to contact you to obtain or provide additional information.
  • Womack may use your Personal Information to verify the accuracy of and/or update Womack's records.
  • Womack may use your Personal Information to identify customers of Womack products or services.
  • Womack may use your Personal Information to associate specific products or services with specific customers.
  • Womack may use your Personal Information in connection with litigation or other legal proceeding.
  • Womack will not sell your Personal Information to third parties, but may share Personal Information with third parties or Womack Affiliates, as defined below.

6. Disclosure of Personal Information

  • Womack may hire third party vendors to provide limited services on its behalf, including packaging and delivery, sending postal and electronic mail, providing technical support, and processing event registrations and Womack may disclose your Personal Information to such third parties for the purposes of fulfillment, support or audit. Womack may provide your Personal Information to its channel partners, such as distributors and resellers, to fulfill product and information requests and to provide customers and prospective customers with information about Womack and its products. Womack may engage in joint marketing activities and events with other manufacturers and solution providers, and may provide your Personal Information to such third parties for the purpose of promoting or performing the activity or event. Womack may license, sell or otherwise transfer its technology or business, or a portion thereof, to third parties and, in connection with such transfers, it may disclose customer and prospect data, including Personal Information, related to the transfer, or potential transfer, to the transferee.
  • Womack may share your Personal Information to related and affiliated entities ("Womack Affiliates") some of which may be located in the U.S., Canada, Europe, Asia and elsewhere. The data protection laws in these countries may be more or less extensive than laws in the country in which you are located. However, Womack and each of its Womack Affiliates are governed by this Privacy Policy and will use your Personal Information only as set forth in this Privacy Policy. It is your sole responsibility to determine the data protection details of the countries relevant to you.
  • Womack may disclose your Personal Information to third parties: (i) if required to do so by law, as determined by Womack in its sole discretion; (ii) to comply with legal process; (iii) in connection with litigation or other legal proceeding; (iv) to enforce its agreement(s) with you, if any; and/or (v) to act to protect personal safety or the public as Womack may determine in its sole discretion to be reasonable.

7. Children and Privacy

Womack's Web Site and its products are not intended to be used by children. Womack does not knowingly solicit Personal Information from persons under the age of 18.

8. Security of Personal Information and Links

Womack has implemented security mechanisms and procedures to protect your Personal Information from unauthorized disclosure or access. However, Womack cannot guarantee that Personal Information will be secure and Womack shall not be responsible for an unauthorized access to or disclosure of Personal Information. This Web Site may contain links to other web sites. Womack is not responsible for the privacy practices or the content of other web sites.

9. Unsubscribing From Future Communications

You can unsubscribe from future marketing communications by logging into your account at www.womackmachine.com under "Manage Email Settings" and modifying your communication preferences. If after you unsubscribe you continue to receive unsolicited and undesired communications from Womack, please forward the communication to privacy@womackmachine.com.

10. Updating Your Personal Information

You can update your Personal Information maintained by Womack by logging into your account at www.womackmachine.com and modifying your Personal Information. Should you need to update any other information, please forward the details to privacy@womackmachine.com.

11. Accessing Your Personal Information

You may access the Personal Information that Womack holds relating to you by emailing your request to privacy@womackmachine.com. To the extent permitted by applicable law, Womack reserves the right to assess an administrative fee for such access.

12. Liability Limitation

WOMACK, WOMACK AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER TYPE OF DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INFORMATION, ARISING FROM OR RELATING TO PERSONAL INFORMATION WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, AND/OR WHETHER OR NOT WOMACK OR ANY WOMACK AFFILIATE WAS ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT SUCH DAMAGES ARISE UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WOMACK'S LIABILITY IS LIMITED AND EXCLUDED TO THE GREATEST EXTENT ALLOWED BY LAW.

13. Disclaimer of Warranties

WOMACK HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY, AND ALL OTHER WARRANTIES NOT EXPRESSLY PROVIDED IN THIS PRIVACY POLICY.

14. Force Majeure

WOMACK SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LAWSUITS ARISING FROM OR RELATING TO ANY EVENT OR OCCURRENCE BEYOND WOMACK'S COMMERCIALLY PRACTICABLE AND REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY ACT OF TERRORISM, WAR, ACT OF GOD, SUCH AS LIGHTNING, HURRICANE, TORNADO, EARTHQUAKE, OR FLOOD, VANDALISM, THIRD-PARTY ACTS, OR ANY OTHER EVENT OR OCCURRENCE OUTSIDE THE COMMERCIALLY PRACTICABLE AND REASONABLE CONTROL OF WOMACK.

15. Miscellaneous

Exclusive venue for any litigation regarding this Privacy Policy or any service or product, if any, provided by Womack shall be in the federal and/or state courts located in Dallas County, Texas; provided, however, Womack reserves the right to initiate legal action in any other jurisdiction Womack deems appropriate. The laws of the State of Texas, excluding conflicts of laws principles, shall govern the interpretation and enforcement of this Privacy Policy. This Privacy Policy sets forth the entire agreement between you and Womack regarding the subject matter of this Privacy Policy.

16. Additional Questions

If you have further questions or concerns about Womack's collection, use or disclosure of your Personal Information, please email the Womack at privacy@womackmachine.com.

This document was last updated July 30, 2008