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.
any time, effective when posted to this Web Site.
3. Definition of 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
- 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
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
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 firstname.lastname@example.org.
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 email@example.com.
11. Accessing Your Personal Information
You may access the Personal Information that Womack holds
relating to you by emailing your request to firstname.lastname@example.org.
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
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.
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
you and Womack regarding the subject matter of this Privacy
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 email@example.com.
This document was last updated July 30, 2008