Terms of Use & Privacy Notice
TERMS OF USE AND PRIVACY NOTICE
Effective Date: July 12, 2016
This website is owned and provided by Ewing Electronics, Inc. dba Ewing Engineered Solutions, (“Ewing”) located at 1728 Big Bend Blvd. Fairview, TX 75069-1222.
Please read our Terms of Use and Privacy Notice (collectively “Terms”) before using our website. By accessing or using our website, you are agreeing to these Terms and any updates. As these Terms may change regularly, in our sole discretion, you should review them regularly. If you do not agree to all of these Terms, you should not access or otherwise use our website. Any reference to “Content” means any materials, documents, images, graphics, logos, design, embedded audio and video and any other information provided from or on our website.
Website Access
Our website is provided to you only as a convenience and for your information. By providing access to our website Content, we do not warrant or represent that:
- The Content is accurate, up-to-date, current, or complete;
- We have a duty to update any Content;
- The Content is free from technical inaccuracies or errors;
- Your access to our website will be free from interruptions, errors, computer viruses or other harmful elements.
Disclaimer and Limitation of Liability
You understand and agree the the Content and your use of our website is provided on an “As Is” and “As Available” basis and without warranties of any kind, either express or implied. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK AND WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT (A) THE INFORMATION AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) OUR WEBSITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE CONTENT WILL BE CORRECTED. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the Content of our website, even if one of our employees or agents have been advised of the possibility of your damages. If your use of our website results in your need to service, repair or correct your equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Third Party Links
We may provide links to other websites maintained by third parties or may provide third party content on our website. Such links are provided only for your convenience. The content of any linked site is not under our control and we are not responsible for any of the content, including any further links from a third party site. Your access to any linked third party sites, is entirely at your own risk. It is your responsibility to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
No Endorsements
In our sole discretion we can terminate a link to a third party website at any time. Merely providing a link to a third party website does not mean that we endorse, authorize or sponsor that website. Such link also does not indicate that we are affiliated with the third party website’s promoters or owners.
If a third party links to our website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our website.
A website that links to our website can link to, but not replicate, our content, and must not not create a browser, border environment or frame our content. A website linking to our website is not to imply that we are endorsing it or its products or misrepresent its relationship with us. Under no circumstances should a website that links with our website present false information about our products or service and is prohibited from publishing content that could be construed as distasteful, offensive or controversial.
Do Not Submit Confidential or Proprietary Information
We do not want to receive confidential or proprietary information from you through our website. If you transmit to or post on our website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. If you need to transmit confidential or proprietary information, please contact us at 800.394.6496. Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Restricted Use
Our website’s Content is the exclusive property of Ewing and or our licensors and are protected by all United States and international copyright laws. In addition, our Content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos of “Ewing” used and displayed on our website are our registered and unregistered trademarks. Nothing on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, reproduce, republish, modify, or distribute in any way, any of our trademarks or service marks without our express written permission. Requests to use trademarks or service marks owned by other companies which may be mentioned or linked to on our website should be directed to those other companies.
Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties.
Compliance with Laws
Our website is controlled by us within the United States. We make no representation that the Content or materials on our site are appropriate or available for use in other jurisdictions. If you choose to access our website from other jurisdictions, you do so at under your own volition and are responsible for compliance with any applicable local laws. We are not responsible for any violations of laws, regulations, or policies. You may not use or export the materials in this site in violation of U.S. export laws and regulations.
These Terms and the relationship between you and Ewing are governed by the laws of the State of Texas, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Collin County, Texas and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Ewing may elect, in our sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the website or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Changes to the Terms
We may, at any time, revise these Terms by posting an update on our website. By using our website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms. Certain provisions of these Terms may be superseded by other legal notices or terms located on parts of our website. In the event of a conflict between these Terms and the terms and conditions of any other written agreement between Ewing and our customers or vendors, the express terms and conditions of the latter agreement shall prevail.
Indemnification
You agree to indemnify, defend and hold harmless Ewing, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Ewing and our officers, directors, employees, agents, licensors, vendors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination
These Terms may be terminated without notice at any time for any reason and you may no longer use our website if you terminate this agreement. Paragraphs 2 through 4, 6 through 9 and 12 through 14 of these Terms shall survive any termination of this agreement.
Notices
You agree that Ewing may communicate any notices to you under these Terms, through electronic mail, regular mail, or by posting the notices on our website. All notices to Ewing will be provided by either sending: (i) an email to notices@ewinges.com; or (ii) a letter, first class certified mail, to Ewing Engineered Solutions, P.O Box 21, Allen, TX 75013-0001
Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Ewing will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Ewing Electronics, Inc.
dba Ewing Engineered Solutions
P.O Box 21
Allen, TX 75013-0001
Attn: DMCA Notice
Email: dmca@ewinges.com
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ewing will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Miscellaneous
It will not be considered a waiver of Ewing’s rights if Ewing fails to enforce any of these Terms against you. In the event a court finds a provision in these Terms to not be valid, you and Ewing agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Terms. No joint venture, partnership, employment or agency relationship exists between you and Ewing as a result of these Terms or use of our website.
Entire Agreement
These Terms governs your use of our website and constitutes the entire agreement between you and Ewing. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Ewing regarding the subject matter contained in these Terms.
WEBSITE PRIVACY NOTICE
Effective Date: July 12, 2016
Ewing has established a privacy policy and this Privacy Notice provides important information about your privacy in connection with your use of our website. Please review it carefully. Your continued use of our website constitutes your agreement with this Privacy Notice and any subsequent updates.
This Privacy Notice applies only to Ewing’s website. It does not apply to any third party site or service or website linked to our website. You should review the privacy notices and practices of other websites, as we cannot control or be responsible for the privacy practices of any third party websites.
Our Commitment to Privacy
Your privacy is important to us. We are committed to complying with all applicable federal, state, local, and International privacy laws and regulations. We strive to provide an environment in which our employees, customers, stockholders, and partners trust us to handle personal information responsibly. We provide this privacy notice as part of our commitment to privacy by describing what personal information we collect, how we use it, how we protect it, and with whom we share it.
What Information We Collect and How We Use It
While visiting our website you may be asked to voluntarily provide personal information, such as your name, your employer, and contact information in order to accomplish the purpose of your visit. The specific information that you may choose to provide will depend on the nature of the transaction to be completed and is always voluntary.
How We Protect Your Information
We use reasonable physical, electronic, and managerial procedures to safeguard and secure the information you provide to us against loss, misuse, or unauthorized access. All personal information that we collect is protected using industry standard computer security and industrial security practices.
Cookies and Other Website Technical Considerations
Our website uses modern web application methods that result in the automatic collection and storage of certain data that some may consider to be personal or personally identifiable information. This includes your Internet Protocol or IP addresses, type of browser that you use, and other technical data about your computing environment. This information is stored in server logs that we maintain and review for the purpose of improving and supporting the secure operation of our website. We use “cookies” on our website to enhance the experience of our visitors, such as retaining user preferences between sessions. A cookie is a small text file that is stored on your computer. Cookies cannot be used to deliver viruses to your computer, they are uniquely assigned to you, and our cookies can only be read by our web servers. You have the ability to accept or decline cookies or, if you prefer, you can modify your web browser settings to decline all cookies or selectively decline cookies as they are offered.
With Whom We Share Your Information
Information collected from you by Ewing will not be shared with third parties for purposes other than in support our operations and as necessary to facilitate the purpose for which you provided it. Ewing is a United States corporation. From whatever place you provide information to our website, you should expect that it will be processed and viewed in the United States. Your use of this website constitutes your consent for any cross-border data transfer resulting from such use. Your information may be disclosed to attorneys or law enforcement authorities to address potential Acceptable Use Policy (“AUP”) violations, other contract violations, or illegal behavior. Ewing will disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property. You understand and agree that we may share your information in connection with a corporate transaction, such as a merger or sale of our company.
Updates to This Privacy Notice and to Your Information
We may update this Privacy Notice periodically without prior notice to reflect changes in our practice. Updates will be dated and posted on our corporate website. If you volunteered personal information to Ewing and would like to update it, please visit the portion of this site where you submitted the information and follow the directions there to submit any changes.
How to Contact us
If you have questions relating to this Privacy Notice, or for any questions you might have about our privacy practices, please contact us at notices@ewinges.com
