Terms of Use
This Site is provided by ©Westinghouse Outdoor Power Equipment, (Westinghouse) and may be used for information purposes only.
By accessing or using this Site, you agree to the terms and conditions contained in these Terms of Use which constitute an agreement between you and Westinghouse. If you do not agree with these Terms of Use, do not use the Site or download any materials from the Site. Westinghouse reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates.
Ownership/Use of Materials Contained On This Site
The Site contains material that is derived in whole or in part from material supplied by Westinghouse Outdoor Power Equipment (Westinghouse) and its licensees, and is protected by U.S. and international copyright laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Westinghouse’s or its licensees copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Westinghouses express written consent is prohibited. Except as expressly provided herein, Westinghouse does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Limited License
Subject to the terms and conditions set forth in this Agreement, Westinghouse grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials.
Disclaimer
THE MATERIALS CONTAINED ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEITHER WESTINGHOUSE NOR ANY OF ITS LICENSEES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WESTINGHOUSE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WESTINGHOUSE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Information Provided By You
Any personally identifiable information you may provide to Westinghouse via this Site is protected by the Privacy Policy associated with this Site. Westinghouse does not want you to, and you should not, send any confidential or proprietary information to Westinghouse via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Westinghouse will not be considered confidential or proprietary. By providing any such information or materials to Westinghouse, you grant to Westinghouse an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Westinghouse is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Westinghouse. You further recognize that Westinghouse does not want you to, and you warrant that you shall not, provide any information or materials to Westinghouse that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitation of Damages
IN NO EVENT SHALL WESTINGHOUSE OR ANY OF ITS LICENSEES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED SITE, EVEN IF WESTINGHOUSE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
Westinghouse reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Please check back periodically to inform yourself of any changes.
Westinghouse may terminate, change, suspend or discontinue any aspect of the Westinghouse Site, including the availability of any features of the Site, at any time. Westinghouse may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Westinghouse may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
User Conduct
Users are not permitted to upload, transmit, distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
Linked Sites
Westinghouse has provided links with other internet sites that are maintained by third parties. Westinghouse is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to this Site and you should always review the terms and conditions of any site that you access through a link from this Site.
Indemnification
You hereby agree to indemnify and hold harmless Westinghouse and its licensees any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by Westinghouse directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
Other
This site is controlled and operated by Westinghouse from its offices in the State of New York, United States of America. Westinghouse makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state New York and the federal courts located in New York City, New York. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
PRIVACY POLICY
Applicability
Please note that this Privacy Policy only applies to Web Sites owned and/or operated by or for Westinghouse Outdoor Power Equipment, (“Westinghouse”), and upon which Westinghouse has placed a “link” which, when “clicked”, transfers you to this Privacy Policy. It is not applicable to the individual web sites owned, sponsored or operated by or for any independent licensee of Westinghouse. While on our Web Site, you may encounter links to these or other web sites or online material. If you “click” on a link to such a third party, the “click” takes you off our Web Site and to a third party’s web site, which is beyond Westinghouse’s control. These other web sites may set their own cookies, collect data, and/or have their own privacy policies. This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected by any other web site or offline by Westinghouse (unless otherwise specifically stated or disclosed by Westinghouse), its corporate affiliates, broadcast affiliates, licensees or any other company, and we encourage you to review the privacy policy of any other web site you visit.
In addition, please note that this Privacy Policy does not apply to any information you may disclose publicly in any chat rooms, message boards, or similar web pages. You should keep in mind that whenever you publicly disclose information about yourself online – for example, via message boards or chat rooms – that information could be collected and used by people that you do not know. In addition, certain message boards and similar user forums may display IP addresses (as defined below) along with the message poster’s name and message. Westinghouse bears no responsibility for any action or policies of any third parties who collect any information users may disclose on the message boards, chat areas or other user forums, if any, on the Web Site.
INFORMATION WESTINGHOUSE COLLECTS
Personally Identifiable Information:
Personally identifiable information is information that could reasonably be used to identify you personally (such as your name, address, birth date or e-mail address), which we refer to in this Privacy Policy as “PII.” Generally, you may browse our Web Site without providing us with PII. However, there may be times when we ask you to provide us with certain PII, such as when you choose to register with our Web Site and/or for newsletters or choose to participate in an online contest, sweepstakes, survey or voting procedure. We may also ask you to provide us with demographic information or information regarding your interests, hobbies or similar information. Westinghouse reserves the right, at any time, to add features to our Web Site that require you to register or otherwise provide PII, including credit card information, or to require registration to access our Web Site. You can choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Web Site’s features. We may combine the information we collect with information available from other sources, including information received from promotional partners or other third parties. We may provide you the opportunity to e-mail a friend an article, electronic greeting card or other special feature from our Web Site. The e-mail addresses you supply us for those activities will be used to send the requested e-mail and will not be used to send you or your friend any other e-mail communications.
The Web Site does not knowingly collect PII from children under thirteen (13) years of age:
This is not a Web site directed to children under the age of 13, and Westinghouse does not knowingly collect any information from children under 13 years of age at the Web Site. If you are under 13 years of age, do not send any information about yourself to Westinghouse. If Westinghouse discovers that a child under the age of 13 has provided the Web Site with PII, Westinghouse will delete that child’s PII from its system.
Anonymous Information:
When you visit the Web Site, our web servers automatically collect Web site usage information. Web site usage information is anonymous information that describes how our visitors use and navigate our Web Site, and it includes the number and frequency of visitors to each web page and the length of their stays. We collect the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Web Site, and IP address. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page.
IP Addresses:
An IP address is a number that is assigned to your computer or network when you are on the Internet. When visitors request pages from our Web Site, our servers log the visitor’s IP address. We may collect IP addresses for a variety of internal purposes, such as system administration, to report aggregate information to our business partners or to audit the number of visits to different pages on our Web Site. Please note that some services within our Web Site, such as certain message boards, may display IP addresses along with the message poster’s name and message.
Cookies:
Cookies are information files that our Web site may place on your computer to provide extended functionality and to personalize your experience at our Web Site. We may use cookies for a number of purposes. For example, we may use cookies to track usage patterns on the Web site and we may use cookies when we conduct polls and sweepstakes to limit multiple responses and registrations. Or, we may use cookies to record registration and personalization information, enabling you to save your user name and password. We do not store any PII in cookies, but we may link the cookie to any information we collect. You may occasionally get cookies from our advertisers, which is standard in the internet industry. We do not control these cookies, and these cookies are not subject to our privacy policy. Visitors to our web site should check the privacy policy of the advertiser to see whether and how it uses cookies. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of the Web Site will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
WESTINGHOUSE’S USE AND DISCLOSURE OF COLLECTED INFORMATION
Westinghouse:
Westinghouse may use your PII to provide the information or content you have requested, to contact you or to fulfill prizes in connection with a contest or sweepstakes, to contact you about Westinghouse programs, products, features or services, or for other purposes disclosed at the time of collection. We may also use your PII to contact you regarding your use of our Web Site or changes to our Privacy Policy, Terms of Use or other policy or terms that affect you and your use of our Web Site. If you e-mail someone else an article, electronic greeting card or other special feature from our Web Site, we will use the information you provide about someone else to send that person the requested e-mail. Westinghouse may use information collected about our users to improve the content and navigation of our Web Site, or for other internal purposes.
Third parties providing services on our behalf:
Westinghouse may employ other companies and individuals to perform functions on its behalf. Examples may include hosting the Web Site, sending communications on our behalf, hosting message boards or other user forums, analyzing data, providing marketing assistance, creating, hosting and/or running contests/sweepstakes/games and providing customer service. These third parties may have access to our users’ PII in order to provide these services to us or on our behalf, but they are not permitted to use it for other purposes.
Other Third Parties:
Westinghouse may disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of our Web Site, or how many men or women receive our newsletter. Westinghouse does not rent, sell or otherwise disclose your PII to third parties unless disclosed to you at the time such information is collected or unless you otherwise give consent, other than in the following limited circumstances:
Legal Action:
Westinghouse may disclose information about its users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Web Site and applicable laws, or to protect against misuse or unauthorized use of our Web Site. Westinghouse may also disclose user information whenever we believe disclosure is necessary to limit our legal liability, to protect or defend our rights or property or protect the safety, rights or property of our users.
Corporate Change:
Westinghouse may sell, transfer or otherwise disclose user information, including PII, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change respecting the Web Site.
SECURITY
Westinghouse takes steps to secure the data you submit to us, including limiting the number of people who have physical access to our user data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, Westinghouse cannot ensure or warrant the security of any information you transmit to Westinghouse and you do so at your own risk.
Consent to Transfer
The Web Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.
Acceptance/Changes to Privacy Policy
By using the Web Site, you agree to the terms of this Privacy Policy. Westinghouse reserves the right to modify, alter or otherwise update this Privacy Policy at any time in its sole discretion. We will post any changes here, so be sure to check back from time to time. However, we will only use the PII you provide to the Web Site in a manner consistent with this Privacy Policy, unless you give us your consent.
Contact Us
If you have any questions, comments or concerns about our Privacy Policy, please contact us at customerservice@westinghouse-products.com.