Acceptance — Agreement Seller’s commencement of work on the goods subject to this purchase order or shipment of such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this purchase order. Any acceptance of this purchase order is limited to acceptance of the express terms contained on the face and back hereof. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller’s acceptance is hereby objected to and rejected, but such proposals shall not operate as a rejection of this offer unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by Seller without said additional or different terms. If Seller shall deem this purchase order an acceptance of a prior offer, such acceptance is limited to the express terms contained on the face and on the back hereof. Additional or different terms or an attempt by Seller to vary in any degree any of the terms of this purchase order shall not be deemed material and are objected to and rejected, but this purchase order shall not operate as a rejection of the Seller’s offer unless it contains variances in the terms of the description, quantity, price or delivery schedule of the goods.
Termination for Convenience of Purchaser Purchaser reserves the right to terminate this order or any part hereof for its sole convenience. In the event of such termination, Seller shall immediately stop all work hereunder, and shall immediately cause any of its suppliers or subcontractors to cease such work. Seller shall be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed prior to the notice of termination plus actual direct costs resulting from termination. Seller shall not be paid for any work done after receipt of the notice of termination, nor for any costs incurred by Seller’s suppliers or subcontractors which Seller could reasonably have avoided.
Termination for Cause Purchaser may also terminate this order or any part hereof for cause in the event of any default by the vendor or if the vendor fails to comply with any of the terms and conditions of this offer. Late deliveries, deliveries of products which are defective or which do not conform to this order, and failure to provide Purchaser, upon request, of reasonable assurances of future performance shall all be causes allowing Purchaser to terminate this order for cause. In the event of termination for cause, Purchaser shall not be liable to Seller for any amount and Seller shall be liable to Purchaser for any and all damages sustained by reason of the default which gave rise to the termination.
Proprietary Information – Confidentially — Advertising Seller shall consider all information furnished by Purchaser to be confidential and shall not disclose any such information to any other person, or use such information itself for any purpose other than performing this contract unless Seller obtains written permission from Purchaser to do so. This paragraph shall apply to drawings, specifications, or other documents prepared by Seller for Purchaser in connection with this order. Seller shall not advertise or publish the fact that Purchaser has contracted to purchase goods from Seller. Nor shall any information relating to the order be disclosed without Purchaser’s written permission. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Seller to Purchaser shall be deemed a secret or confidential and Seller shall have no rights against Purchaser with respect thereto except such rights as may exist under patent laws.
Warranty Seller expressly warrants that all goods and services furnished under this agreement shall conform to all specifications and appropriate standards, will be new, and will be free from defects in material or workmanship. Seller warrants, that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked, and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of that type are normally used. If Seller knows or has reason to know the particular purpose for which Purchaser intends to use the goods or services, Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or services, furnished will conform in all respects to samples. Inspection, test, acceptance, or use of the goods or services furnished hereunder shall not affect the Seller’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Seller’s warranty shall run to Purchaser, its successors, and customers, and users of products sold by Purchaser. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to Purchaser, when notified of such nonconformity by Purchaser, provided Purchaser elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects in or replace nonconforming goods or services promptly, Purchaser, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for the cost incurred by Purchaser in doing so.
Price Warranty Seller warrants that the prices for the articles sold Purchaser hereunder are not less favorable than those currently extended to any other customer for the same or similar articles in similar quantities. In the event Seller reduces its price for such articles during the term of this order, Seller agrees to reduce the prices hereof correspondingly. Seller warrants that prices shown on this purchase order shall be complete and no additional charges of any type shall be added without Purchaser’s express written consent. Such additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating.
Force Majeure Purchaser may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such goods at the direction of the Purchaser and shall deliver them when the cause affecting the delay has been removed. Purchaser shall be responsible only for Seller’s direct additional costs in holding the goods or delaying performance of this agreement at Purchaser’s request. Causes beyond Purchaser’s control shall include government action or failure of the government to act where such action is required, strike or other labor trouble, fire, or unusually severe weather.
Patents Seller agrees upon receipt of notification to promptly assume full responsibility for defense of any suit or proceeding which may be brought against Purchaser or its agents, customers, or other vendors of alleged patent infringement, as well as for any alleged unfair competition resulting from similarity in design, trademark or appearance of goods or services furnished hereunder, and Seller further agrees to indemnify Purchaser, its agents and customers against any and all expenses, losses, royalties, profits and damages including court costs and attorney’s fees resulting from any such suit or proceeding, including any settlement.
Insurance In the event that Seller’s objections hereunder require or contemplate performance of services by Seller’s employees, or persons under contract to Seller, to be done on Purchaser’s property, or property of Purchaser’s customers, the Seller agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the Purchaser. Seller shall maintain all necessary insurance coverages, including public liability and Workmen’s Compensation insurance. Seller shall indemnify and save harmless and defend Purchaser from any and all claims or liabilities arising out of the work covered by this paragraph.
Indemnification Seller shall defend, indemnify and hold harmless Purchaser against all damages, claims or liabilities and expenses (including attorney’s fees) arising out of or resulting in any way from any defect in the goods or services purchased hereunder, or from any act or omission of Seller, its agents, employees or subcontractors. This indemnification shall be in addition to the warranty obligations of the Seller.
Changes Purchaser shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any such change causes an increase or decrease in the cost, or the time required for the performance, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. Seller agrees to accept any such changes subject to this paragraph.
Inspection/Testing Payment for the goods delivered hereunder shall not constitute acceptance thereof. Purchaser shall have the right to inspect such goods and to reject any or all of said goods that are in Purchaser’s judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense and, in addition to Purchaser’s other rights, Purchaser may charge Seller all expenses of unpacking, examining, repacking and reshipping such goods. In the event Purchaser receives goods whose defects or nonconformity is not apparent on examination, Purchaser reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve in any way the Seller from the obligation of testing, inspection and quality control.
Entire Agreement This purchase order, and any documents referred to on the face hereof, constitute the entire agreement.
Assignment and Subcontracting No part of this order may be assigned or subcontracted without the prior written approval of Purchaser.
Equal Opportunity and Affirmative Action This contractor and subcontractor shall abide by the requirements of 41CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. This contractor and subcontractor shall abide by the employee notice requirements set forth in 29 CFR Part 471, appendix A to Subpart A.
Setoff All Claims for money due or to become due from Purchaser shall be subject to deduction or setoff by the Purchaser by reason of any counterclaim arising out of this or any other transaction with Seller.
Shipment If in order to comply with Purchaser’s required delivery date it becomes necessary for Seller to ship by a more expensive way than specified in this purchase order, any increased transportation costs resulting therefrom shall be paid for by Seller unless the necessity for such rerouting or expedited handling has been caused by Purchaser.
Waiver Purchaser’s failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or Purchaser’s waiver of any breach hereunder shall not thereafter waive any other terms, conditions or privileges, whether of the same of similar type.
Delivery Time is of the essence of this contract, and if delivery of items or rendering of services is not completed by the time promised, Purchaser reserves the right without liability in addition to its other rights and remedies to terminate this contract by notice effective when received by Seller as to items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge Seller with any loss incurred.
Limitation on Purchaser’s Liability — Statute of Limitations In no event shall Purchaser be liable for anticipated profits or for incidental or consequential damages. Purchaser’s liability or any claim of any kind for any loss or damage arising out of or in connection with or resulting from this agreement or from the performance or breach thereof shall in no case exceed the price allocable to the goods or services or unit thereof which gives rise to the claim. Purchaser shall not be liable for penalties of any description. Any action resulting from any breach on the part of Purchaser as to the foods or services delivered hereunder must be commenced within one year after the cause of action has accrued.
DELIVERY AND RISK OF LOSS. Buyer agrees to pay all costs of transportation, or to reimburse Seller for any expenses incurred in transporting the goods. Buyer assumes all risk of loss or damage thereto from the time the goods are presented to the carrier for loading. If a package is received in damaged condition, it is the buyer’s responsibility to contact the carrier and retain the package for inspection.
WARRANTY. Seller warrants that the goods to be supplied here under will conform to the description on the face thereof and that it will convey good title thereto.
DISCLAIMER. SELLER MAKES NO OTHER WARRANTY WHATEVER, EXPRESSED OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED AND EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE GOODS SOLD HEREUNDER.
EXCLUSIVE REMEDY. Seller will replace, at the delivery point specified herein, any goods furnished hereunder that are found to be defective or otherwise fails to conform to the conditions of this contract, or, at Seller’s option, Seller will repay the price paid for such product, plus any transportation charges paid by Buyer in addition to such price. Buyer shall have no more than 15 days following delivery to give notice to Seller of nonconforming goods. Seller must be given a reasonable opportunity to investigate Buyer’s claims with respect to any product furnished by Seller, hereunder that is found to be defective or otherwise not conforming with this contract. Claims shall be limited to the replacement or repayment of the goods as stated herein. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES.
INDEMNIFICATION. Buyer agrees to indemnity, hold harmless and defend Seller of and from any and all claims or liabilities asserted against Seller in connection with the manufacture, sale, delivery, resale or repair or use of any product covered by or furnished under this contract arising in whole or in part out of or by reason of the failure of Buyer, its agents, servants, employees or customers to follow instructions, warnings or recommendations furnished by the Seller in connection with such product, or by reason of the negligence of Buyer, its agents, servants, employees or customers.
ADVICE. Seller assumes no obligation or liability for advice or assistance given or results obtained in connection with any goods sold hereunder, all such advice or assistance is given and accepted at Buyer’s risk. Any decision as to use or installation of goods sold hereunder is that of the Buyer.
COMPLIANCE WITH LAW. Seller certifies that these goods were produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14, thereof.
RETURNS. Seller will not accept for return any goods specially manufactured for the Buyer. Seller will accept for return standard items, if returned within 30 days of delivery and after prior written permission from Seller authorizing return.
ENTIRE AGREEMENT. No terms or conditions other than those stated herein, and no agreement, implied, oral or written in any way purporting to modify these terms and conditions, whether contained in Buyer’s purchase order, Seller’s acknowledgment, shipping forms or elsewhere, shall be binding on Seller unless made in writing and signed by an officer of Seller. Trade usage shall neither be applicable nor relevant to this agreement, not be used in any manner whatsoever to explain, qualify or supplement any of the provisions herein.
TERMS. F.O.B. our plant. With prior credit approval, payment is due in 30 days net unless otherwise specified by Seller. Service Charge of 1-1/2% will apply on all invoices unpaid after 60 days from the date of the invoice. This amounts to 18% annum. Minimum service charge $2.50 per month.
QUOTATIONS. Stenographical and clerical errors are subject to correction. Until an order is accepted by Seller, quoted prices are subject to change without notice. All orders and contracts are subject to acceptance by Seller. Quotations are based on prevailing costs of labor and material, but do not include Federal, State or Municipal taxes. In line with the general practice of the industry, the fact that we find it necessary to charge for tools, dies, fixtures or gages doesn’t not convey ownership or the right to remove them from our factory, unless specifically agreed upon in writing. Quotations are valid for 30 days.
CREDIT. Accounts will be opened only with firms or individuals on approved credit. The Seller reserves the privilege of declining to make deliveries except for cash whenever, for any reason, doubt as to the Buyer’s responsibility develops.
CANCELLATION. Orders may be canceled or deliveries deferred only upon the condition that the Buyer assumes immediate liability and makes payment to the seller for all work completed at the unit price; work in process on the basis of the percentage of completion thereof times the order unit price; raw material, unamortized tooling, engineering and other cancellation charges incurred on the basis of cost to the Seller, plus handling and overhead charges. All cancellation charges to be determined at the time of cancellation or deferment.
QUANTITIES. All quotations are based on Buyer accepting over-run or under-run on each individual item not exceeding 10% of quantities ordered. Where closer control of quantity is required special arrangements must be made. All Special Orders over 5 pieces may be over shipped by not more than 10%.
LEAD TIMES. The delivery date indicated is given in all sincerity and can be met at a given time. However, quoted lead times are subject to prior sale of parts and/or capacity. The Seller does not assume responsibility for any damages growing out of or owing to, any delays which are beyond his control. If partial shipments are required special arrangements must be made, all partial shipments will be invoiced and must be paid under our regular terms.
CLAIMS. If the Buyer claims delivery of material not as ordered he must notify Seller within ten (10) days after receipt of shipment. No returns will be accepted after this period. If such claim is sustained and material furnished is not as ordered, Acme Industrial shall have option to repair, replace, credit, or complete orders with the limitation of the terms stated above under “Quantities”. Under no circumstances will the Seller be liable for damages or claims for expense involved in using his product. Seller will not allow claims for defective goods on parts that have been further processed by the Buyer and resulting in change of either dimensions or the characteristics of parts as ordered. Claims for shortage must be made within ten (10) days from receipt of the goods.
INSPECTION. Inspection by the Seller is made on a percentage basis only. If 100% inspection is required it is at the Buyers expense, and only such parts proved not as ordered by Buyer’s inspection may be returned with a claim for repair, credit or replacement, as covered by the above sections “Claims” and “Quantities”.
SHIPMENT. In ordering the Buyer should state explicitly the method of shipment preferred, and in the absence of shipping direction, the Seller will use discretion selecting the carrier and services for the shipment. Shipments will be insured at the Buyer’s expense unless otherwise specified.
PATENTS. It is not the intention of the Seller to manufacture any product which is an infringement of a patented article. Parts are made by the Seller strictly to dimensional specifications furnished by the Buyer. It is agreed that the Buyer will defend and save harmless the Seller form any and all expense involved in any claims for damages from infringements of letters patent by the use or sale of parts made by the Seller, either as such or as part or units of complete entities. Buyer does not assume responsibility for parts made on equipment violating licenses.
Last Updated: January 2019
1. Key Terms
“User” or “You” means any visitor to Acme’s websites, regardless of whether the visitor registers for the Site or purchases any products or services.
Acme owns and operates the websites located at http://www.acmeindustrial.com/ (collectively, the “Site”), through which Acme advertises and sells its products and services and solicits and collects consumer information from users.
“Content” means text, graphics, images, audio, video, information, and other materials.
“Website Content” refers to any and all materials contained on the Site, including, without limitation, all Acme product logos, design, text, graphics, software, other files, and the selection and arrangement thereof.
2. Use of Site
3. Eligibility to Use the Site
The Site is intended solely for persons who are eighteen (18) years or older. Any access to or use of the Site by anyone under the age of eighteen (18) is expressly prohibited. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years old.
5. User Conduct
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without Acme’s written consent: (i) copy, reproduce, use, or otherwise deal with any content on the Site; (ii) modify, distribute, or re-post any content on the Site for any purpose; or (iii) use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to (i) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, systems resources, accounts, servers, or networks connected to or accessible through the Site, or affiliated or linked websites; (ii) disrupt or interfere with any other user’s enjoyment of the Site, or affiliated or linked websites; (iii) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (iv) use, frame, or utilize framing techniques to enclose any Acme trademark, logo, or other proprietary information (including, but not limited to, the images found on the Site, website content, the content of any text, or the layout/design of any page or form contained on a page) without Acme’ express written consent; (v) use meta tags or other “hidden text” utilizing the Acme name, trademark, or product name without Acme’s express written consent; (vi) create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; (vii) collect or store personal data about others; (viii) attempt to obtain unauthorized access to the Site or portions of them that are restricted from general access; and/or (ix) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law. You also agree not to post any copyrighted material unless the copyright is owned by you.
You also agree that you will comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, Acme will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user on the Site. We have the right to remove any material or posting you make on the Site if, in our sole discretion, such material does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
6. Changes to the Site
Acme reserves the right, at its sole discretion, to modify the Site and these Terms at any time and without prior notice. If we modify these Terms, we will either email you or post the modification on the Site. We will also update the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not agreeable to you, your only recourse is to stop using the Site.
Acme may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site and any products or services available through or outside the Site, temporarily or permanently, including the availability of any features of or access to the Site, after providing reasonable notice, and you agree that Acme will not be liable therefor.
7. Linked Websites
The Site may contain links to third party websites or resources. Acme makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlinks from the Site, or websites linking the Site. The linked websites are not under the control of Acme, and Acme is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. You accept sole responsibility for and assume all risk arising from your use of any such websites or resources, or the content, products, or services on or available from such websites or resources.
8. Copyright and Trademarks
The Site, including all of the website content, are protected by copyright, trademark, and other laws of the United States. Unless expressly stated otherwise, Acme retains other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written consent and permission of Acme or the respective copyright owner. You may not, without the express written permission of Acme or the respective copyright owner (i) copy, publish, or post any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site or its website content or services; (ii) collect any product listings or descriptions; (iii) make derivative uses of the Site or their website content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Acme or any third party. Together with other logos and product names appearing on the Site, Acme’s trademarks and copyrights may not be copied, imitated, or used, in whole or in part, without the prior written permission of Acme. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Acme, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Acme. Other names and brands on the Site may be claimed as the property of others.
9. Copyright Policy and Copyright Agent
It is Acme’s policy to respect the copyright and intellectual property rights of others. Acme may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Acme may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
Acme complies with the Digital Millennium Copyright Act. Acme accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. If you believe Acme or any user of the Site has infringed your copyright in any material way, please notify Acme, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material you claim is infringing so that we may locate it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
- a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to [email protected] or by mail to Acme Industrial Company, 441 Maple Avenue, Carpentersville, IL 60110.
10. Product Information
For questions about the products or services on the Site or orders placed through the Site or otherwise, please contact us at (847) 428-3911 or [email protected]
11. Product Descriptions
We have taken reasonable precautions to ensure that all product descriptions, prices, and other information shown on the Site are correct and fairly described. By placing an order on the Site, you are making an offer to Acme. To the extent permitted by law, Acme reserves its right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.
Please also note that the terms of any products or services offered by Acme and/or purchased by you, such as pricing, specifications, delivery times, and/or contents are subject to change by Acme by providing you reasonable advanced notice, including by posting notice of the change on the Site or sending you an email to the address you provided at purchase.
12. Order and Payment Information
If you use the Site or other means to purchase a product or service, payment must be received by Acme prior to Acme’s acceptance of an order, unless otherwise agreed in advance by Acme. All Acme products are subject to sales tax, which may be applied to your order total. The products available on the Site are for your use only. You may not sell or resell any of the products or services that you purchase or otherwise receive from us without our permission. Acme may need to verify information you provide before Acme accepts an order, and may cancel or limit an order any time after it has been placed. We reserve the right, with or without notice, to cancel any order, or portion thereof, that we believe, in our sole discretion, may result in the violation of our Terms. If payment has already been made and your order is cancelled or altered, Acme will refund you any payment made for the product that will not be shipped due to cancellation or alteration of an order in the same tender as the original purchase. Acme expressly conditions its acceptance of your order on your agreement to these Terms.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Acme is registered by you. Acme will have the right to bar your access to and use of the Site if it has reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information to Acme, or for any other reason Acme, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of someone else, you have sufficient authority to bind that person to these Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
13. Disclaimer of Warranties Relating to Use of the Site
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO THE SITE OR DATABASE REMAINS WITH YOU. NEITHER ACME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), AND WHETHER OR NOT ACME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ACME’S LIABILITY ARISING OUT THESE TERMS AND YOUR USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS OR SERVICES VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS OR SERVICES PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
You agree to release, defend, indemnify, and hold harmless Acme, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers from and against any claim, action, demand, loss, liability, expenses, or damages (compensatory, direct, incidental, consequential, or otherwise), arising out of or in any way connected with your access to or use of the Site or these Terms. YOU AGREE TO BE RESPONSIBLE FOR SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Limitations on Liability
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law, or otherwise), to the fullest extent permitted by law.
To the extent permitted by law, you agree that Acme will not be liable for any damages, claims or losses incurred (including, but not limited to, compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused or under any theory of liability arising in connection with (i) the Site; (ii) the use or inability to use the Site; (iii) the use of or reliance on any content or information displayed in or on the Site; (iv) the purchase or use of any products through the Site or otherwise; (v) unauthorized access to or alteration of your data that is sent to or received by the Site; or (vi) errors, system down time, network or system outages, file corruption, or service interruptions.
Notwithstanding anything to the contrary herein, Acme’s liability to you for any cause of action or claim will be limited to the amount paid, if any, by you in the last twelve (12) months to Acme for any products or services supplied by Acme through your use of the Site or otherwise.
Acme will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, but not limited to, internet outages and/or communications outages.
These exclusions will be governed by and construed in accordance with the laws of the State of Illinois. If any provision or part of any provision of these terms is declared invalid, unlawful, void, or unenforceable for any reason, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these terms.
The terms of this section survive any termination of these Terms.
16. International Users
Our website is controlled, operated, and administered by Acme from its offices in Carpentersville, Illinois. Acme makes no representation that materials on the Site are appropriate or available for use at other locations outside the United States, and access to them is prohibited from territories where the contents or products available through the Site are illegal. You may not use the Site or export its website content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
Notwithstanding any of these Terms, Acme reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that Acme will not be liable for any termination of your use of or access to the Site.
18. No Third-Party Beneficiaries
Only you and Acme are entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Acme. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You and Acme also agree that if Acme assigns, transfers, or sub-contracts any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
If any provision of these Terms, or part thereof, is deemed invalid, unlawful, void, or for any reason unenforceable, then that provision, or part thereof, will be deemed severable from the rest of the Terms and will not affect the validity or enforceability of any remaining provisions or part thereof.
The terms of this section survive terminations of the Terms.
20. Disputes, Binding and Confidential Arbitration, and Waiver of Class Actions and Class Arbitrations
Confidential and Binding Arbitration. You and Acme agree to confidential and binding arbitration of all Disputes between the parties pursuant to the provisions in this section. ARBITRATION MEANS THAT YOU AND ACME WAIVE OUR RESPECTIVE RIGHTS TO A JUDGE OR JURY IN A COURT PROCEEDING AND GROUNDS FOR APPEAL ARE LIMITED. You and Acme also agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms. The arbitrator may award the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief warranted by a claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court. Acme does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.
Dispute Notice. In the event of a Dispute, you or Acme must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Acme must be addressed and sent by certified mail to: Attn: Dispute Notice Agent, Acme, 441 Maple Avenue, Carpentersville, IL 60110 (the “Acme Notice”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Acme and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, either you or Acme may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND ACME AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO THE ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the terms set forth in this section and the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) that are in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the terms set forth in this section, the terms in this section will govern. The parties may, in arbitration, seek all remedies otherwise available to them pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, each of which is excluded from the definition of “Dispute” as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Washington, DC, at your option.
- Initiation of Arbitration Proceeding. If either you or Acme decide to arbitrate a Dispute, the parties agree to the following procedure:
- Write a Demand for Arbitration. The Demand must include a description of the Dispute and the amount of damages sought to be recovered (the “Demand for Arbitration”). A sample demand for arbitration is available at http://jamsadr.com.
- Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee, to:
555 13th Street, NW
Suite 400 West
Washington, DC 20004
- Send by certified mail one (1) copy of the Demand for Arbitration to the other party at the same address listed for the Dispute Notice, or as otherwise agreed to in advance by the parties.
- Hearing Format. In all hearings, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. The amount of any settlement offer made by Acme or you will not be disclosed to the arbitrator, if at all, until after the arbitrator determines the amount, if any, to which you or Acme is entitled. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.
- Arbitration Fees. All fees of the arbitrator and any consultant engaged by the arbitrator shall be paid one-half by each Party, unless otherwise awarded by the arbitrator.
- Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter by certified mail to Acme Industrial Company, 441 Maple Avenue, Carpentersville, IL 60110 within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions in these Terms will continue to apply.
Amendments to this Section. Notwithstanding any provision in this section to the contrary, you and Acme agree that if Acme makes any future amendments to the dispute resolution procedure and class action waiver provisions set forth in this section (other than a change to the parties’ addresses), Acme will post notice of such amendments on the Site and you will have thirty (30) days from your first visit to, or use of, the Site containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments. Severability. If any provision of this section is found to be unenforceable, that provision will be severed with the remainder of this section and these Terms remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void. The terms of this section will otherwise survive any termination of these Terms.
21. Exclusive Venue for Other Controversies
Acme and you agree that any controversy excluded from the dispute resolution procedure or class action waiver provisions in these Terms (other than an individual action filed in small claims court) will be filed only in the Kane County Courthouse, Geneva, Illinois, or the 2nd District Appellate Court, Elgin, IL, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
22. Entire Agreement
23. Time Period for Bringing Claims
You and Acme agree that any cause of action either may have with respect to the Site, or Acme’s products or services must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate an arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute. NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
24. Miscellaneous Terms
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Acme, and you do not have any authority to create any obligation on Acme’s behalf. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without Acme’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Acme and their respective successors and assigns.
The terms of this section survive any termination of these Terms.
25. Other Important Terms
These Terms supersede any other terms and conditions previously posted or published by Acme and any other representations or oral statements made by us to you. No delay by Acme in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by Acme in writing.
Last Updated: January 2019
1. Commitment to Privacy
2. Collection of Your Information
Personally Identifiable Information
We may collect personally identifiable information about you, including, without limitation, your name, address, telephone number, e-mail address, and payment information. If you choose to correspond with us through email or social media, we may retain the content of your messages, together with your email address and our responses.
Website Use Information
3. Use of Your Information
Broadly speaking, we use personally identifiable information for the purpose for which you provided it. If you order a product, or engage us for professional services, we will use your name and contact information to fulfill your needs, including billing, and delivery. If you send us an email, we may use your email address and other information you submit to provide customer service to you. We may also use your personally identifiable information or Log Data to administer our internal business activities, such as to design and arrange the Site in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers, to better understand visitors to the Site, to manage your account, to provide customer service, or to make available other products and services to our customers and prospective customers.
4. Disclosure of Your Information
No Sale of Your Information We are not in the business of selling your personally identifiable information. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your personally identifiable information to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your personally identifiable information with certain third parties without further notice to you, as set forth below.
Sharing Information with Agents, Consultants, and Related Third Parties We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others. When we engage another company to perform such functions, we may provide it with personally identifiable information, Log Data, or aggregate information about our customers, sales, website traffic patterns, and related website information, in connection with its performance of such functions. However, we do not collect or store credit card information or internet protocol addresses directly; rather, we employ a third party payment processor who may collect, store, and use such information. We take measures to select service providers that are responsible and afford privacy protections to their customers, such as those that comply with the Payment Card Industry Data Security Standards. However, we cannot make any representations about the practices and policies of these third party companies.
Sharing Information Through Social Media We work with third parties, including social media sites like Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so you can connect to Acme through your social networks. All of these companies operate Third Party Sites, as defined in section 8. We provide access to our Site by third parties and business partners so we can generate interest in our products and services among members of your social networks and to allow you to share your interests with friends in your network.
If you use features made available on our Site by a third party social media site, your personally identifiable information may be collected or shared by us or by the third party. We consider information collected or shared through any such social media features as public information because the third-party social media sites made it publicly available. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct the Third-Party Sites not to share the information with us. Acme does not control how these third parties use information collected from or about you, so be sure to review the privacy policies and privacy settings on your social media sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information.
We use features on Third-Party Sites that allow you to express opinions about products, surveys, or your interests. Those Third-Party Sites may collect or register your views (including whether you liked or purchased a product) and make those views available to Acme and on public portions of the Third-Party Sites. You can avoid such collection and use of your personally identifiable information by declining to buy products through Third Party Sites or to express your views on Third-Party Sites. Third-Party Sites may also give you the option to limit such data collection and disclosure in the privacy settings on their sites. Acme reserves its right not to display your personally identifiable information or content on our social media accounts or our Site, even if you express an opinion about our services or products or consent to our use of such information or content. We reserve the right to remove personally identifiable or other information of any person for any reason. We may also remove from our social media accounts, Site, in our sole discretion, any product offering or any photo or product description.
Legally Compelled Disclosure of Information We may disclose your personally identifiable information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, a court, or a government agency) or in the good faith belief that such action is necessary (a) to comply with a legal obligation; (b) to protect or defend our rights, interests, or property, or that of third parties; (c) to prevent or investigate possible wrongdoing in connection with the Site; (d) to act in urgent circumstances to protect the personal safety of users of the Site, or the public; or (e) to protect against legal liability.
5. Your Choices About Use and Disclosure Of Your Information
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.
You may choose to limit the personally identifiable information you submit by merely browsing the Site without providing your name or other information. If you do so, you may not be able to use certain functionality of the Site. To open an account, for example, you must provide your name and email address.
6. Information Security
We are committed to the protection of your information. When you place an order through the Site, we encode your information using Secure Socket Layer (SSL) encryption technology. This is the most advanced consumer online security technique to date. Our business practices also limit employee access to personally identifiable information and limit the use and disclosure of such information to authorized persons, processes, and transactions.
Accessing and Correcting Your Information If you have registered for an account on the Site, you may request access to or correction of all of your personally identifiable information that we collect online and maintain by emailing us at [email protected] We will take reasonable steps to respond to requests relating to personally identifiable information within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical, or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information).
Information Retention We may retain your personally identifiable information as long as you continue to use the Site. You may close your account by contacting us. However, we may retain personally identifiable information for an additional period as is permitted or required under applicable laws. Even if we delete your personally identifiable information, it may persist on backup or archival media for an additional period of time.
7. Cookies Web Logs, And Similar Technologies
Non-Personally Identifiable Data When you provide personally identifiable information, we may use it to create non-personally identifiable information that we may use for advertising, marketing, or trade. To de-identify your information, we will use only your first name and last initial and city of residence with, for example, a testimonial you provided.
10. International Privacy Laws
12. Dispute Resolution
13. Acceptance of These Terms
1. Incorporation by Reference
3. What are cookies?
How can I manage cookies? Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted). You can manage cookies through your web browser’s option settings and through those settings you may be able (a) to receive notifications when you are receiving new cookies; (b) to disable cookies; or (c) to delete cookies. Please refer to your web browser’s help section for information on how to do this.
4. What do we use these technologies for?
Performance/Analytics We use these technologies to monitor the Site and to analyze how you use the Site. We may place cookies that allow us to measure the time of your requests to our servers and our responses, to test new features, to record statistics about usage, to track your activities on the Site, and to track the places from which you come to the Site. We may also use third party cookies to collect information about behavior on the Site for these Performance/Analytics purposes.
Functionality We use these technologies to allow us to provide certain functionality on the Site and to remember your preferences. For instance, cookies allow us to track your order history and returns and to auto-populate shipping and billing addresses. If you disable or delete cookies, you may not be able to use some functions of the Site.
Advertising (including behavioral/interest based advertising) In the future, we may use these technologies to deliver focused online banner advertisements to you both on and off the Site. By using these technologies, we hope to better tailor these advertisements to your interests. Sometimes this is called online behavioral, interest based, or retargeted advertising. Many of the third party technologies that enable this advertising participate in voluntary frameworks that allow you to opt out of it.
Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among other. You can control your preferences directly with each such third party service provider.
5. Does anybody else use these technologies on your services?
Most of the cookies and other technologies described above on the Site are set by us (aka first-party cookies) or are used in connection with the Site and set by third-party service providers at our direction (“Third-Party Cookies”). We may use Third-Party Cookies with respect to each of the uses set forth above.
DATA PRIVACY NOTICE FOR RESIDENTS OF THE EUROPEAN UNION
1. Your personal data – what is it?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession, or likely to come into such possession. The processing of personal data for residents of the European Union (“EU”) is governed by the General Data Protection Regulation (the “GDPR”).
2. Who are we?
Acme is a data controller of certain personal data. This means it decides how your personal data is processed and for what purposes.
3. How do we process your personal data?
Acme complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.
We use your personal data for the following purposes:
- To maintain our own accounts and records; and
- To inform you of news, events, activities and services provided by Acme.
4. What is the legal basis for processing your personal data?
Explicit consent of the data subject so that we can keep you informed about news, events, activities and services.
5. Sharing your personal data
Your personal data will be treated as strictly confidential and will only be shared with other entities for the foregoing purposes. We will only share your data with third parties with your consent.
6. How long do we keep your personal data?
We keep data for up to eight years from the date that we acquire such data.
7. Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of your personal data which Acme holds about you;
- The right to request that Acme correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary for Acme to retain such data;
- The right to withdraw your consent to the processing at any time;
- The right to request that Acme provide you with your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability), where applicable;
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data, where applicable; and
- The right to lodge a complaint with the Information Commissioners Office.
8. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Whenever necessary, we will seek your prior consent to the new processing.
9. Contact Details
To exercise all relevant rights, or for more information, please contact Acme at (847) 428-3911 or [email protected]
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.