Privacy Policy
PLEASE READ Privacy Policy BEFORE USING THIS WEBSITE.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to houghwerks.com. However, certain non-personal information is recorded by the standard operation of Hough Werks internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
Hough Werks various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and date of birth, phone numbers, payment information and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by Hough Werks only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of Hough Werks website. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
Hough Werks may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Hough Werks rights or property, other users of the Site, or anyone else that could be harmed by such activities. Hough Werks may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Use of Cookies: Cookies are pieces of information that a website transfers to an individualʼs computer hard drive for record keeping purposes. Cookies make using our site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the site may not function properly or may be considerably slower.
Malware/Spyware/Viruses: Neither Hough Werks nor houghwerks.com knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites: Hough Werks is not responsible for the content or practices of third party websites that may be linked to houghwerks.com. Hough Werks is also not responsible for any information that you might share with such linked websites. You should refer to each websiteʼs respective privacy policy and practices prior to disclosing any information.
Forum Areas: Members of the Crescive Growers Group at houghwerks.com are solely responsible for the content of messages they post on the Growers Group forums. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the forum, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: HoughWerks.com may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from Hough Werks which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at info@houghwerks.com, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Hough Werks has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at info@houghwerks.com with the words “California Privacy” in the subject line of your email.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:
Via email: info@houghwerks.com
Hough Werks LLC
Information provided by you via general e-mail inquiries to the Hough Werks such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
Security/How Your Personally Identifiable Information Is Protected:
Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Hough Werks cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Hough Werks, you accept that you do so at your own risk.
Your Acceptance of These Terms: By using Hough Werks, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use houghwerks.com. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Hough Werks, LLC (houghwerks.com) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing houghwerks.com, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and houghwerks.com are superseded and of no force or effect:
1. You agree that houghwerks.com itself, as well as all content, videos, training materials, products, services and/or other materials, made available on houghwerks.com by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Hough Werks, LLC and are the property of the Hough Werks, LLC and/or its third party providers. You agree that such Hough Werks LLC Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in houghwerks.com, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Hough Werks, LLC hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use houghwerks.com solely for your personal purposes. No Hough Werks LLC Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Hough Werks LLC. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Hough Werks LLC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of houghwerks.com or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Hough Werks LLC
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in houghwerks.com, are copyrighted unless otherwise noted and are the property of Hough Werks LLC. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Hough Werks LLC Content and contained in houghwerks.com are either the property of, or used with permission by, Hough Werks LLC. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Hough Werks and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in houghwerks.com shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Hough Werks LLC or third party owner. Hough Werks respects the copyright, trademark and all other intellectual property rights of others. Hough Werks has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyʼs intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on houghwerks.com or in any Content in any way, you may notify Hough Werks at info@houghwerks.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While Hough Werks uses reasonable efforts to include accurate and up-to-date information in houghwerks.com, Hough Werks makes no warranties or representations as to its accuracy. Hough Werks assumes no liability or responsibility for any errors or omissions in the content of houghwerks.com.
5. When you register with Hough Werks and/or houghwerks.com, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Hough Werks. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about houghwerks.com to Hough Werks, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Hough Werks. No submission shall be subject to any obligation of confidence on the part of Hough Werks. Hough Werks shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. Hough Werks shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using houghwerks.com. Use of houghwerks.com is completely at your own risk.
8. Hough Werks will not intentionally disclose any personally identifying information about you to third parties, except where Hough Werks, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using houghwerks.com, you signify your acceptance of Hough Werks Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use houghwerks.com.
9. Neither Hough Werks, nor any other party involved in creating, producing, or maintaining the site and/or content on the site shall be liable under any circumstances for any direct, incidental , consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Hough Werks does not warrant or make any representations regarding the use of the materials in houghwerks.com, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. Hough Werks does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that houghwerks.com, the content, and/or the materials available on houghwerks.com are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Hough Werks shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. Hough Werks shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). Any such problems shall be governed solely by the agreement between you and that provider. Hough Werks reserves the right to determine, in its sole discretion, whether Hough Werks is responsible for any such malfunction or disruption. Hough Werks also reserves the right to limit your use of the site and/or the content or to terminate your account should Hough Werks determine that you have violated these terms of use, or that you have violated any other rules or conditions of Hough Werks. Hough Werks reserves the right to refuse access to houghwerks.com and/or Hough Werks content, products, and/or services to anyone in its sole discretion. Hough Werks reserves the right to determine, in its sole discretion, whether Hough Werks is responsible for any such malfunction or disruption. Hough Werks may, in its sole discretion, refund the initial fee charged for any use of houghwerks.com and/or any content or a pro-rated portion thereof consistent with Hough Werks refund policy. Hough Werks shall refuse any refund thirty (30) days after your payment for use of houghwerks.com and/or any content, either pursuant to Hough Werks customer license agreement or otherwise regardless of reason for disruption.
11. In no event shall Hough Werks be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in houghwerks.com, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto regardless of theory of liability. This limitation will apply even if Hough Werks has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold Hough Werks and each of its agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorneyʼs fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of houghwerks.com or any services that Hough Werks may provide via houghwerks.com, and (v) your conduct in connection with houghwerks.com or the services or with other users of houghwerks.com or the services. Hough Werks reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Hough Werks with such cooperation as is reasonably requested by Hough Werks.
13. The provisions of these Terms of Use are for the benefit of Hough Werks, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Williamson County, Tennessee. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review therein current Terms of Use to which you are bound.