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.
Malware/Spyware/Viruses: Neither Hough Werks nor houghwerks.com knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
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 firstname.lastname@example.org, 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 email@example.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: firstname.lastname@example.org
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.
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.
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.
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.
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.