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PRIVACY POLICY

Effective  November 2011

Clarke Power Generation, Inc. ("Clarke") respects the privacy of visitors to our website. We provide this explanation about our online information practices, our "Privacy Policy," to demonstrate our commitment to protect your privacy.  We reserve the right to update the Privacy Policy at any time, without notice.  We encourage you to visit this page periodically and review the then current terms.

This Privacy Policy discloses the current privacy practices of Clarke and by using our Web site, you signify your assent to this Privacy Policy and consent to the collection and use of this information in the manner described.

If you have any questions or concerns regarding this Privacy Policy, you should contact us at [INSERT EMAIL OR PHONE NUMBER].

The Information We Collect

We may collect and store personally identifiable information, such as your name, e-mail address and phone number to respond to questions, and to process or fill orders or requests. We may use this information to provide goods and services that you request and to let you know of additional goods and services about which you might be interested. We also use this information to customize your experience using our Web site.  We may ask you for personally-identifying information at other times, such as if and when you communicate with us.

In addition, we may automatically gather general statistical information about our Web site and visitors, such as IP addresses, browsers, pages viewed, number of visitors, goods and services purchased and the like, but in doing so we do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of our site so we can improve our site. We may provide this statistical information to third parties, but when we do so we do not provide personally-identifying information without your permission.

As part of our service, we may use "cookies" to store and, at times, track information about you. A "cookie" is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. Generally, we may use cookies to remind us who you are; gather statistical information about site usage, research visiting patterns, and help target advertisements based on user interests; assist our business partners track visits and process orders; and track progress and participation in promotions. In some instances, partners and advertisers that may from time to time appear at our site may use their own cookies. [A1] Preference and options configurations in your browser determine if and how a cookie will be accepted. You can change those configurations on your computer if you desire. Please consult your specific browser instructions to learn more about these features.  By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to reenter your information more often and certain features of our site may be unavailable.

The Way We Use and Disclose Information

We do not sell or rent personally-identifying information collected during your use of our Web site without your permission. We may, however, transfer your information in the event that we transfer ownership of all or a significant part of Clarke's stock, assets or business.

We may use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services.

We may use your information to deliver information to you that, in some cases, is targeted to your interests We may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our service for you.

We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of the site.  If you do not wish to receive these communications, please contact us as indicated above in this Policy.  We may also use or disclose information to resolve disputes, investigate problems, or enforce our Terms of Use or purchase agreements. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.

We may use your IP address to help diagnose problems with our server, to manage our Web site and to enhance our site based on the usage pattern data we receive.  Clarke reserves the right to transfer any information we have about you in the event we sell or transfer all or a portion of business or assets to a third party.

Security

We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information.

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.


 [A1]This language applies only if third parties actually interact with the site as described

 

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

 

Welcome to our Web site (the "Site"). The site is owned by Clarke Power Generation, Inc. ("Clarke ")  Use of this Site is conditioned upon your acceptance of the terms and conditions below (the "Terms of Use"). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, so you should review them for changes periodically. Use of the Web site after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.

1. Scope of Use

This Site is provided by Clarke.  All software and content included on this site, such as text, images, and logos, is the owned or licensed property of Clarke, its licensors or content suppliers and protected by United States and other national copyright laws.  Clarke grants you permission to view and use the content made available to you on the Site in connection with your use of the Site.  You are permitted to download one copy of the materials contained on this Site for your own personal, non-commercial and transitory viewing.  Otherwise, no material from this Site or any other web site owned, operated, licensed, or controlled by Clarke or any of its affiliates may be copied, reproduced, republished, uploaded, displayed posted, transmitted, or distributed in any way.  Modification of the materials or use of the materials for any other purpose is a violation of Clarke’s copyright and other proprietary rights.  Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by Clarke or its affiliates and are not licensed hereunder.  You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site.

 

2. Privacy Policy

Any information you give us will be stored and used in accordance with Clarke's Website Privacy Policy [ADD LINK TO PRIVACY POLICY].  By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

 

3. Disclaimer

THIS SITE AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLARKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLARKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

 

CLARKE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THIS SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND CLARKE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.          

 

4. Limitation of Liability

CLARKE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN  CONNECTION WITH THIS SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF CLARKE, AN AFFILIATE OF CLARKE, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLARKE 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO CLARKE, IF ANY, FOR ACCESSING THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

5. Indemnity

If you are accessing the Site in the course of a business, you agree to indemnify Clarke and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

 

6. Changes and Modifications

Clarke, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time.  Changes in these Terms of Use will be effective when such change is posted.  Any use of the Site after such posting shall be deemed to constitute acceptance of such changes, modifications, or revisions.  Clarke may modify its services at any time. 

 

Clarke may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time.  Clarke may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.  Clarke may terminate the authorization, rights and license given to you, as provided herein, at any time.

 

8. Third-Party Sites and External Linking to the Site

On the Site Clarke may provide links to web sites operated by other entities as a convenience to Site users. If you use these site links, you will leave Clarke's Site. Clarke makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon.  Clarke disclaims all liability with regard to your access to such linked web sites.

 

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

 

•  you do not remove, distort or otherwise alter the size or appearance of the Clarke logo or any other Clarke trademark or service mark;

•  you do not create a frame or any other browser or border environment around this Site;

•  you do not in any way imply that Clarke is endorsing any products or services other than its own;

•  you do not misrepresent your relationship with Clarke nor present any other false information about Clarke;

•  you do not otherwise use any Clarke trademarks displayed on this Site without express written permission from Clarke;

•  you do not link from a website that is not owned by you; and

•  your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

Clarke expressly reserves the right to revoke the right granted in this section for breach of these terms and to take any action it deems appropriate.  You agree to indemnify Clarke for any loss or damage suffered by Clarke for breach of this section.

 


9. Trademark and Copyright Information

All trademarks and service marks displayed on this site are marks of Clarke or one or more of its affiliates and may not be used in connection with any product or service that is not Clarke's or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clarke. All trademarks and copyrights, unless otherwise noted, are owned or licensed by the Clarke and its affiliates. All other brand names, product names, or trademarks belong to their respective holders. 

 

10. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Ohio (one of the United States of America) for resolution of all disputes arising from, concerning, or related to these Terms of Use and/or your use of the Site.  Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

 

11. Local Laws

This Site is operated from or through one or more Clarke or third-party facilities.   Clarke makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws.  In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Clarke has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction.  Any use in contravention of this provision or any provision of this agreement is at your own risk, and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the agreement as so modified shall govern such use.

 

12. General Terms

 

These Terms of Use, the Privacy Policy, and any terms of sale constitute the entire agreement between you and Clarke with respect to this Site.  No modification to this agreement shall be effective unless it is executed by Clarke.  Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.  A printed version of this agreement or any notice given by Clarke in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Clarke in printed form.

 

These Terms of Use are effective as of November 2011.