Bobrick Washroom Equipment, Inc. and its parent, subsidiaries and affiliates, and their respective directors, officers, employees and agents (collectively, “Bobrick”) are concerned with the privacy considerations of the visitors to and users of its web site, and here wishes to describe its policy and practices with regard to the same.
Bobrick’s web server automatically recognizes only each visitor’s domain name, but not the visitor’s individual e-mail address. Bobrick collects the individual e-mail address of each visitor to its web site only when the visitor voluntarily provides the same, as when a visitor participates in survey information, and/or elects to identify its site/register itself with Bobrick. Whether a visitor is identified only by its domain name, or is specifically identified by its individual e-mail address, Bobrick in each instance collects information as to which pages on its web site (or which are made available through links provided on its web site) are accessed or visited, and also collects any information which is voluntarily provided by a visitor to Bobrick.
Bobrick uses “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is linked to any personally identifiable information on our site, only when the user has voluntarily submitted that information.
The information which Bobrick collects (or “aggregates”) is used by Bobrick (i) to improve the content and/or layout of Bobrick’s web site pages for each individual visitor, (ii) to notify visitors who have identified themselves to and/or registered with Bobrick as to future updates to Bobrick’s web site, and (iii) to contact visitors to Bobrick’s web site for Bobrick’s marketing services. The information collected by Bobrick for these purposes is not shared by Bobrick with any other organizations for direct marketing purposes.
While Bobrick chooses its links to other web sites carefully, it does so solely as a matter of convenience to its visitors and/or customers, and Bobrick cannot take any responsibility for the content of any such linked web sites, or for the privacy policies of any such linked web sites. (In this regard, we refer you to Bobrick’s “Legal Statement” notice, which is set forth below and which we request that you read.)
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
In addition to the foregoing, Bobrick draws to your attention the fact that so-called “identity theft” (either through information illegally obtained by direct and unauthorized entry (so-called “hacking”) into an information technology (“IT”) system, or indirectly obtained by secondary methods) is one of the fastest-growing crime problems in California and in the United States. Bobrick has carefully implemented IT system security measures, consistent with those followed in its industry, to assist in safeguarding against this problem. Bobrick cannot, however, take any responsibility for any such unauthorized entry into its IT system, or for any such unauthorized and indirect obtaining of information by secondary methods. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOBRICK DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO BOBRICK’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.
In this regard, and solely as a convenience to you, we direct you to the fact that, in the event of any so-called “identity theft,” remedies may be available to you under certain bodies of law, including, without limitation, the following: (i) the Federal Computer Fraud and Abuse Act (18 U.S.C. Section 1030), (ii) the Federal Electronic Communications Privacy Act (18 U.S.C. Section 2701), and (iii) the California Computer Data Access and Fraud Act (Cal. Penal Code Section 502). We urge you, in any such event, to consult with your own legal counsel.
Please read our below “Legal Statement” notice.
(Note: the use of and access to the information on Bobrick’s web site is subject to the terms and conditions set out in our below “Legal Statement” notice. Prior to proceeding further, therefore, please read our below “Legal Statement” notice.)
This Web Site and its contents, unless otherwise indicated, are the sole property of Bobrick and/or its subsidiaries, and are protected, without limitation, to the fullest extent under both U.S. and foreign copyright and trademark laws.
BOBRICK MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS (WHETHER SUCH CONTENTS APPEAR ON THIS WEB SITE DIRECTLY, OR ARE INDIRECTLY MADE AVAILABLE TO THE USER OF THIS WEB SITE THROUGH PROVIDED LINKS TO OTHER SITES), AND THIS WEB SITE AND ITS CONTENTS ARE EXPRESSLY PROVIDED TO THE USER ON AN “AS IS – WHERE IS” BASIS. BOBRICK SIMILARLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THIS WEB SITE, ITS CONTENTS, AND ANY WEB SITE OR ITS CONTENTS WITH WHICH IT IS LINKED. BOBRICK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION AND/OR DATA AND CONTENT ACCESSIBLE VIA THIS WEB SITE, OR ACCESSIBLE VIA ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. ALL PRICE INFORMATION, WHETHER PROVIDED BY THIS WEB SITE, OR BY ANY OTHER WEB SITE WITH WHICH IT IS LINKED, IS SUBJECT TO CHANGE WITHOUT NOTICE.
Bobrick’s web site includes, among other items, product information, and representative listings (with links being provided to the web sites of certain of the said representatives, where permission has been granted by them for Bobrick to display such links), as well as links (in the “Traffic” section) to certain shipping company web sites. The statements, limitations, and disclaimers made in the first two paragraphs of this Legal Statement expressly, and without limitation, apply to the same.
BOBRICK IS PROVIDING THE USE OF ITS WEBSITE ONLY AS A CONVENIENCE TO YOU, AND YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE BOBRICK WEB SITE, THAT ANY USE OF OR RELIANCE BY YOU UPON THE SITE IS UNDERTAKEN BY YOU AT YOUR OWN RISK. NEITHER BOBRICK NOR ANY OF ITS SUPPLIERS, OR CONTRACTORS SHALL BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES OR EVENT, FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF USE, LOSS OF DATA, LOSS OF ACCESS, LOSS OF INCOME OR PROFIT, OR LOSS OF OR DAMAGE TO PROPERTY), OR FOR ANY CLAIMS OF THIRD PARTIES, OR FOR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF BOBRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR ANY WEB SITE WITH WHICH IT IS LINKED.
As noted, the links provided on this web site will allow you to leave Bobrick’s web site and to connect to web sites which are not under the control of Bobrick. Also as noted, Bobrick makes no representations or warranties, either express or implied, concerning the content contained in or provided by such other web sites, nor does Bobrick in any manner endorse any of these other web sites. Bobrick is providing these links to other web sites only as a convenience to you, and you acknowledge and agree, by your use of the Bobrick web site, that any use of or reliance by you upon the said other web sites is undertaken by you at your own risk. Bobrick has not tested any software found on these other web sites, and therefore cannot and does not make any representations and warranties, either express or implied, regarding the quality, safety (including, without limitation, the presence of any so-called “viruses,” “worms,” “trojan horses” or the like) or the suitability of any software found there. There are inherent dangers in the use of any software found on the internet, and Bobrick cautions you to make sure that you completely understand the risks involved before retrieving any such software on the internet.
You agree to defend, indemnify and hold harmless Bobrick from and against all claims and expenses, including reasonable attorneys’ fees, arising out of your use of Bobrick’s website. Bobrick reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Bobrick with such cooperation as is reasonably requested by Bobrick.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Bobrick website, and/or the provision of content, services, and/or technology on or through the site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all claims.
Bobrick may modify these terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
This Privacy Statement and Legal Statement and any operating rules for the site established by Bobrick constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of the Privacy Statement and Legal Statement are for the benefit of Bobrick 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.