The Site is owned or controlled by Peco. By accessing, using, downloading, commenting or browsing on or from the Site, you agree to be bound by this Agreement. Peco reserves the right to amend or modify this Agreement, and any modifications will be effective from the date of posting of such amendments or modifications on the Site. By continuing to use the Site after any modification, you consent to such changes.
The Site and all of its contents, including images and text are owned and copyrighted by Peco. Any service marks, trademarks, logos, or tag lines, both registered and unregistered are owned by Peco. Use of any of these marks or copyrights without the written permission of Peco is strictly prohibited. You agree not to download, display or use any graphics, photographs, text, trademarks, logos, product and program names, or slogans located on the Site in connection with products or services that are not those of Peco or in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Peco’s property, or that otherwise infringes Peco’s intellectual property rights. You further agree to in no other way misuse any materials that appear on this Site.
THIS SITE IS NOT INTENDED FOR CHILDREN
The Site is intended for users who are thirteen (13) years of age and older. Peco does not knowingly collect personal information from children under thirteen (13) years of age. If Peco learns that a child under thirteen (13) years of age has submitted personal information to Peco, Peco will delete such personal information as soon as possible.
In the event you elect to register on the Site by submitting your name, user name, password and/or email address, you warrant and represent that you are over thirteen (13) years of age. If you are at least thirteen (13) years of age but under eighteen (18) years of age and in the event you elect to register on the Site by submitting your name, user name, password and/or email address, you warrant and represent you have been given consent to do so by your parent or legal guardian, and that you are fully competent to enter into the terms of this Agreement. If you have not been given such permission, leave the Site now.
USE OF THE SITE/USER CONTENT
You will not use the Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, or threatening. You are solely responsible for your use of the Site and the content provided or accessed by you on the Site, including the consequences of such use. In addition, it is your sole responsibility to ensure the confidentiality of your name, user name, password and/or email address. You further agree to accept responsibility for any actions taken under your name, user name, password and/or email address, and you understand that Peco may use or rely upon any action taken under your name, user name, password and/or email address. Peco shall not be liable to you or any third party for any actions arising out of or resulting from any unauthorized use of your name, user name, password and/or email address, or any action or failure to act by Peco under this provision.
You grant Peco a royalty-free license and right to use, modify, adapt, reproduce, republish, distribute, or display any information, including, but not limited to, content, comments, postings, materials, ideas, tips, or suggestions provided by you, whether by email, comment or post, in its sole discretion and without compensation to you. You further grant Peco the right to use your name in connection with such above-described uses. You agree that this license includes the right for Peco to make any such content available to other third parties for their broadcast, publication, distribution or use.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Peco is under no obligation to monitor the content of the Site or any other information transmitted to the Site. Peco does not guarantee, endorse or advocate the statements, personal views or content of any content uploaded by users, regardless of the originator of such content. Moreover, Peco assumes no responsibility for any content on the Site that may be considered to violate applicable trademark and copyright laws; to constitute lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal or otherwise inappropriate or objectionable comments, postings, materials or other content; or to violate any applicable state or federal laws. Peco assumes no responsibility for any content on the Site that a third party could otherwise rely upon to their detriment. Nevertheless, Peco reserves the right to exercise its sole discretion to: (a) limit or terminate your access or ability to post comments or other content to the Site, and (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all. Peco shall not be responsible for any delay or failure to remove or otherwise edit materials posted by users to the Site. Further, Peco reserves the right to take any action it deems necessary, in its sole judgment and discretion, to enforce this Agreement or any other agreement you may have with Peco. You agree and understand that you shall bear the risk of any content supplied by you and that Peco shall not be liable or otherwise responsible for same.
THE SITE IS PROVIDED TO YOU "AS IS." PECO DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SITE AND ANY MATERIAL OR CONTENT UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PECO FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER THE SITE OPERATES PROPERLY OR IN CONJUNCTION WITH YOUR DEVICE AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. PECO FURTHER DISCLAIMS ANY WARRANTY THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. PECO MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
PECO SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF THE SITE, CONTENT ON THE SITE OR ACCESSIBLE THROUGH THE SITE, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER PECO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY PECO'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. PECO MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to indemnify, defend and hold harmless Peco, its shareholders, and each of its employees, directors, officers, agents, business partners, subsidiaries, affiliates, contractors, and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising out of, or related to, any breach by you of any term of this Agreement or applicable law or arising out of, or related to, your use of the Site, including, but not limited to, due to any posting of comments, materials or other content by you.
ARBITRATION; NO CLASS ACTION
YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND PECO, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE GOODS OR SERVICES PROVIDED, INCLUDING ACCESS AND/OR USE OF THE SITE, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY PECO, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE SITE. SUCH ARBITRATION SHALL BE HELD AT A LOCATION IN THE TUSCALOOSA, ALABAMA AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND PECO AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATOR(S), WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS' FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE CAPACITY. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT OF POCKET COSTS INCURRED, IF ANY.
CHOICE OF LAW
This Agreement and your use of the Site shall be governed by and construed in accordance with the substantive laws of the State of Alabama, without regard to the principles of conflicts of law thereof.
ACCEPTABLE USE POLICY
You agree that your use of the Site will not violate the Acceptable Use Policy as set forth below, or any other terms or agreement you have with Peco. Peco reserves the right to exercise its sole discretion to: (a) limit or terminate your access or ability to post comments or other content to the Site, and/or (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all, including but not limited to the following actions by you:
- Violation of applicable trademark and copyright laws;
- Lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal, deceptive, fraudulent or otherwise inappropriate or objectionable comments, postings, materials or other content;
- Attempts to promote, advertise or solicit;
- Attempts to tamper, interfere or disrupt the Site in any manner;
- Attempts to reproduce or duplicate the Site or any content thereof; and
- Violation of any applicable state or federal laws.
INFORMATION COLLECTION AND USE
The type of personal information collected by Peco will vary with your use of the Site. Peco may collect the following personal information from you:
- Information Peco receives from users. If you are a customer of Peco, Peco collects certain information such as your name, address, email address, mobile number, and date of birth, as well as location information and other information used to provide goods and services to you. When you make a purchase, Peco will additionally collect your payment card information and your billing and mailing addresses. Peco collects information related to a user’s use of its Site. Peco may collect personal information at other times, including, but not limited to, when you report a problem with our Site, submit personal information to a message or interactive communication area of the Site, complete survey forms, enter into a transaction through the Site, request a coupon, respond to requests for information or content, and when you request to receive communications from Peco. Peco also may collect additional information when you give Peco permission to do so.
- Information you provide through of your use of Peco’s Site. When you use the Site, Peco collects information concerning your use of the Site. Peco also automatically collects general log data information, like your IP address; the date and time of access and the Web page(s) accessed; information about your computer, browser, or operating system; your interactions with the Site; and your geographic region. If Peco seeks to collect any additional Site-related information from you, Peco will inform you in the terms and conditions prior to your agreement, and provide you the ability to opt-out of Peco’s collection and use of such information.
- Information you provide through employment submissions. When you apply for employment with Peco using the Site, Peco may ask for your personal information, including copies of your resume or CV, and any other information required to verify your qualifications. Peco will collect any information you provide in your application, including, but not limited to, your educational background, employment history, and references. Peco shall retain such information only for the purposes of evaluating applications/requests for employment. Information provided pursuant to such applications shall only be retained by Peco for personnel purposes.
- Information you choose to provide. At times, Peco may offer you an opportunity to provide additional information. If you choose to do so, you may choose to complete a profile, answer a survey and/or provide us additional information regarding your interests and preferences. You may also choose to interact with Peco on social media and provide information via such interaction.
Most areas of the Site are informational and publicly available without providing any personal information, although Peco will still collect technical information automatically.
Peco does not design its Site to attract, nor does it knowingly collect personal information from anyone under thirteen (13) years of age.
Peco uses information it collects to:
- Operate and improve Peco’s business, Site, goods and services, and marketing efforts;
- Identify and communicate with potential employees;
- Send you news and information regarding Peco’s goods and services;
- Respond to customer service issues;
- Provide recommendations;
- Respond to questions, concerns, and requests;
- Protect our company and our customers; and
- Conduct research and analysis.
Peco uses information as otherwise permitted by law or as we may notify you.
- Peco will share information within the Peco Foods family of companies.
- Service Providers. Peco may provide your personal information to companies that provide services to help Peco with its business activities such as offering customer service and analysis, providing and administering Peco’s Site, and/or facilitating the collection and use of resumes and personal information provided through the Site's "Career" area. These service providers are authorized to use your personal information only as necessary to provide these services to Peco.
- Legal Disclaimer. In certain situations, Peco may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Peco may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process or when Peco believes in good faith that disclosure is necessary to protect Peco’s rights, protect its safety, or the safety of others, investigate fraud or respond to government request. In the event of a business transaction, such as a merger or acquisition by another company or the sale of all or a portion of Peco’s assets, including in bankruptcy, the personal information collected by Peco may be among the assets transferred. You will be notified of any such change in ownership or uses of your personal information, as well as any choices you have regarding your personal information.
- Peco may share your personal information with your consent or as otherwise disclosed to you at the time of data collection or sharing.
- Peco may share technical information, as well as aggregated or deidentified information, without limitation including for advertising purposes.
USER ACCESS AND CHOICE
Upon request, Peco will provide you with information about whether Peco holds any of your personal information. You may access, correct or request that Peco stop collection of and/or delete certain information you provide to Peco through the Site by your individual notification to us by sending an email with such request to firstname.lastname@example.org. Peco will respond to your request within a reasonable timeframe.
In certain circumstances Peco may be required by law to retain your personal information.
Peco may periodically contact you regarding promotions, inquiries, or offers via email, SMS text message and regular mail. Peco may also periodically contact you regarding other matters relevant to employment or potential customers. You may opt out of receiving communications from Peco at any time by contacting Peco at email@example.com, following the “unsubscribe” instructions contained within emails you receive, or by sending STOP in reply to a text.
Peco takes precautions to protect your personal information against unauthorized disclosure, theft and misuse. Peco follows generally accepted standards to protect the personal information submitted to it, both during transmission and once Peco receives it. However, no method of transmission over the Internet or method of electronic storage, is 100% secure. Therefore, Peco cannot guarantee absolute security or confidentiality.
ACCEPTANCE OF THESE TERMS
Peco assumes no responsibility for reviewing unsolicited ideas for Peco’s business (such as product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Peco materials. Also, please remember that you are responsible for any material you submit. You, not Peco, have full responsibility for the message, including its reliability, originality, and any copyright infringement. Any and all rights to materials and ideas submitted to Peco become the exclusive property of Peco.
If you have any questions or if you would like to discuss the privacy policies and practices of Peco, you may contact us by phone, email or regular mail at the address set forth below:
If you have questions or would like to discuss the privacy policies and practices of Peco, you may contact Peco by email to firstname.lastname@example.org, by mail to P.O. Box 1760, Tuscaloosa, Alabama, 35401, or by calling (205) 345-4711. When contacting Peco, please be sure to provide your exact e-mail address, name, address, and/or telephone number(s) in order to be sure Peco properly handles your request.