Website Terms and Conditions of Use and Privacy Policy
The Budd Group, Inc. provides this web site (the “Site”) for your use subject to these Terms and Conditions of Use and Privacy Policy (this “Agreement”). The Site is owned and operated by The Budd Group and is governed by this Agreement. By accessing or using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, please do not use the Site.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access or use the Site.
The Budd Group reserves the right, in its sole discretion, to change, modify, move, add or remove portions of this Agreement, at any time without prior notice to you. If The Budd Group makes such changes, we will post those changes on this Site, and they will be effective immediately. You should review this Agreement from time to time for possible changes. Your continued use of the Site following any such changes will constitute your acceptance and agreement to be bound by such changes. As long as you comply with this Agreement, The Budd Group grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Site Materials
The Site and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, graphics, artwork, images and computer code (collectively, the "Site Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Site Materials, contained on the Site are owned, controlled or licensed by or to The Budd Group, unless otherwise indicated, and are protected by copyright, trademark, trade dress and patent laws, and various other intellectual property rights and unfair competition laws. In its sole discretion, The Budd Group or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law.
Your Use of the Site
The Site is provided for your personal and non-commercial use, and you may use the Site and Site Materials solely for your personal and non-commercial use. This authorization is not a transfer of title or a license in or to the Site Materials, or in or to any intellectual property therein. No part of the Site and no Site Materials may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without The Budd Group's express prior written consent. Any reproduction of this Site or the Site Materials for commercial purposes or for distribution to other persons is a violation of United States copyright law and may subject you to civil and criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. You must retain and display all copyright, trademark, or other proprietary notices (i.e., ©, ®, TM and SM) on any Site Materials that you download from the Site. The Budd Group reserves all right, title, and interest, including any and all intellectual property and other proprietary rights, in any Site Materials that you download from the Site.
Submissions
This Agreement does not apply to personal information supplied by you through the Site, such as your name, address, email address, telephone number and similar information. Please refer to the Privacy Policy below for information regarding The Budd Group's treatment of personal information.
By submitting, disclosing, or offering any comments, feedback, suggestions, ideas, or other information or material (each a “Submission”) to The Budd Group, either online or offline and whether or not solicited by The Budd Group, you hereby grant to The Budd Group an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute, and otherwise commercially and non-commercially exploit your Submission in any manner, without compensation of any kind to you or any third party. You represent and warrant that you own all right, title, and interest in any Submission that you submit to The Budd Group. Any Submission sent to this Site is and will be treated as non-confidential and non-proprietary. The Budd Group may alter or edit a Submission as it deems appropriate. By submitting, disclosing, or offering a Submission, you hereby grant The Budd Group the right to use your name or username in connection with the publication, use or posting of your Submission.
Submissions that are submitted to other programs or web sites owned or operated by The Budd Group may be subject to additional terms and conditions of use and/or additional agreements ("Other Agreements"). Nothing in this Agreement limits the scope or application of the Other Agreements, and the Other Agreements are hereby incorporated by reference.
Inappropriate Materials
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or to upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. In addition to any remedies that The Budd Group may have at law or in equity, if The Budd Group reasonably determines that you have violated or are likely to violate the foregoing prohibitions, The Budd Group may take any action it reasonably deems necessary to cure or prevent the violation.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of The Budd Group, its affiliates, and/or its licensors. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the express written permission of The Budd Group or such third party owner.
Confidential Information
The Budd Group does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to The Budd Group will be deemed not to be confidential. By sending The Budd Group any information or material, you grant The Budd Group an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that The Budd Group is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally-identifiable information that you submit to The Budd Group for the purpose of receiving information or services will be handled in accordance with our privacy policies. Please refer to the Privacy Policy below for information regarding The Budd Group's treatment of personal information.
International Users
This Site is controlled and operated by The Budd Group from its offices in North Carolina. The Budd Group makes no representation that this Site, the Site Materials, and/or the products featured on the Site are appropriate or available in other countries or territories, and access to the Site or Site Materials from such countries or territories where such use or access is illegal is prohibited. Those who choose to access this Site from other countries and territories do so at their own initiative and risk, and are responsible for compliance with applicable local laws. You may not use or export the Site or the Site Materials in violation of any U.S. export law or regulation.
Operation of the Site
The Budd Group reserves the right to modify, suspend, interrupt or terminate operation of or access to the Site, the Site Materials, or any portion thereof, at any time without notice for any reason, including, but not limited to, to perform routine or non-routine maintenance, error correction, or other changes.
Links to Other Sites
This Site may contain links to other independent third party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. The Budd Group does not control these Linked Sites, and you access them solely at your own risk. The Budd Group also does not endorse or approve any information or products offered at the Linked Sites, and The Budd Group specifically disclaims any and all responsibility or liability arising out of your use of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Linking to this Site
Creating or maintaining any link from another web site to any page on this Site without The Budd Group's prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another web site without The Budd Group's prior written permission is also prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
Disclaimers
THE SITE AND ALL SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE BUDD GROUP SHALL NOT BE LIABLE FOR ANY INACCURACIES OR ERRORS IN THE SITE MATERIALS. THE BUDD GROUP MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND THE BUDD GROUP SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. THE BUDD GROUP CANNOT ENSURE THAT ANY SITE MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES AND THE BUDD GROUP SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY VIRUSES. THE BUDD GROUP HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTIES, WITH RESPECT TO THE SITE OR THE SITE MATERIALS.
Limitation of Liability
USE OF THE SITE AND THE SITE MATERIALS IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE BUDD GROUP BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE MATERIALS, OR THE USE OR THE INABILITY TO USE THE SAME, INCLUDING ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF THE BUDD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. YOUR SOLE REMEDY AGAINST THE BUDD GROUP FOR DISSATISFACTION WITH THE SITE OR ANY SITE MATERIALS IS TO STOP USING THE SITE OR ANY SUCH SITE MATERIALS.
Choice of Law and Jurisdiction
This Agreement shall be governed by the laws of the State of North Carolina, without regard to any conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of the Federal and State courts located in the State of North Carolina in connection with any and all suits, actions or other proceedings arising out of or in connection with this Site or this Agreement. Any claim or cause of action you may have arising out of or in connection with this Site or this Agreement must be commenced within one (1) year after such claim or cause of action arises.
Waiver
No claim or right of The Budd Group arising out of a breach of this Agreement shall be discharged in whole or in part except in writing. No delay by The Budd Group in exercising any right hereunder shall operate as a waiver or renunciation thereof, nor preclude any further exercise thereof or the exercise of any other such right.
Severability
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. The Budd Group also may terminate this Agreement at any time and may do so immediately, without notice, with or without cause, and accordingly deny you access to the Site, if, in The Budd Group's sole discretion, you fail to comply with any term or condition of this Agreement.
Privacy Policy
The Budd Group has developed and implemented this Privacy Policy to address your concerns about how your personal information is collected, maintained and used by The Budd Group. This Privacy Policy sets forth the type of information collected via the Site and how such information is collected, maintained, protected and used by The Budd Group. We encourage you to read this Privacy Policy before you submit any personal information on our Site. Please also review our Privacy Policy from time to time as we may update or change this Privacy Policy at any time for any reason without notice to you. Your use of this Site will be deemed to constitute your agreement to and acceptance of all of the terms of this Privacy Policy. If you do not agree with any term of this Privacy Policy, please do not use this Site or submit any personal information. This Privacy Policy supersedes all previous policies concerning The Budd Group’s collection, maintenance or use of personal information collected via the Site.
Types of Information Collected
We do not ask you to provide any personal information simply to browse our Site. If you wish, however, to participate in some of the interactive services the Site may offer, such as responding to employment listings or receiving news updates, you may be required to provide certain personal information. Personal information (as used in this Privacy Policy) means any information that can be used to personally identify you or contact you online or offline. For example, this information may include your name, mailing address, IP address, email address, or phone number (“personally identifiable information”), as well as other non-personally identifiable information or demographic information such as your education, preferences, and experience when such information is tied to your personally identifiable information (collectively, “personal information”).
Cookies and Other Software
We may use, without notice to or permission from you or any third party, cookies and other analytical software to improve the use and functionality of our Site. The Budd Group owns all information that is collected or created by any cookies or analytical software through your use of the Site, and such information may be used by The Budd Group in any manner that we, in our sole discretion, deem appropriate.
Cookies are small pieces of data that are stored by a user’s web browser on the hard drive of a user’s computer. Cookies can “remember” what information a user accesses on one web page to simplify subsequent interactions with that web site by the same user, or can use that information to streamline the user’s transactions on related web sites. The cookies used on our Site do not capture your individual email address or any personally identifying information unless you willingly provide it as a user on the Site, but do contain an encoded session identification number. These cookies permit The Budd Group to send information or other responses to assist you in using our Site.
Our analytical software may monitor how visitors use our Site, enable us to count visitors to our Site in order to gauge Site traffic, and inform us whether a visitor is new to our Site or has previously visited the Site. This information does not personally identify you.
How Personal Information is Used
We may use personal information to communicate directly with Site visitors and users, such as to respond to inquiries, to provide users with our newsletter, or to correspond by email. If you do not find this to be a benefit, you have the option of changing your mind and opting out of our relationship programs by contacting The Budd Group via the “Contact Us” page on the Site. We will make reasonable efforts to do so promptly upon your request. You should be aware that it is not always possible to completely remove information in our databases and servers.
We do not sell, distribute or make available any information on our Site users or visitors to third parties for marketing purposes without your consent, unless required by law. We may have to disclose personal information without your consent in response to legal requests such as court orders, subpoenas, and specific requests from law enforcement agencies. Notwithstanding the above, we reserve the right to transfer any information, including personal information, in the event all or a portion of the business or assets of The Budd Group are sold or transferred. In that event, we will use reasonable efforts to require that the transferee use this personal information in a manner consistent with this Privacy Policy.
Security
We have taken reasonable steps to safeguard and secure the information we collect online and to prevent unauthorized access, maintain data accuracy, and ensure the correct use of such information.
Non-U.S. Visitors
We have no intention of collecting personal information from non-U.S. visitors through our Site. This Privacy Policy is intended to meet the laws and requirements of the United States, which may not necessarily be consistent with the laws and regulations of your home country. If you are located outside of the United States, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize its transfer.
Children
We take the issue of children’s online privacy seriously and children under the age of 13 are not permitted to use our Site. We do not knowingly collect personal information about children under the age of 13 online, and children under the age of 13 should not submit any personal information to The Budd Group.
Third Party Web Sites
We cannot control and are not responsible for the privacy practices or policies of, or any software, including any cookies or analytical software, used by, any third party web sites, including any and all web sites that may link to our Site or third party web sites referenced in our Site. We have no control over the privacy practices or the content of such web sites, and we recommend that you carefully review the privacy policy of each web site that you visit.
Updates
We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this policy so that you always know what information we collect, how we use it, and to whom we disclose it. Your continued use of this Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
Contacting Us
If you have any questions about this Privacy Policy, the practices of this Site, or your personal information, please contact The Budd Group via the via the “Contact Us” page on the Site.
