Terms and Conditions
Last Revised: May 7, 2019
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, Willoughby will post the changes on this Site and the new Terms will be effective immediately upon posting. If Willoughby makes any material changes to the Terms, in addition to posting the revised Terms to this Site, Willoughby will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the “Last Revised” date at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
Willoughby may make changes to the Site or its contents, products, services or features at any time. You understand and agree that Willoughby may discontinue or restrict your use of the Site at any time for any reason with or without notice.
- PERMITTED USERS OF THE SITE
The Site is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any personally identifiable information to Willoughby on the Site or offline. If you provide information to Willoughby through the Site, you represent that you are at least 18 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services or purchasing products available on or through the Site under the laws of the United States or any other applicable jurisdiction.
- PERMITTED USES
Any content available through the Site, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software and other information and materials (the “Content”) is the sole and exclusive property of Willoughby, its licensors, or other content providers.
The Content is made available for only your personal, noncommercial use, other than with respect to use of the Site for entering purchase orders for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
- PROPRIETARY RIGHTS
You acknowledge and agree that, as between Willoughby and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Willoughby or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of Willoughby or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Willoughby in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Willoughby or its affiliates, suppliers, vendors, merchants, licensors, content providers, or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Willoughby by the respective trademark owners, or by Willoughby of the respective trademark owners.
- YOUR INDEMNITY OF WILLOUGHBY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WILLOUGHBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “WILLOUGHBY PARTIES”), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), WHETHER INCURRED BY OR MADE AGAINST A WILLOUGHBY PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITE, OR YOUR DEALINGS IN CONNECTION WITH THE SITE, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO WILLOUGHBY; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF WILLOUGHBY OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF WILLOUGHBY’S ONLINE ORDERING SYSTEM.
- LINKS TO OTHER WEBSITES
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Willoughby is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply Willoughby’s endorsement of information, material, products or services of any other party or any other website. Willoughby disclaims all liability with regard to your access to and use of any information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Willoughby is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
- MODIFICATIONS, SUSPENSION AND TERMINATION
Willoughby reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, its Content, including, without limitation, product parts, prices, and sales terms, or any portion thereof, with or without notice. You agree that Willoughby will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, its Content, or any portion thereof.
Willoughby reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Willoughby shall not be liable to you or any third party for any such suspension, discontinuance or termination.
- DISCLAIMERS AND LIMITATION OF LIABILITY
WITH THE EXCEPTION OF THE LIMITED WARRANTY AVAILABLE AT WILLOUGHBY-IND.COM FOR CERTAIN PRODUCTS, THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WILLOUGHBY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
WILLOUGHBY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILLOUGHBY AND ALL OF THE WILLOUGHBY PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF WILLOUGHBY OR ANY OF THE WILLOUGHBY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is Willoughby Industries, Inc., 5105 West 78th Street, Indianapolis, IN 46268, 800-428-4065. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
- PRODUCTS AND SERVICES
Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Site, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Site, and to decline any purchase. The products or services described on the Site may be out of date or differ slightly from the actual products or services offered, sold or provided by Willoughby. Products or services described on the Site may not be available at all times or in all locations.
By placing an order on the Site you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card, and authorize Willoughby or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you placed your order.
- GOVERNING LAW AND DISPUTES
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Willoughby does not represent that the Site or its Content is appropriate outside the United States of America. Willoughby reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.
Last revised 5/7/2019
- Types of Information Collected
We may collect personally identifiable information from you including, without limitation, non-public information about you that helps Willoughby identify you, such as first and last name, birth date, business title, employer, email address, employer address, office and home telephone number, mobile telephone number, password, account username, unique device identifier of your devices that connect to or access the Sites, order information, credit card, debit card and other payment information, billing and shipping information, purchasing and transaction history, occupation, preferences, information regarding products you purchase from us or products that you contact customer service about (e.g., serial number, fixture manufacturer, date of installation, place of purchase, etc.), information you provide to us when you register your product online, register in connection with our web or mobile applications, and other information that you provide to Willoughby or that is generated through your use of the Sites or interactions with Willoughby that are not otherwise publicly available.
We also may collect non-personally identifiable information about you, such as information regarding your use of the Sites, your IP address, Sites usage statistics, time stamps, browsing history, general geographic location, product settings, adjustments made to products, type of device you use to connect to the Sites, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider, and information regarding your Internet location when you see Willoughby’s ads and whether you click on such ads. We also may receive certain aggregated or anonymous information regarding users of the Sites such as the age, gender, occupation, zip code, interests, purchase preferences, and language preferences of users of the site, as well as information collected through questionnaires and surveys. “Non-personally identifiable information” refers to information that does not personally identify the individual to whom the information relates, such as information that is aggregated by Willoughby or a third party, or information that is not linked to contact information or other personally identifiable information of an individual.
In the event that any of the non-personally identifiable information that we collect about you is maintained, used or shared in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information. If you are logged into your account on the Sites, information such as the content you access, view, click on or search for when on the Sites, the devices from which you access such content and the length of time for which you view same, may become personally identifiable. In such an event, Willoughby will treat such information as personally identifiable information.
- How We Collect Information
We may collect personally identifiable and/or non-personally identifiable information from you when you:
- Access, use or browse the Sites;
- Register for an account on the Sites;
- Sign up to receive announcements, emails or newsletters;
- Contact, communicate with or otherwise interact with Willoughby or its personnel via email, the Sites, fax, telephone, or by other means whether online or offline;
- Order or request products, literature, services or other information during your visit to the Sites, via email, fax or other online or offline means;
- Register your product with us;
- Access, use or adjust any product settings or functional parameters;
- Make a product warranty claim;
- Register, enroll or participate in any surveys, questionnaires, promotions, or any other services, events or activities online or offline sponsored by Willoughby or third parties, or offered in connection with the Sites of Willoughby’s products or services (“Activities“).
By using the Sites, or by submitting your personally identifiable information to Willoughby online or offline, you expressly consent to the storage and processing of your personally identifiable information in the United States in accordance with the laws of the United States, or in other jurisdictions.
We may obtain personally identifiable and/or non-personally identifiable information from third parties such as the owners or operators of the websites or applications where our advertisements appear (some of which may partner with Willoughby or with an advertisement network used by Willoughby), our service providers, affiliates, suppliers, vendors, distributors, Activities partners and sponsors, and other sources (e.g., offline records or publicly available information). We may combine personally identifiable information we collect with information that we obtain from these sources. We will treat any such combined information as personally identifiable information.
Willoughby automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Sites. We also may collect information using cookies, web beacons, pixels, gifs, tags or similar technologies (“Collection Technology“), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you visit the Sites, your web browser may use Collection Technology to better enable you to navigate the Sites during your visit and upon your return. You may use the Sites even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by some of the other websites for which a link is placed on the Sites.
“Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Sites. We use such non-personally identifiable information in the same manner as we use other non-personally identifiable information as described below.
“Remarketing with Google Analytics” to place ads on other sites directed to people who have visited the Sites.
“Google Display Network Impression Reporting” to report how people’s interactions with our ads relate to their visits to the Sites.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at: https://www.google.com/settings/ads?hl=en&sig=ACi0TCh4HAtjShL0Fdg63jzwho_phMSA0-0hzzH5ELDtoQ4xvNARM3etqnH1cOQWE6jmaavbHAbbDNQ0VerqrM5EhrZPUq-63xzTlHosNHcmK0aXN4mlgTrjMz0kkR9jDjb517T55jzNvxLzRysnxsAR_ppR2CwKxxB9HGFk7nx48LTrKMNPSF2b4FHwjiQFue_I4bivF.
Applications on mobile devices may transmit information to Willoughby about your location when you request information from the Sites. We may use that information to improve the products and services we provide to you.
- How We Use Your Information
We may use the information we collect:
- To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems with the Sites;
- To analyze our users’ demographics, interests, and purchasing practices;
- Fulfill orders, ship and confirm orders, and manage payment collection;
- To plan, improve and administer Activities;
- To process and respond to your product warranty claims, inquiries and other communications;
- For Sites administration, support and improvement;
- To alert you to new features, terms, Activities, special events, stores, products or services, and other useful information regarding any of the foregoing or Willoughby via email, direct mail telephone or other means;
- To promote and improve the products and services we offer;
- To send announcements and newsletters, and to provide you with personalized content in connection with same;
- For the purposes for which you provided the information;
- For fraud prevention, internal operations, legal compliance, and other public purposes; and
In addition to the uses discussed above, Willoughby may use non-personally identifiable information in any manner so long as Willoughby uses such information in its de-identified or aggregated form. These uses may include, without limitation, analysis of trends and how the Sites are used; improving navigation of the Sites; analysis of the performance of the Sites and diagnosis of problems; analysis and developing advertisements and advertising campaigns; and providing you with special offers and promotions and determining the effectiveness of same.
Willoughby also may use your non-personally identifiable information to present you with targeted content and advertisements (including on third party websites and applications). Such targeted content and advertisements may include marketing for the Sites, and the products or services of Willoughby or its business and advertising partners. Your non-personally identifiable information also may be used to optimize and determine the effectiveness of content and advertisements, and to analyze interactions with content and advertisements.
Some of our third party advertisers or display networks may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and allow consumers the ability to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit http://www.aboutads.info/choices/. Please note that after clicking the link and following the instructions provided therein, even if our third party advertisers or display networks participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and you opt out of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties. You may need to re-click the link and follow the instructions provided therein if you delete cookies or other Collection Technology or use a different computer, device or browser.
- How We Respond To “Do Not Track” Signals
Willoughby does not respond to or alter its practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, Willoughby reserves the right to do so in the future.
- Communications with You
You authorize Willoughby to transmit email or postal mail to you or to telephone you, to respond to your communications, promote our services and administer and provide information to you about Activities. If we send any emails to promote our services, unsubscribe instructions will be included in each such promotional email from Willoughby. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with Willoughby, the Sites or technical information about the Sites.
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Sites. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
- Information Sharing with Third Parties
We also may use and share non-personally identifiable information with other third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with advertisers, business partners, and/or other third parties in order to analyze the Sites usage, demographics, or interests, improve the Sites or Willoughby’s products or services, perform services on the Sites, improve the user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
The Sites are not directed toward children under 18 years of age nor does Willoughby knowingly collect information from children under 18 on the Sites or offline. If you are under 18, you are not permitted to register for an account on the Sites or to otherwise submit any personally identifiable information to Willoughby. If you provide information to Willoughby through the Sites or offline, you represent that you are 18 years of age or older.
- Protection of Personal Information
Willoughby uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personally identifiable information. No transmission of data over the internet, wi-fi, bluetooth, or other communication protocol is guaranteed to be completely secure. It may be possible for third parties not under the control of Willoughby to intercept or access transmissions or private communications unlawfully. While we strive to protect personally identifiable information, neither Willoughby nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
- Updating Your Information
You are responsible for keeping your information current. You may update your information by contacting us at Willoughby. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Willoughby’s internal reporting, processing and retention policies and all applicable legal obligations.
- Notice of Privacy Rights of California Residents
Willoughby has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes if you request that we do not do so (“Opt-Out Policy“). You may make such a request by sending us an email at email@example.com. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personally identifiable information or for processing this request.
If you are a California resident and have provided personal information to a business without an Opt-Out Policy, you may be entitled by law to request certain information regarding disclosures of personally-identifiable information made by such business to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year (“Disclosure Request“). Such business is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated by the business for such purposes. However, please note that due to Willoughby’s Opt-Out Policy described in the preceding paragraph, we are not obligated by law to provide you with the requested information.
If you are still interested in making a Disclosure Request, please contact us at firstname.lastname@example.org. In the Disclosure Request, specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response, but note that Willoughby is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Opt-Out Policy.
- International Visitors
The Sites are hosted in the United States and are intended only for United States visitors. If you are accessing the site from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.