TERMS OF USE
Welcome to Hewittrad.com. This website is owned and operated by Hewitt Machine & Mfg., Inc. (“We”, “Us”, “Our”, and “Hewitt”). Hewitt and its associates agree to provide services to you subject to the following conditions. We require all visitors to our website to agree and comply with these terms of use (“Terms of Use”). Please read them carefully. Your right to use the website is personal to you. You represent and warrant that you have the legal authority to agree to the Terms of Use and to use this website.
You acknowledge and agree to be bound by these Terms of Use by using this website or viewing its pages. If you do not agree with these Terms of Use, please do not access or view this website or any of its pages.
CHANGE IN TERMS
These Terms of Use are subject to change. Any changes will be posted to this website from time to time. Your continued use of this website after any changes are posted shall be deemed your conclusive acceptance of the change to the Terms of Use.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Hewittrad.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONTENT
We may change or discontinue the information, products, or services that we offer on Hewittrad.com at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend it.
The content of the website, including its text, images, notice, software code (including html computer programs), logos, graphics, and other content are protected by applicable copyright, patent, trademark, and other laws. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Hewitt Machine & Mfg, Inc. unless otherwise indicated. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
You may not copy, download, redisplay, distribute, modify, repost, reproduce, transmit, create a derivative work from the content of this website or otherwise use it for any public or commercial purpose without our express written consent.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hewitt or its content suppliers and protected by domestic and international copyright laws. The compilation of all content on this site is the exclusive property of Hewitt and its associates, with copyright authorship for this collection by Hewitt, and protected by domestic and international copyright laws.
TRADEMARKS
No trademarks and trade dress owned by Hewitt may be used in connection with any product or service that is not Hewitt’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hewitt or Hewittrad.com. All other trademarks not owned by Hewitt or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hewitt or Hewittrad.com.
LICENSE AND SITE ACCESS
Hewitt grants you a limited license to access and make personal use of the Hewittrad.com website. This limited license does not permit you to download (other than page caching) or modify the site, or any portion of it, except with express written consent of Hewitt. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hewitt. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hewitt or Hewittrad.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Hewitt or Hewittrad.com name or trademarks without the express written consent of Hewitt. Any unauthorized use terminates any permission or limited license granted herein by Hewitt. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hewittrad.com so long as the link does not portray Hewitt, Hewittrad.com, their associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo of Hewitt or Hewittrad.com or any other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
You may first have to register and obtain a form of user identification and password to use certain services and features on this website. You are responsible to maintain the secrecy and confidentiality of any user identification information and password created or provided to you. You agree not to permit any person to use your passcode, method of identification, or other form of identification we provide you. If you do, you agree to be liable for any transactions that person makes, even if you did not indent for them to do so. You agree to immediately notify us if the security or confidentiality of your account, passcode, or any other form of user identification is breached, or if you believe that your account has been subject to unauthorized use. You agree that we may refuse services, terminate your account, passcode, user identification, remove or edit content, or cancel orders at any time, in our sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, form of payment, or other content. Hewittrad.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Hewittrad.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hewittrad.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hewitt, Hewittrad.com and their associates for all claims resulting from content you supply. Hewittrad.com has the right but not the obligation to monitor and edit or remove any activity or content. Neither Hewitt nor Hewittrad.com take any responsibility and they assume liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Hewittrad.com are made pursuant to a shipment contract. Pursuant to the shipping contract, the risk of loss and title for items ordered from Hewittrad.com passes to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Hewittrad.com and its associates attempt to be as accurate as possible. However, Hewittrad.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Hewittrad.com itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HEWITTRAD.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER HEWITT NOR HEWITTRAD.COM MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEWITT AND HEWITTRAD.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER HEWITT NOR HEWITTRAD.COM WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEWITTRAD.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER HEWITT NOR HEWITTRAD.COM WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Hewittrad.com, you agree that the laws of the United States, and more specifically, the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hewitt, Hewittrad.com or their associates.
DISPUTES
Any dispute relating in any way to your visit to Hewittrad.com or to products you purchase through Hewittrad.com shall be submitted to confidential arbitration in Nicollet County, Minnesota, United States of America, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Hewitt or Hewittrad.com. In such a case, Hewitt may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Term of Use, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Hewittrad.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Terms of Use, Privacy Notice, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link.
PRIVACY NOTICE
Welcome to Hewittrad.com (the “Website” or “Site”). This Website is owned and operated by Hewitt Machine & Mfg., Inc. (“We”, “Us”, “Our”, and “Hewitt”). We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice sets forth our privacy policy.
By visiting Hewittrad.com, you are accepting the practices described in this Privacy Notice.
PURPOSE
The information we learn from customers allows us to personalize and continually improve the total shopping experience at this Site. Here are the types of information we gather:
User Supplied Information. We receive and store any information you enter on Hewittrad.com or give us in any other way. Information that we collect can be: items searched for, name and address (to fulfill an order placed), e-mail address, items stored in a favorite item list, buying and searching patterns, gift registries, any reviews submitted and accompanying information, credit card information supplied, billing information, and shipping information. This list is not exclusive, and may be altered without notice based on information that you supply voluntarily.
Right to refrain from giving information. You have right to refrain from giving us certain information, but then you might not be able to take advantage of all of our features or to make purchases. We use the information that you provide for to enhance the service, such as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
Cookies. When you access our site, information is received and stored by us. The most significant information is stored in the form of cookies, or small storage files that transmits your electronic identity to the websites that you visit. Like most websites, Hewittrad.com uses cookies to be able to identify you as a return visitor to the site. We receive and store certain types of information whenever you interact with us.
Supplemental Software. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Hewittrad.com if we cannot recognize you, we want you to be aware that these tools exist.
E-mail Communications. We communicate and make special offers available via email. To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from Hewittrad.com if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your e-mail contact preferences.
Information from Other Sources. From time to time, we receive information about you from other sources and add it to our account information.
COLLECTION OF INFORMATION
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide enhanced features such as accelerated purchasing, customized and personalized shopping suggestions, and personalized greetings.
User Choices. Web browsers typically have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The help portion of the toolbar of your browser will tell you how to select the option that suits you best.
SHARING OF INFORMATION
The information that we collect about our customers is critical to our business. We respect and value this information, and do not want to jeopardize the flow of information between our customers and Hewittrad.com. Therefore, we are not in the business of selling this information to other Web sites or businesses. There are very limited circumstances where we do share some customer information, and this is outlined immediately below.
Third Parties. There may be some transactions that involve a third party. You will clearly be able to tell when a third party is involved in your transactions, and we must share customer information with those third parties to fulfill the order placed by the customer.
Protection of this Site. It is sometimes necessary to release account and other personal information when we believe it is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of this Site, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Under no circumstances, however, does this include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this privacy policy.
With Your Consent. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
INFORMATION SECURITY
Software Used. To protect the security of your information during transmission, we use Authorize.net, which encrypts information you input.
Order Confirmation. We reveal only the last five digits of your credit card numbers when confirming an order. To process an order, it is necessary to transmit the entire credit card number to the appropriate credit card company.
Signing off. To prevent unauthorized access to sensitive information, it is important for you to monitor those who have access to your password and to your computer. Be sure to sign off when finished using a shared computer.
USER ACCESS TO INFORMATION
When you access your account, there is a variety of information that you will see. This is designed to allow you to update any changed information and view the information that you entered previously. This information is sensitive, and it is necessary to both protect this information and keep it current in order to have the best experience at our site.
USER CHOICES WITH REGARD TO ACCESS OF INFORMATION
General. You always have the right to refrain from providing any information. This may have an impact on use of Hewittrad.com and on the ease of making purchases or taking advantage of certain unique features of the site.
Prior Information. You can add or update certain information on pages such as those listed in the “User Access to Information” section above. When you update information, we usually keep a copy of the prior version for our records.
Customer communication. If you do not want to receive e-mail or other mail from us, please adjust your account setting regarding email contact preferences. (You cannot waive the applicability of the Terms of Use and other legal notices, such as this Privacy Notice, and if you elect not to receive those notices, they will still govern your use of this Site, and it is your responsibility to review them for changes.)
Cookie Choices. The Help portion of the toolbar on most Web browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, disabling cookies means that you will not be able to use the accelerated ordering feature of this site.
Anonymous browsing. A large number of products may be accessed without the use of cookies, or anonymously. In addition, the Federal Trade Commission provides useful information about online privacy on its own Web site.
CHILDREN
We do not sell products for purchase by children. If you are under 18, you may use Hewittrad.com only with the involvement of a parent or guardian.
TERMS OF USE, NOTICES, AND REVISIONS
Acceptance of Terms of Use. By visiting Hewittrad.com, you accept that your visit and any dispute over privacy is subject to this Privacy Notice and our Terms of Use, including limitations on damages, the application of the laws of the State of Minnesota, and the use of state and federal courts located in Nicollet County, Minnesota. If you have any concern about privacy at this Site, please send us a thorough description via the Contact Us link and we will try to resolve it.
Revisions. Because our business changes constantly, we reserve the right to periodically revise this Privacy Notice and our Terms of Use.
Applicability. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
INFORMATION YOU PROVIDE TO US
General. Information is collected from you when you do the following activities: search, buy, or communicate with customer service.
Examples. For example, information would be collected if a user came to Hewittrad.com, searched for a product, reviewed a product, placed an order through the site, updated the customer’s information in his or her account settings, and called or e-mailed customer service.
Information that could be supplied. As a result of any of the above actions, it is possible that you will supply us with such information as your name, address, and phone numbers; credit card information; purchase and shipping recipients, including addresses and phone number; people (with addresses and phone numbers) listed in rapid order processing settings; e-mail addresses of site friends, and other people; and content of e-mails to us.
AUTOMATIC INFORMATION
General. As discussed earlier, our systems collect information that is sent over the Internet without your control.
Examples. Some examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet; e-mail address; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as bestsellers and product suggestions; the full Uniform Resource Locator (URL) clickstream to, through, and from this Site, including date and time; cookie number; and products you viewed or searched for.
Software Used. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
INFORMATION FROM OTHER SOURCES
Occasionally, we supplement the information that we receive that has been outlined above with information from other sources and companies. Examples of information we receive from other sources include updated delivery and address information from our carriers, dealers, or other third parties (which we use to correct our records and deliver your next purchase or communicate with you more easily); account information, purchase or redemption information; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google).
INFORMATION YOU CAN ACCESS
General. Information collection and processing is designed to better assist you in shopping and using our site.
Examples. Some of the information that we collect and process can be accessed by you. Examples of information you can access easily at Hewittrad.com include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password); payment settings (including credit card information and gift certificates); e-mail notification settings; and recommendations (including recent product view history, and prior order history).