2. Product, Safety and Other Technical Information
While Emglo uses commercially reasonable efforts to provide accurate information, the industry of which Emglo is a part and the laws and regulations applicable to that industry do change. Therefore all items of Licensed Content contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. Emglo cannot ensure or guarantee and does not warrant that Your product selection will be accurate, meet Your or Your customer’s (if applicable) particular needs or requirements or that the recommendations, regulations or other information provided by Emglo experts or other Sites users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by Emglo about the effectiveness of Emglo products and/or comparing the effectiveness of Emglo products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by Emglo purchased through the Sites is not as described, Your sole remedy is to return it in its original, unused form and receive either a replacement of the product You purchased, a refund of the price You actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints through the Service/Support tab or Contact Us link on the Sites or as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. Emglo may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. Emglo’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by Emglo’s Standard Terms and Conditions of Sale and/or Invoice -Terms and Conditions.
WARNING: Some of the information and advice on the Sites may be provided by third party contributors who are not affiliated with Emglo. Emglo makes no representation as to the truth, thoroughness, or accuracy of such information or advice.
In all operations and uses related to products and their accessories and other matters discussed on the Sites, You must read, understand, and adhere to the safety warnings and instructions pertaining to such products and accessories as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use. Additionally, in all cases, You should wear all recommended personal protective equipment.
3. Privacy and Data Security
Emglo values its relationship with visitors and customers and uses commercially available technology to safeguard any personal information collected through the Sites. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. You transmit Your personal information at Your own risk. Emglo does not guaranty or warranty the security of information You transmit. Once received, Your personal information is stored in the United States. Emglo takes various precautions to safeguard Your personal information against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. For example, the Sites use Secure Sockets layer (SSL) encryption on all web pages where sensitive personal information is collected. It is Your responsibility to preserve the confidentiality of and not share Your user ID and password. You are responsible for the actions of each individual to whom You have given access through Your user ID and password and/or for those who obtain access as a result of Your failure to properly secure Your user ID and password.
Information Collected: In general, You may visit the Sites without telling Emglo who You are or revealing personal information about Yourself. Emglo, its business partners and other companies providing services to or on behalf of Emglo (such as, for example, companies assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, contests and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of Your visit. This may include, without limitation, Your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set Your browser either to notify You when You receive a cookie or to refuse to accept cookies. However, if You do so You may not be able to participate in certain of the Sites’ features.
Information that personally identifies You, such as Your name, address, e-mail address, telephone number as well as demographic data specific to You may also be collected from a variety of sources. You may provide personally identifiable information directly, it may be gleaned through the Sites or collected from other sources. For example, when You sign up to receive Emglo product, event and other information, register Your Emglo product through the Sites or set up an account on the Sites, You create a personal profile – providing Your name, telephone number, email address and in some cases Your mailing address or sensitive information such as credit card information – and choose a password for security. The Sites save Your information so that the next time You place an order or register a product, You only need to enter Your unique ID and password. You cannot communicate with Emglo through various service or customer support links, telephone numbers on the Sites or via e-mail without providing personally identifiable information. If You contact Emglo or its service providers, a record of that session or correspondence will be maintained. Personally identifiable information is collected and stored when You register product warranties, order parts, check repair status, become a member of the Sites, participate in owner’s clubs, public forums and other blogs, chat rooms, news groups or bulletin boards, request literature and/or product information. If You use a bulletin board, chat room or other interactive public areas of any of the Sites, any information You share is visible to other users. Personally identifiable information You submit to one of these forums can be read, collected or used by other individuals to send You unsolicited messages. Emglo is not responsible for personally identifiable information You choose to submit in these forums. If You do choose to make otherwise non-public information available by enabling certain user features, Emglo will collect that information from Your interaction and the information will become publicly available.
Many companies within the Black & Decker family manufacture and sell consumer and commercial products. Unless not permitted by law, all companies within the Black & Decker family, including its world-wide affiliates, share information collected through the Sites and may contact You directly. Emglo may also share Your information with businesses that offer products that it believes may be of interest to You as well as those providing services to Emglo. These businesses may then contact You directly with product or sample offers, personalized offers and information or to ask for Your feedback on products and programs.
To Update Your Information/Unsubscribe: You have choices as to how Emglo will communicate with You. The Sites allow You to update Your information and Your preferences. For example, You may choose to receive, or stop receiving promotional email, postal or other communications from Emglo, and/or others with whom it shares information. Please click here to learn how to complete Your request.
Notice to California residents about Your California privacy rights: In addition to the other rights described in this policy, if You are a customer residing in California, You have the right to request information regarding the third parties with whom Emglo has shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to Emglo at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to You individually. All such requests must be in writing and sent to Emglo’s designated address set forth in Section 14.
4. User Conduct
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right or invade another’s rights of privacy or publicity (collectively, “Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with Emglo is expressly prohibited.
You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, or attempt to access any materials or information through any means not purposely made available by Emglo through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.
5. Social Media Channels/Blogs/User Submissions
Certain more interactive portions of the Sites, blogs, Social Media Channels and other social media forums require special mention. Emglo insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. Emglo adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of a Black & Decker family brand through Social Media Channels, on a blog or other public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her affiliation with Emglo and if incentives, free products or gifts or other compensation was received from Emglo. Because Your opinions may be considered an “endorsement” and You an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that You fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that You (i) let readers know if You received any free products or any other item of value from Emglo or if another material connection exists, and (ii) ensure that Your statements about and reviews of Emglo products reflect Your honest opinions, beliefs and findings. If You wish to learn more, You may access the most recent revisions to the FTC’s Endorsement and Testimonial Guides at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf. If You suspect a blogger is not making the proper disclosures please click here.
Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication You transmit, upload or post to the Sites, generally and through Social Media Channels and other the public forums, or email to Emglo (collectively, “Communications”) are non-confidential, nonproprietary and become the property of Emglo. Emglo has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. Emglo has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever without additional consent or approval from You. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
You are solely responsible for Your Communications and Your activities on the Sites. Although Emglo will not, and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will Emglo or its affiliates be liable in any way for any Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by Emglo to substantiate such claims. Emglo cautions You not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.
6. Access by Children
Emglo recognizes that parents or other adults often purchase products for family use, including use by minors. However, Emglo does not target or market to, and the Sites are not intended for use by, children under age 13. Emglo does not knowingly and will not intentionally contact or request personal information from children under the age of 13 for marketing purposes. Emglo will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. If Emglo learns that a child under 13 has submitted its personal information, it will notify the child’s parent or legal guardian as soon as possible and seek parental consent. Upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Sites do not filter ads or other material children may view through the Sites or linked sites, some of which may be inappropriate for children.
11. Emglo’s Proprietary Rights
12. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Emglo.
Emglo respects the intellectual property of others, and asks its users and visitors to do the same. Emglo will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Emglo will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
Notices of copyright infringement should be directed to:
By mail: The Black & Decker Corporation
701 East Joppa Road
Towson, MD 21286
Attn: Emglo Webmaster
By Email: email@example.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EMGLO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRIVACY OR PRODUCT-RELATED QUESTIONS AND REQUESTS WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
13. DISCLAIMERS AND LIMITATIONS OF LIABILITY
EMGLO DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMGLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
(B) EMGLO MAKES NO WARRANTY (I) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (III) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (IV) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (V) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (VI) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(E) EMGLO IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMGLO SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMGLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, EMGLO’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST EMGLO WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Black & Decker Corporation
701 East Joppa Road
Towson, MD 21286
Attn: Emglo Webmaster
15. Specific Trademark Information
EMGLO® and AUTHENTIC BLUE®, all stylized and/or graphical depictions of all of the foregoing and all logos and slogans, individually and/or as may be combined with one another, are proprietary trademarks of The Black & Decker Corporation and/or its parent, subsidiaries, affiliates or designees. This list is not exhaustive and the absence of a Mark from this list should not be viewed as a waiver by the owner of any of its rights concerning that Mark.
16. General Information