Terms of Use: What You Agree to When Using this Site

Welcome to www.hrparts.com, H&R Construction Parts and Equipment, Inc.'s website (the “Site”). These terms of use (“Site Terms”) impose conditions on your access to the Site and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with H&R Construction Parts and Equipment, Inc. or its subsidiaries or affiliates (unless context requires otherwise, collectively "H&R") for other products or services.

Special Note Regarding Networked H&R Sites. In an effort to make online information about H&R and business transactions with H&R efficient, H&R uses the Site as an entry into networked websites operated by H&R’s divisions, subsidiaries and affiliates (each an "H&R Site" and, collectively, the "H&R Sites"). An H&R Site may adopt terms of use particular to the purpose of that H&R Site or the transactions taking place on that H&R Site. For example, some of the H&R Sites permit commercial transactions with H&R and may be password protected, subject to subscriptions, contain terms and conditions of sale or otherwise be subject to different terms, any of which can supplement or supersede these Site Terms. Those differing or additional H&R Site terms shall control in the event of a conflict with these general Site Terms. Except as otherwise supplemented or superseded as described herein, these Site Terms apply to the entire network of H&R Sites and control your use thereof.

H&R reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modification will be effective upon posting to the Site. You should frequently review the Site Terms and applicable policies to understand the terms and conditions applicable to your use of the Site, as your continued use following the posting of any changes or modifications to the Site Terms or other policy or guideline will constitute your acceptance of such changes or modifications.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SITE.

Questions or comments about the Site or its contents should be directed to the H&R webmaster.

Incorporated Policies or Terms

Copyright and Trademark. The Site Terms are subject to and incorporate by this reference H&R Construction Parts and Equipment, Inc. policies for use of its and other’s copyrights, trademarks, trade names, and other intellectual property.

Terms and Conditions of Sale. Transactions with H&R Sites offering products or services for purchase may be subject to terms and conditions of sale required as a condition to completion of the transaction. These terms and conditions of sale may be posted on the H&R Site or set forth in a separate agreement with you. Your transactions will be governed by such terms and conditions of sale; therefore, you should review them carefully.

Site License and Access

H&R grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or its content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of H&R or any third party.

You may not use, frame, or utilize framing techniques to enclose any H&R trademark, logo, or other proprietary information (including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page) without H&R's express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an H&R name, trademark, or product name without H&R's express written consent. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray H&R or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an H&R logo or other proprietary graphic or trademark of H&R to link to this Site without the express written permission of H&R. This limited right may be revoked at any time.

Third-Party Links. H&R makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of H&R and H&R is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes, or updates to such sites. H&R is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by H&R of the site or any information contained therein. When leaving the H&R Site, you should be aware that H&R’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Privacy Policy

H&R is sensitive to privacy issues. Accordingly, it is important that you know how we treat the information about you we receive on the Internet. In general, you can visit H&R Sites without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed, and other similar information. H&R uses this information to measure the use of the Site and to improve content.

Certain H&R Sites require you to supply certain personal and corporate data as a condition to access and use. H&R and its subsidiaries and affiliates consider this data to be private and confidential and will use the same degree of care in safeguarding this information that is used to protect their own confidential information. By providing H&R with this information, you agree that any information or comments you provide may be shared between H&R, its subsidiaries and affiliates only, and used without restriction to process customer orders and improve or market H&R's products and services. H&R does not sell or transfer your information to third parties. H&R will use reasonable efforts to keep this information secure in order to safeguard you and your company from loss of privacy and confidentiality. However, H&R makes no guarantee of the security of data or information passing across the Site. The Internet is an open, public environment and no guarantee of security can be made or implied.

We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Site.
• In email, text, and other electronic messages between you and this Site.
• In chat messages.

It does not apply to information collected by:

• use offline or through any other means, including on any other website operated by H&R or any third party (including our affiliates and subsidiaries); or
• any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from  the Site

Children Under the Age of 13

No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this Site or on or through any of its features or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at marketing@hrparts.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including information:

• that is about you but individually does not identify you, such as what pages you have visited, or how many times you have visited the Site; and/or
• about your internet connection, the equipment you use to access our Site, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Site. This includes information provided at the time of an order, or when requesting further services.  We may also ask you for information when you report a problem with our Site.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your search queries on the Site.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt-out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Site according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section "Choices About How We Use and Disclose Your Information".

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Site and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To allow you to participate in interactive features on our Site.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of H&R Construction Parts and Equipment, Inc., our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  We do not provide any personal information to third parties for their direct marketing purposes.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page.  The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Site and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

marketing@hrparts.com or

H&R Construction Parts and Equipment, Inc.

20 Milburn Street

Buffalo, NY 14212

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. H&R DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. H&R DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. H&R IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE H&R ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, H&R CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

H&R reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by H&R.

Limitation of Liability

IN NO EVENT SHALL H&R BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., applicable to agreements made and entirely to be performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Erie County, New York, U.S.A., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, H&R reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.