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PRIVACY POLICY

WOODPECKER'S, INC. and WOODPECK.COM

Introduction WOODPECKER'S, INC. respects your privacy. This Privacy Policy explains how WOODPECKER'S, INC. collects, uses, and safeguards information on this Web site and any other websites operated by WOODPECKER'S, INC. from time to time (the “Site” or “Sites”).  This Privacy Policy applies only to information collected by WOODPECKER'S, INC. through its Sites. WOODPECKER'S, INC. reserves the right to amend the Privacy Policy at any time, for any reason, and with or without notice of any kind.

Information we collect – When you browse the Sites and do not interact for any online service or product from WOODPECKER'S, INC., we do not collect personally identifiable information, such as your name, address, phone number, and e-mail address. When you become a registered user on our Sites or provide personally identifying information on our Sites, such as applying to join WOODPECK.COM, we will retain certain personal information from you.  The type of personal information collected may include name, address, phone number, birth date, billing and delivery information, e-mail address, credit card or other financial account information, and other demographic information. The type of information you provide will determine the personal information that is collected.

Tracking activity on our Sites – We use your IP address, cookies, and tags to track user behavior on our Sites and to make usability improvements.  We also use cookies to maintain user session identity to store your username and password locally for ease of access.

  • “Cookies” are small pieces of information that are stored on your computer's hard drive. Most Web browsers automatically accept cookies. You can edit your browser options to block cookies in the future or delete pre-existing cookies.
  • An IP address identifies every computer on the Internet. Each time you connect to the Internet, your machine is assigned an IP address.
  • “Tags” refer to scripts that are used to track a visitor's activity on our Sites by Web analytics software.  A visitor's activity is anonymous if he/she is not logged in.  If a visitor has logged in using his or her username and password, additional information is passed through these tags. 

How we use personal information – Once collected, we may use your personal information for the following purposes:

  • Register you for products, programs, and services you have requested
  • Process, fulfill, and follow up on your orders
  • Answer your e-mails or requests
  • Send information that you requested
  • Send and process surveys
  • Ensure the Sites are relevant to your needs
  • Communicate general substantive information about WOODPECKER'S, INC. or its products, programs, and services
  • Notify you about new products, services, special offers, upgrades, and other related information from WOODPECKER'S, INC. and other approved third parties. 

Exclusion – We reserve the right to transfer any and all information that we collect from you to third parties in the event that we sell or transfer substantially all of our assets related to WOODPECK.COM to such third party.

E-mail Policy – Your e-mail address will only be used for
Site-related purposes. We do not sell or rent e-mail addresses to anyone.  For some e-mail messages distributed by WOODPECKER'S, INC., specific information on recipient response is collected. For example, we may review how many recipients open and subsequently choose to click through to links provided in an e-mail message. We use this information only for the purposes of analyzing areas of interest, improving our products, and enhancing the usefulness of our Sites.   You can opt-out of receiving e-mail notifications by using the account to be opted-out and sending an e-mail to mailroom@woodpeck.com with the title or caption of the e-mail stating “OPT-OUT NOTICE.”

 With whom we may share information – WOODPECKER'S, INC. may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on WOODPECKER'S, INC.; (b) protect and defend the rights or property of WOODPECKER'S, INC.; or (c) protect the personal safety of WOODPECKER'S, INC. personnel, shareholders, directors, officers, employees, or members of the public in urgent circumstances. WOODPECKER'S, INC. may, from time to time, publish your name, franchise name, and/or hometown to recognize certain participants in WOODPECK.COM.  You may opt out of such publication by sending an e-mail to mailroom@woodpeck.com .

Banner advertisements on our Sites – Online advertisements on the Sites do not collect any personally identifiable information on individual visitors. WOODPECKER'S, INC. collects aggregate data on visitors such as time of day and Web browser type. Such information may be shared with advertisers to determine their advertising effectiveness. This Web site may contain links to other Web sites, but these linked Web sites are neither owned by nor under the control of WOODPECKER'S, INC., and WOODPECKER'S, INC. is not responsible for their contents. The fact that we have linked to the Web site does not imply that WOODPECKER'S, INC. endorses the site or associates with its operators.

Children  – We do not knowingly solicit data online from or market online to children under the age of 13.

Information security – WOODPECKER'S, INC. implements commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data and personal information. We restrict access to personal information to the WOODPECKER'S, INC. employees and contractors who may need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

User ID and password  – Certain areas of the Site require the use of a user ID, email address, and password as an additional security measure that helps protect your information. When you have finished using a secure area of a Site, make sure you always click on the “Sign Out” link. When you click on the “Sign Out” link, your secured session will end. No further secure transactions can be conducted without re-entering your user ID and password. You should be aware that browser software often “caches” a page as you look at it, meaning that some pages are saved in your computer's temporary memory. Therefore, you may find that clicking on your “Back” button shows you a saved version of a previously viewed page. Caching in no way affects the security of your confidential user ID or password. You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should immediately contact us at mailroom@woodpeck.com. We will not be responsible for any loss or damage resulting from your failure to promptly notify us of unauthorized use.

No guarantee – Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, WOODPECKER'S, INC. cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. WOODPECKER'S, INC. further disclaims all warranties regarding the security of personal information in the hands of payment processors.

How you can access and change information – If you are a registered user of WOODPECK.COM, you may review and update/correct your information by using your user ID or email address and password or by contacting WOODPECKER'S, INC. at mailroom@woodpeck.com.

Protection from harm – You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. WOODPECKERS, INC. disclaims any responsibility for any harm resulting from the use of content posted on this Web site.

 

Waiver of Damages – You agree that, in addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through this Web site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

You agree to indemnify and hold harmless WOODPECKERS, INC., and its subsidiaries, shareholders, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in WOODPECK.COM or the Sites, your violation of this Agreement, or your actions that harm the rights of another person or entity. All information on this Web site and products offered are provided “as is,” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. However, in no event will WOODPECKERS, INC. be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data as a result of claims, whether brought in contract or tort, arising out of or connected with this Web site.

This Web site may not be available at all times. You agree that WOODPECKERS, INC. will not be held liable if the Web site is unavailable at any time. WOODPECKERS, INC. does not accept liability for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to participate in any way. You assume all responsibility and risk for the use of this server and the Internet generally.

Intellectual Property

A. You may not use, copy, or distribute the information, designs, or data found on this Web site, except for personal or noncommercial purposes. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of WOODPECKERS, INC., and FRONT OFFICE MEDIA retains all such rights.

B. You may not use another user's information for business or commercial purposes.

C. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:


James S. Aussem
Cavitch, Familo & Durkin Co. ,L.P.A.
1300 East Ninth Street
Twentieth Floor
Cleveland, OH 44114
216-621-7860
jaussem@cavitch.com

D. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Web site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Miscellaneous

A. If any provision in this agreement is found by a court of competent jurisdiction to be invalid, WOODPECKERS, INC. and you agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.

B. You agree that any lawsuit relating to the Sites or any activity thereon must be brought in state or federal courts located in Cuyahoga County, Ohio, USA. You agree to submit to the personal and exclusive jurisdiction in such courts and waive all questions of jurisdiction and venue. The terms of this Agreement and the relationship between you and WOODPECKERS, INC. will be governed by Ohio law, without regard to conflicts of state law.

C. The section headings used herein are for convenience only and shall not be given any legal import.