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"Personal Information" includes information that alone or when in combination with other information may be used to readily identify, contact, or locate you or a specific individual.
The Epicor Site. Epicor (or Epicor vendors and suppliers) may observe your activities, preferences, and transactional data (such as your IP address and browser type) as well as related usage behavior depending on whether you are using our Site or a particular Epicor Product. We may use this data for any purpose unless we tell you otherwise in connection with a particular Site or product. While we may collect or log this information, we do not identify you or match this non-Personal Information with your other Personal Information unless or except if we believe doing so will help us better respond to a request you have made or otherwise personalize your experience in using the Site. Where such non-Personal Information is linked to your Personal Information we will treat such information as Personal Information.
One of the primary purposes of cookies and related technologies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Epicor pages, or register with Epicor sites or services, a cookie helps Epicor to recall your specific information on subsequent visits. This simplifies the process of recording your personal information and return user log in. When you return to the Site, the information you previously provided can be retrieved. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site you visit.
Children. The Epicor Site and Epicor’s products are not directed at children. If you are under 18 or otherwise would be required to have parent or guardian consent to share information with Epicor, you should not send any information about yourself to us. As required by law, if a person under 13 submits information through any part of an Epicor Site or an Epicor Product, and we learn the person submitting the information is such a child, we will attempt to delete this information as soon as possible.
Epicor Subsidiaries, Affiliates, Vendors and Suppliers. Epicor works with many affiliated third parties, vendors, distributors, and suppliers. To the extent it is necessary for these groups to provide their products and services to us and provide products and services you have requested, these third parties may have access to or process your Personal Information. Epicor may also sometimes permit our authorized service providers to have access to aggregate statistics about our customers, sales, traffic patterns, and related Site or Application information. These transfers of aggregate statistics do not involve Personal Information or data.
Recruitment and Job Applications. Residents of the United States may provide us with Personal Information through our Site. Personal information such as that contained on a resume or curriculum vitae may be submitted in connection with a job application or inquiry. We may use this information throughout Epicor (worldwide) for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration. When you submit such information you consent to worldwide processing of this information.
Enabling Services. Epicor offers a variety of services and functions through its Sites ("Epicor Services"). Personal Information that is collected through a Site may be used and/or disclosed to third parties in order to enable us to provide Epicor Services. For example, the Epicor Site may allow you to interface with a third party Site or application. To facilitate that connection, we may use your Personal Information and/or disclose your Personal Information to third parties.
Public Areas. Any information disclosed in public areas of an Epicor Site or to the extent possible in an Epicor Product or other Site (Facebook, YouTube, Twitter, etc.) will become public information. We cannot control the use of information disclosed in public forums, such as forums, bulletin boards, blogs, chat rooms, and networking functions of mobile-device applications. You should exercise caution when disclosing information in these public areas, and be careful how you disclose your Personal Information. Content posted in public areas of the Epicor Site or Epicor Products, including advice and opinions, represent the views and is the responsibility of those who post the content. Epicor does not necessarily endorse, support, verify, or agree with the content posted.
As Required by Law and Other Extraordinary Disclosures. Epicor may be required to disclose your Personal Information if it: (i) believes in its sole judgment that such disclosure is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate our liability in an actual or potential lawsuit, (iii) is otherwise necessary to protect our rights or property, or (iv) is necessary to protect the legal rights or property of others.
Security. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, therefore, we cannot ensure the security of any information you send to us and you do so at your own risk. If Epicor learns of a security system's breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues. Epicor may post a notice on this Site if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the Epicor Site or Application. Epicor may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
If you are visiting from countries with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be stricter than U.S. law, please note that you are transferring your Personal Information to the United States to Epicor. By providing your Personal Information you consent to that transfer and processing.
California Privacy Rights. If you reside in the State of California, please review the PRIVACY NOTICE AND POLICY FOR CALIFORNIA RESIDENTS found at https://www.epicor.com/en-us/company/compliance/ccpa/privacy-policy/ to learn more about additional rights you may have regarding our handling of your personal information.
Marketing Communications. When you provide Epicor with Personal Information, we may communicate with you using the information you have given us to provide you with information we think may be of interest to you as permitted by law.
Enforcement and More Information. When Epicor receives formal written complaints, it is Epicor's policy to contact the complaining user regarding their concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Epicor and an individual.
Epicor Software Corporation
Las Cimas II- 807 Las Cimas Parkway, Suite 400
Austin, TX 78746,
Attention: Legal Department
"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Strictly necessary cookies are necessary to provide the Website to you. We use such cookies without your prior consent.
Epicor collects and uses Personal Data from you in several ways and for the purposes listed below. We only use your Personal Data as described below:
Directly from You through Site Forms. We receive the Personal Data you submit to us (e.g., name, address, telephone number, email address, and location) so we can complete a requested transaction and respond to your requests.
Improve our Products and Services. When you provide us with feedback and other information through the Site about our products and services, we use it for developing, enhancing, and improving our products and services.
Commerce and Product Support. You may be asked to share Personal Data such as your name, address, telephone number, and email address when you make purchases, seek customer or technical support or otherwise interact with Epicor through the Site. When you buy directly from Epicor, Epicor and its vendors and suppliers who facilitate the purchase and delivery of products and services use this Personal Data to complete the transaction. Epicor shares Personal Data with its vendors and suppliers to complete transactions. Epicor has agreements in place with its vendors and suppliers to limit their use of the Personal Data to completing the transaction and performing services for Epicor. You may also interact directly with and provide Personal Data directly to Epicor’s vendors and suppliers when you purchase Epicor products and services or seek customer or technical support. In these circumstances, the vendors and suppliers collect and use your Personal Data subject to their privacy policies and will share Personal Data with us to complete the transaction.
Product Registration. Epicor allows customers to register products online or through similar ways. We request Personal Data, such as your name, address, email, and telephone number. Epicor receives this Personal Data and other product-related information in such submissions, and Epicor will use it to complete the registration.
You may opt out from receiving marketing-related communications by either clicking on the unsubscribe link at the bottom of marketing-related emails we send you or by clicking here. We will process opt-out requests without undue delay.
Epicor maintains appropriate organizational and technical measures for the protection of the security, confidentiality, and integrity of Personal Data from unauthorised or unlawful access, accidental loss, destruction, damage, misuse, disclosure and alteration. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, therefore, we cannot ensure the security of any information you send to us and you do so at your own risk. If Epicor learns of a security system's breach, we will comply with all applicable law to notify you about the breach so that you can take appropriate protective steps. Epicor may post a notice on the Site if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the Site. Epicor may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
While we take various steps to ensure the accuracy and completeness of your Personal Data, we rely upon you to provide accurate and complete Personal Data when interacting with us. All persons in the scope of the General Data Protection Regulation whose Personal Data is being processed by Epicor have the legal right to request: (i) access, (ii) rectification (iii) erasure, (iv) restriction of processing, (v) object to processing, and/or (vi) data portability of their Personal Data. Any such requests should be submitted using the Individual Rights Request Form.
We consider several factors to determine how long we keep Personal Data. We consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. Once we no longer have a need for your Personal Data, we will securely destroy it in accordance with our standards and applicable laws and regulations.
You understand that when Personal Data is collected through the Site, we will transfer it within Epicor to the United States and other locations around the world. The United States and other jurisdictions may not provide data protection or privacy laws equivalent to the laws of your country, however, we put appropriate measures in place to protect your personal information, such as EU Standard Contractual Clauses. You may contact us at [email address], to request a copy of the safeguards we have in place.
When Epicor receives formal written inquiries or complaints, Epicor will contact the individual regarding his/her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the handling of Personal Data that cannot be resolved between Epicor and an individual.
Epicor Software Corporation
Las Cimas II- 807 Las Cimas Parkway, Suite 400
Austin, Texas 78746
Attention: Legal Department
You may also contact our Data Privacy Officer by postal mail or email anytime.
Epicor Software Corporation
Attention: Data Privacy Officer
6 Arlington Square West
Bracknell RG12 1PU
Privacy Shield Policy
This Privacy Shield Policy ("Policy") describes how GROW Inc ("Grow") in the United States ("US") ("Company," "we," "our," or "us") collect, use, and disclose certain non-HR, personally identifiable information received from the European Economic Area ("EEA Personal Data") and Switzerland ("CH PersonalData") (collectively "EEA/CH Personal Data").
Grow recognizes that the EEA and Switzerland have established strict protections regarding the handling of EEA/CH Personal Data, including requirements to provide adequate protection for EEA/CH Personal Data transferred outside of the EEA and Switzerland. To provide adequate protection for certain EEA/CH Personal Data about consumers/corporatecustomers/clients/suppliers/business partners transferred from the EEA andSwitzerland, and received in the US, Grow has elected to self-certify to theEU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework administered by the US Department of Commerce (collectively “Privacy Shield”).
Grow has certified to the Department ofCommerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/; our Privacy Shield certification can be viewed here. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. .
For purposes of enforcing compliance with the Privacy Shield, Grow is subject to the investigatory and enforcement authority of the US Federal Trade Commission.
Personal Data Collection and Use
Grow may collect the following categories ofEEA/CH Personal Data: information about customers, potential customers, prospects and partners like their first name, last name, email address, title, and phone number.
We process EEA/CH Personal Data for the following purposes: provide requested services; send emails or other information or materials requested; understand needs and interests and tailor the Site and our services accordingly; respond to questions and comments and provide customer support; communicate about our services, offers, and promotions; operate, evaluate, and improve our business and the services we offer; enforce our Terms of Service and other agreements; and comply with applicable legal requirements and industry standards.
Grow only processes EEA/CH Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes. Before we use your EEA/CH PersonalData for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Grow maintains reasonable procedures to help ensure that EEA/CHPersonal Data is reliable for its intended use, accurate, complete, and current.
Data Transfers to Third Parties
Third-Party Agents or Service Providers. We may transfer EEA/CH Personal Data to our third-party agents or service providers who perform functions on our behalf. Where required by the PrivacyShield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection thePrivacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA/CH PersonalData in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA/CH Personal Data that we transfer to them.
Disclosures for National Security or LawEnforcement. Under certain circumstances, we may be required to disclose your EEA/CH Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Grow maintains reasonable and appropriate security measures to protect EEA/CH Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the EEA/CHPersonal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield.These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA/CH Personal Data, you can submit a written request to email@example.com. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
Questions or Complaints
You can direct any questions or complaints about the use or disclosure of your EEA/CH Personal Data to us at firstname.lastname@example.org[IS1] .
We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA/CH PersonalData within 45 days of receiving your complaint. If we have not been able to satisfactorily resolve the issue, GROW has further committed to cooperate with the International Centre for Dispute Resolution/ American ArbitrationAssociation (“ICDR/AAA”), which can be contacted here, and the Swiss Federal Data Protection and InformationCommissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland, respectively.
Binding Arbitration. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with GROW and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the USDepartment of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department ofCommerce’s Privacy Shield Framework: Annex I (Binding Arbitration).
If you have any questions about this Policy or would like to request access to your EEA/CH Personal Data, please contact us as follows: Ryan Voorhis, email@example.com.
Changes To This Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.
Effective Date: 31 December 2017
Last modified: 17 June 2019
This Site is comprised of various Web pages operated by Epicor Software Corporation and its Affiliates and wholly owned subsidiaries ("Epicor").
Epicor authorizes you to view and access the "Content" on the Site strictly in accordance with and subject to these Terms and the Epicor Privacy Statement. "Content" includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written customer agreement ("Customer Agreement") with Epicor under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Epicor or the copyright owner. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf or yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Epicor reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
The Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Epicor and Epicor is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Epicor is not responsible for webcasting or any other form of transmission received from any Linked Site. Epicor provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Epicor of the site or any association with its sponsor or operator.
As a condition of your use of the Site, you warrant to Epicor that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
(a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations;
(c) not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by Epicor in writing;
(d) not conduct or forward surveys, contest, pyramid schemes or chain letters;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their consent (and Epicor’s consent);
(f) comply with all of Epicor’s requirements, procedures, policies regarding visitation and use of the Site and all applicable laws and regulations;
(g) not take any action that imposes, or may impose, in the sole discretion of the Epicor, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; or,
(h) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
Epicor has no obligation to monitor use of its Site. However, Epicor reserves the right to review and remove any materials from any source in its sole discretion.
Epicor reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
Epicor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Epicor's sole discretion and in accordance with Epicor’s Privacy Statement.
Epicor may, but is not obligated to, monitor or review any areas, if any, of the Site where users transmit or post communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or other user forum, or any transaction exchange, nor is Epicor obligated to monitor or review the content of any such user communications. Epicor shall have no liability or obligation whatsoever related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Epicor retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Access to some content accessible from the Site may be password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Epicor as a result of the misuse of your user name, password or account.
Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by Epicor or the original creator of the Content. Epicor also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Epicor or its affiliates or subsidiaries. These marks may only be used as described in our Trademark Guidelines or with our express written permission. Please see the following for our Trademark Guidelines.
C. Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Epicor reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Epicor cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from a Site ("Software") or subscribe to any services offered through a Site, use of such Software, or subscription to such services is subject to the terms of the associated written Customer Agreement. You may not download or install the Software, or utilize Epicor services, unless you are a party to (or a user covered under) the applicable Customer Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Customer Agreement, you assume all risks associated with any Software you may download, access or use.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF EPICOR SERVICES, IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, EPICOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL EPICOR AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF EPICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With the possible exception of in connection with password protected and/or secure/restricted areas of this Site, Epicor does not want to receive confidential or proprietary information from you on this Site. Other than personally identifiable information (which is covered under the Epicor Privacy Statement), any material, information or other communications that you transmit or post to a Site (“User Communications”) will be considered non-confidential and non-proprietary. Epicor will have no obligations with respect to such User Communications. Epicor and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Epicor any such User Communications, you also agree that Epicor is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, EPICOR DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EPICOR FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND EPICOR MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EPICOR, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEAGL THEORY AND WHETHER OR NOT EPICOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Software and other Content made accessible under these Terms may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Software, Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Epicor’s historical experience and our present expectations or projections. These risks include, but are not limited to, Epicor’s ability to rapidly develop and introduce new products; reliance on third-party products; reliance on emerging technologies and markets; the timely availability and market acceptance of new products and upgrades; the impact of competitive products and pricing; and the discovery of undetected software errors; and other risks discussed in our Company's filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Epicor undertakes no obligation to publicly update or revise any forward-looking statements.
These Terms shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Epicor a notice requesting that Epicor remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Epicor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Epicor Software Corporation
Las Cimas II- 807 Las Cimas Parkway, Suite 400
Austin, TX 78746, USA
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
Although this Site is accessible worldwide, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
This site is created and controlled by Epicor Software Corporation in the State of California, USA. Thus, to the maximum extent permitted by applicable law, these Terms and the Privacy Statement are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State and Federal courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epicor as a result of this agreement or use of the Site. Epicor's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Epicor's right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Epicor with respect to such use. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and Epicor with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Epicor with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Epicor and the Epicor logo are trademarks of Epicor Software Corporation, registered in the United States, certain other countries and/or the EU.
1. WHAT ARE COOKIES?
Cookies are small text files that are saved on your computer or mobile device when you visit the Website. It enables the Website to record and/or remember your actions and preferences. Cookies contain information that is transferred to your computer’s hard drive. The type of Personal Data that each specific cookie on this Website processes is described in section 4 (“Which specific cookies does Epicor use?”).
For more information about cookies, please visit www.allaboutcookies.org.
2. WHICH TYPES OF COOKIES DOES EPICOR USE?
Epicor uses the following categories of cookies on this Website:
Please see below a more detailed list of the cookies we use on the Website.
The cookies used by Epicor are either first party or third-party cookies. First party cookies are used by Epicor and share the same domain. Third-party cookies, on the other hand, are used by a third party provider or organization with different domains.
3. HOW CAN YOU CONTROL COOKIES?
Strictly necessary cookies are necessary to provide the Website to you. We use such Strictly Necessary cookies without your prior consent.
All other cookies are used only after you have consented via the cookie consent screen or preference center on our Website.
You can withdraw your consent at any time from cookies that are not strictly necessary, for example, by deleting the cookies directly or by opting out via changes to your Cookie Settings. If you do not accept all cookies or withdraw your consent, you may still browse the Website; however, in this case you may not be able to use the full functionalities of the Website.
You may also configure the settings of your browser to activate, disable or delete cookies. Detailed instructions are provided by your browser. If you disable or delete cookies, however, you may have to manually adjust some preferences every time you visit the Website and some services and functionalities may not work.
4. WHICH SPECIFIC COOKIES DOES EPICOR USE?
We use the following specific cookies on our Website:
6. HOW CAN YOU CONTACT US?
If you have any questions regarding our Cookies Policy, can you send your request for the attention of our Data Protection Officer to
Epicor Software Corporation
6 Arlington Square West
Berkshire RG12 1PU
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