Privacy Policy

Terms of Service

1. ACCEPTANCE OF TERMS – Seller acknowledges and accepts the Terms of the PO by signing and returning it to SLWM, LLC, or by its performance under the PO Seller agrees to comply with PO Terms and any documents related thereto. Any other Terms different from or in addition to these Terms whether contained in any acceptance this, or accompanying any delivery or otherwise are rejected by SLWM. SLWM may update or modify these Terms and conditions from time to time in its sole discretion.

2. PRICE – The PO price is that shown in the PO. If no price is set forth with PO, the Goods will be billed at the price last quoted or at the prevailing market price, whichever is lower. SLWM may set off any amount owed at any time by Seller to Purchaser against any amount payable at any time by SLWM for this PO. No extra charges of any kind will be allowed unless specifically agreed to in writing by SLWM. All applicable taxes arising out of transactions contemplated by the PO will be borne by Seller except as otherwise specified by the parties in writing.

3. DEFAULT – Time is of the essence of this PO. Purchaser may by written notice of default to Seller (a) terminate all or any part of this PO if: Seller fails to perform within the time specified herein (or any extensions agreed to by SLWM in writing) or fails to perform any of the other provisions of this PO, or so fails to make progress as to endanger performance of this PO; and (b) secure goods or services similar to those so terminated. Seller will perform the PO the extent not terminated and will pay SLWM for any excess costs for such similar goods or services. In lieu of termination for default, SLWM, at its sole discretion, may elect to extend the delivery schedule and/or waive other deficiencies in Seller’s performance, in which case for an equitable reduction in the PO price. If Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this Order, Seller will promptly notify Purchaser in writing. If Seller does not comply with Purchaser’s delivery schedule, Purchaser may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. The rights and remedies of Purchaser provided in this Section 3 are in addition to any other rights and remedies provided by the Uniform Commercial Code.

4. INVOICES AND PAYMENT – By accepting this Purchase Order, vendor agrees to all the Terms & Conditions which can be found at https://slwmco.com/terms as the same may be from time to time amended and unless expressly superseded or amended in writing by SLWM and Vendor through the SLWM Preferred Vendor agreement, or any other Vendor agreement with SLWM. All payments are made in US funds. All taxes shall be stated separately.

5. SHIPPING, PACKING – All Goods must be packed and shipped as specified by SLWM. Seller shall package the goods so as to avoid any damage in transit. If Purchaser does not specify the manner of packing shipment, route or carrier, Seller shall ship the goods at the lowest possible transportation rates to meet the PO delivery schedule.

6. INSPECTION – All goods and services will be subject to inspection by SLWM and its customer at all times and places, including the period of manufacture and in any event prior to final acceptance. Failure to inspect and accept or reject goods or services or failure to detect defects by inspection, will neither relieve Seller from responsibility for such Goods not in accordance with this PO nor impose any SLWM liability. Purchaser’s payment for the goods shall not constitute its acceptance of the goods. Goods rejected and goods supplied in excess of quantities ordered may be returned to the Seller at its expense. Payment, if any, made for any good rejected hereunder shall be promptly refunded by Seller. Seller will provide and maintain an inspection and process control system acceptable to Purchaser and its customer covering the goods and services ordered. Records of all inspection work by Seller will be kept complete and available to Purchaser and its customer during the performance of this PO and for five (5) years after Seller’s PO completion. If any of the Goods are defective, or otherwise not in conformity with the PO requirements, including, then SLWM, in addition to such other rights and remedies it may have by contract or by law or equity, at its sole discretion may reject and return such goods at Seller’s expense, require Seller to inspect the goods and remove nonconforming goods and/or require Seller to replace nonconforming goods or services with conforming goods or services at Seller’s expense.

7. WARRANTIES – Seller represents and warrants that (a) Seller will convey clear title to SLWM, (b) all services (i) are performed in accordance with the highest industry standards, (ii) are free from all defects, (iii) do not and shall not breach, conflict with, or constitute a default under any agreement, instrument, or federal or state law or regulation or infringe upon any patent, trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity (iv) are fit for the particular purposes for which they are acquired and are provided in strict accordance with the specifications or other requirements (including performance specifications) approved or adopted by Purchaser, and (c) all Goods sold will be of merchantable quality, free from all defects in design, workmanship and materials, not infringe upon any patent, trademark, trade name, service mark, copyright or other proprietary right of any person or entity, and fit for the particular purposes for which they are purchased and that the Goods are provided in strict accordance with the specifications, samples, drawings, designs or other requirements (including performance specifications) approved or adopted by SLWM. SLWM’s inspection or acceptance of the Goods shall not affect Seller’s obligations under these warranties. Seller shall replace or correct, at SLWM’s option defects of any Goods not conforming to these warranties. If Seller fails to correct defects in or replace nonconforming goods within ten (10) days from the date the Purchaser notifies Seller of the defect or defects, Purchaser may, upon ten (10) days prior written notice to Seller, either (i) make such corrections or replace such goods and charge Seller for all costs incurred by Purchaser, or (ii) revoke its acceptance of the goods in which event Seller shall be obligated to refund the purchase price and make all necessary arrangements, at Seller’s costs, for the return of the goods to Seller. All warranties of Seller herein or which are implied by law shall survive any inspection, delivery, acceptance or payment by SLWM. Any attempt by Seller to limit, disclaim, or restrict these warranties or any remedies of Purchaser, by acknowledgment or otherwise, in accepting or performing this PO, will be null, void, and ineffective without SLWM’s written consent.

8. CHANGES – SLWM may make changes to this PO, including changes to quantities, methods of shipment or packing and delivery schedules or locations of delivery. If any such changes cause an increase or decrease in the cost of or the time required for the performance of any work under this PO, an equitable adjustment will be made in the contract price or delivery schedule, or both, and this PO will be modified in writing accordingly.

9. CONFIDENTIAL OR PROPRIETARY INFORMATION – Any knowledge or information which the Seller will have disclosed or may later disclose to SLWM, and which in any way relates to the goods or services covered by this PO will not, unless otherwise specifically agreed to in writing by SLWM, be deemed to be confidential or proprietary information, and will be acquired by SLWM, free from any restrictions. Seller will keep confidential any technical, process, economic, or other information derived from drawings, specifications and other data furnished by SLWM in connection with the PO (in whatever form or format) and will not divulge, export, or use, directly or indirectly, such information for the benefit of any other party without obtaining Purchaser’s prior written consent. Vendor accepts full responsibility for compliance with all applicable laws in connection with Services requested including, but not limited to, compliance with HIPAA, Medicare rules and regulations, and the federal Anti-Kickback statute.

10. COMPLIANCE WITH LAWS – Seller represents and warrants that all Goods supplied hereunder will be produced in compliance with the applicable provisions of all federal, state, or local laws or ordinances and all related lawful orders, rules and regulations. Seller will also comply with any provisions, representations or agreements, or contractual clauses required to be included or incorporated by reference or operation of law in any PO.

11. INDEMNIFICATION – Seller shall indemnify and hold SLWM and its affiliates from and against any or all claims, demands, litigation or proceedings of whatever kind, including all direct, indirect, incidental or consequential damages relating to, arising out of, the Goods and/or services, the design, manner of preparation, manufacture, construction, completion, or delivery or non-delivery of any goods and/or services by Seller, any breach by Seller of any of its obligations hereunder. Seller shall, upon request, pay or reimburse SLWM or any other party entitled to indemnification hereunder for all costs and expenses, including attorneys’ fees, as incurred by SLWM or such other party in connection with any such claim, demand, litigation, proceeding, loss or damage. SLWM’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS PO IS LIMITED TO THE AMOUNT PAID BY SLWM FOR THE GOODS AND/OR SERVICES. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, SLWM SHALL NOT BE LIABLE UNDER THIS ORDER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES.

12. INSURANCE – Seller will maintain Comprehensive General Liability, Automobile Liability and Employers’ Liability insurance with limits as reasonably required by SLWM, as well as appropriate Workers’ Compensation insurance as will protect Seller from all claims under any applicable workers’ compensation and occupational disease acts. At SLWM’s request, Seller will furnish to Purchaser a Certificate of Insurance completed by its insurance carrier(s) certifying that the required insurance coverages are in effect, inclusive of Errors and Omissions coverage naming SLWM as an additional insured, and containing a covenant that such coverage and will not be canceled or materially changed until ten (10) days after prior written notice has been delivered to SLWM.

13. GOVERNMENT CONTRACTS – Seller shall comply with all pertinent provisions of government contract, executive orders and directives (whether applicable to SLWM, any SLWM Customer or both) to the extent that they apply to the subject matter of this PO and all such pertinent contract provisions, orders and directives are hereby incorporated by reference into this PO. A copy of the government contract’s terms and conditions will be given to Seller upon request.

14. MISCELLANEOUS

(a) NON ASSIGNMENT – Assignment of this PO, without the written consent of SLWM, will be void.

(b) TRANSPORTATION – All the prices are established as F.O.B. Seller and/or Origin Dock, Freight Prepaid, unless otherwise specifically provided in the PO. Title and risk of loss shall not pass to Purchaser until delivery of the Goods to the location designated on the face of this PO and acceptance by SLWM. If SLWM rejects the goods, receives a non-conforming tender, or revokes its acceptance, risk of loss and title shall be deemed to have remained with Seller. The responsibility for freight damaged merchandise will be assumed by Seller. Any unauthorized shipment, which will result in excess transportation charges, must be fully prepaid by the Seller. Seller will not declare any value on such materials shipped via United Parcel Service, Rail Express, Air Express, Air Freight or Parcel Post. Seller will release rail or truck shipments at the lowest released valuation permitted in the governing tariff or classification. Seller is obligated to use SLWM carrier accounts unless Seller provides lower cost alternative.

(c) ANTICIPATION OF DELIVERY SCHEDULE – Unless otherwise agreed in writing, Seller will not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Purchaser’s delivery schedule. Goods shipped to Purchaser in advance of schedule may be returned to Seller at Seller’s expense.

(d) SELLER’S INVENTORY – SLWM will have no obligation to request quotations or place POs with Seller, both of which will be in SLWM’s sole discretion.

(e) FORCE MAJEURE – SLWM may delay delivery and/or acceptance occasioned by causes beyond its control.

(f) REMEDIES – Each of the rights and remedies reserved to Purchaser in this Order shall be cumulative and additional to any other remedies provided in law or equity. No delay or failure by Purchaser in the exercise of any right or remedy shall affect any such right or remedy and no action taken or omitted by Purchaser shall be deemed to be a waiver of any such right or remedy.

(g) GOVERNING LAW – The PO, and all transactions relating to it, will be interpreted under and governed by the laws of the state of Delaware, without regard to its conflict of law principles. Each Party hereby waives, and agrees to cause each of its Affiliates to waive, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with the PO, and all transactions relating to it. Further, the United Nations Convention on the International Sale of Goods (1980) (as amended from time to time) will not apply to the Order or any related transactions.

(h) JURY TRIAL WAIVER – The Seller and SLWM hereby waive trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this PO.

(i) SURVIVAL – Seller’s obligations under Sections 6, 7, 8, 9, 10, 11, 12, 13, 14(a), (b), (c), (d), (f), (g) and (h), and 15 will survive any termination of this PO.

(j) WAIVER; MODIFICATION – No claim or right arising out of a breach of this Order can be discharged in whole or in part by a waiver or renunciation of the claim or right unless supported by consideration and in a writing signed by the aggrieved party. The failure of SLWM to enforce at any time or for any period of time any of the provisions hereof will not be construed to be a waiver of such provisions or of the right of SLWM thereafter to enforce each and every such provision.

15. ADDITIONAL TERMS FOR REGULATED AND HEALTH CARE CUSTOMERS OF SLWM – If SLWM notifies Seller or Seller is otherwise aware that the customer of SLWM is involved in the health care industry or otherwise subject to federal, state or local regulation related to the costs of providing services or products, then Seller agrees that, until the expiration of four (4) years after the furnishing of any goods and/or services pursuant to the PO, Seller will make available, upon written request of any regulatory authority or any of their duly authorized representatives, copies of the PO and any books, documents, records and other data of Seller’s that are necessary to certify the nature and extent of the costs incurred by the SLWM customer in purchasing such goods and/or services.  Seller further agrees to notify SLWM of any regulatory request for such books, documents, records or data.

Effective date – May 1, 2015; revised May 5, 2023

Privacy Policy

Introduction
SupplyLogic, LLC dba SLWM (“Company” or “SLWM”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website http://www.slwmco.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information and your rights regarding that information.

This policy applies to information we collect:

• on this Website;
• in e-mail, text and other electronic messages between you and this Website; and
• through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by:

• the Company offline or through any other means, including on any other website operated by the Company 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 or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes. Please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail 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 years of age 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 years of age, please contact us at 410-785-1111 (attention Compliance Department).

Information We Collect About You and How We Collect It

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

• by which you may be personally identified, such as name, postal address, e-mail address or telephone number (PII – Personal Identifiable Information);
• that is about you but individually does not identify you, such as the name of your employer and the services we provide in which you may be interested; and/or about your internet connection, the equipment you use to access our Website and usage details.

We collect this information directly and automatically from you when you provide it to us and as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.

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 Website. This includes information provided at the time of contacting us or requesting further services, literature, or other information. We may also ask you for information when you report a problem with our Website.
• records and copies of your correspondence (including e-mail addresses), when you contact us.
• details of transactions you carry out through our Website.

Usage Details, IP Addresses Cookies and Other Technologies.

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

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

The information we collect automatically is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns.
• store information about your preferences, allowing us to customize our Website according to your individual interests.
• recognize you when you return to our Website.

Cookies

• 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 Website. 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 Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash Cookies are not managed by the same browser settings as are used for browser Cookies.

Types of cookies do we use

Functionality – Our Company uses these Cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party Cookies are used.

Advertising – Our Company uses these Cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through Cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

Privacy policies of other websites

The SLWM website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

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 Website 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 carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• to notify you about changes to our Website or any products or services we offer or provide through it.
• to allow you to participate in interactive features on our Website.
• 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 PII (Personal Identifiable 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 a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
• to fulfill the purpose for which you provide it.
• for any other purpose disclosed by us when you provide the information.
• with your consent.
• to comply with any court order, law or legal process, including to respond to any government or regulatory request.
• to enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

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 Cookie settings, allaboutcookies.org or 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.

Marketing

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop SLWM from contacting you for marketing purposes or giving your data to other members of our Company.

If you no longer wish to be contacted for marketing purposes, please click here.

Data Storage/Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers. However, information transferred via the internet is not completely secure. We will protect your personal information to the best of our ability however, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Your data protection rights

SLWM would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access – You have the right to request SLWM for copies of your personal data. We may charge you a small fee for this service.
• The right to rectification – You have the right to request that SLWM correct any information you believe is inaccurate. You also have the right to request SLWM to complete the information you believe is incomplete.
• The right to erasure – You have the right to request that SLWM erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that SLWM restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to SLWM’s processing of your personal data, under certain conditions.
• The right to data portability – You have the right to request that SLWM transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: 410-785-1111.

Last Modified: February 3, 2023

Supplier Code of Conduct

SLWM is committed to conducting its business in an ethical, legal and socially responsible manner. This commitment extends to its partners with whom SLWM chooses to do business (each individually, a “Supplier”, and collectively “Suppliers”). SLWM expects the same high level of honesty and integrity of its Suppliers that it expects of its employees. This Supplier Code of Conduct (“Supplier Code”) represents SLWM’s fundamental expectations of Suppliers with respect to the safety of working conditions in the SLWM supply chain, that workers are treated with respect and dignity, and that manufacturing processes are environmentally and socially responsible. SLWM is also committed to ensuring the security of its information together with the information that it holds on behalf of its customers. To this end we expect Suppliers to be able to prove that they have appropriate security controls in place which are tested on a regular basis.

This Supplier Code applies to all SLWM Suppliers. As brand stewards, we are responsible for protecting and upholding our customers’ reputation. The principles within the Supplier Code speak to the commitments we make to our customers, our commitment to compliance with the law, and our relationships built on trust and corporate responsibility.

By working together, we will ensure that our actions benefit both our companies, our customers and our communities.

Supplier Obligations

Suppliers are responsible for compliance with the standards set forth in this Supplier Code and shall comply with all applicable laws, regulations, directives and other governing standards applicable to their specific industry. It is the responsibility of the Suppliers to inform their employees of this Supplier Code and ensure that everyone adheres to its obligations. Suppliers are expected to be familiar with the practices of all their agents, sub-suppliers, sub-contractors, manufacturers and facility operators to ensure that these third-parties also adhere to and operate within the guidelines of this Supplier Code, or an equally rigorous policy statement. If there is a conflict between existing local laws and this Supplier Code, the provisions of the local law shall take precedence. Where local industry standards are higher than applicable legal requirements, Suppliers shall adhere to the higher standards.

Labor and Human Rights

Forced Labor

Suppliers will not use forced or involuntary labor of any type (e.g., bonded, indentured or involuntary prison labor). Suppliers will ensure that hiring practices are in conformance with International Labor Organization (ILO) Conventions for minimum age (Convention 138), child labor (Convention 182) and modern slavery. Suppliers are encouraged to develop lawful workplace apprenticeship programs for the educational benefit of their workers, provided that all participants meet the minimum age requirements.

Child Labor

Child labor is not allowed in any form.

Fair Employment

Suppliers are to provide a workplace free from harsh and inhumane treatment, sexual harassment, abuse, mental or physical coercion, verbal abuse, or the threat of any such treatment. It is expected that Suppliers document disciplinary procedures and grievances.

Freedom of Association

SLWM encourages open and inclusive dialogue with their employees and their representatives. Employees should be free to join labor unions, seek representation, join works councils, and engage in collective bargaining.

Freely Chosen Employment

Suppliers will not use forced or involuntary labor of any type (e.g., bonded, indentured or involuntary prison labor). 

Modern Slavery

Modern slavery is a heinous crime that affects communities and individuals across the globe. Suppliers must ensure that their supply chain is transparent about the process through which it manages its employees.

Working Conditions

Suppliers are to provide workers with safe and hygienic working conditions. Access to clean toilet facilities, drinking water, and sanitary food storage facilities must be provided.

Wages and Working Hours

Suppliers shall, at a minimum, comply with all applicable wage and hour laws and regulations as well as the Modern Slavery Act of 2015, including those relating to minimum wages, overtime hours, piece rates and other elements of compensation, and provide legally mandated benefits. Workers should not be required to work more than 60 hours per week, including overtime, except in extraordinary business circumstances with their consent. Employees should be allowed at least one day off during a seven-day week.

Wages

Wages and benefits must meet national legal standards, as a minimum. Wages should be enough to meet basic needs and provide some discretionary income. Employees should receive all statutory benefits mandated by law, including, but not limited to, pension benefits, annual leave, and holidays.

Working Hours

Regular employment must be provided, working hours must not be excessive and overtime should be voluntary and not excessive. Employees should be provided with advance notice if overtime hours may be necessary.

Health and Safety

Suppliers will provide their employees with a safe and healthy workplace in compliance with all applicable laws, regulations and sound industry practice. Caution should be taken to minimize the risk of accident and injury. Employees should receive regular health and safety training, and accidents should be recorded. Consistent with these obligations, SLWM Suppliers must have and implement effective programs that encompass life safety, incident investigation, chemical safety, ergonomics, and other relevant protective elements.

Respect and Dignity

Employees will be treated with respect and will not be subjected to corporal punishment, threats of violence or other forms of physical coercion or harassment. There should be a policy that prohibits inappropriate conduct and a process for employees to report such conduct for investigation and resolution.

Suppliers must not engage in harassing or physically or verbally abusive discipline, act in a threatening way towards employees or submit employees to demeaning conditions.

Indigenous and Rural Communities

Suppliers must respect indigenous and rural communities’ legal, customary or user rights to

their territories, land and resources.

Non-discrimination

Suppliers will not discriminate in its hiring and employment practices on grounds of race, religion, age, nationality, social or ethnic origin, sexual orientation, gender, gender identity or expression, marital status, pregnancy, political affiliation, or disability, subject to local law.

Diversity, Inclusion and Gender Equality

Suppliers must not discriminate when recruiting, compensating, training, promoting, or terminating based on race, national or social origin, gender, age, physical characteristics, disability, union membership, religion, family status, pregnancy, sexual orientation, gender identity, gender expression, or any unlawful criterion. An inclusive and supportive workplace should be promoted, equal treatment exercised and diversity encouraged. Where applicable, gender pay gap reporting legislation must be observed. Plans to provide equal opportunities to employees irrespective of their gender must be developed.

Business Ethics

Ethical Standards

Suppliers will comply with all applicable laws and regulations in all locations where they conduct business, especially with respect to strict compliance with all laws and regulations on bribery, corruption and prohibited business practices. SLWM expects Suppliers to conduct their business in accordance with the highest ethical standards.

Business Integrity

Suppliers must not practice or tolerate any form of fraud, corruption, extortion, embezzlement, or money laundering. Suppliers must not accept or offer bribes or any unlawful incentives from/to business partners and/or public officials.

Conflicts of Interest

A conflict of interest is where personal interests compete, or appear to compete, with the ability to perform or exercise impartial judgement. Suppliers are to make decisions free of any conflict of interest.

Fair Competition

Suppliers should conduct business in compliance with fair competition and applicable anti-trust laws.

Hospitality and Gifts

Suppliers should not accept or offer gifts. Local laws should be followed when offering or accepting gifts, as gifts given inappropriately may violate such laws. Hospitality and gifts must be legal, transparent, and documented and be within policy limits for both the giver and receiver. Hospitality and gifts may not consist of cash or a cash equivalent

Security Compliance

Suppliers shall ensure that it has appropriate information security protection measures to manage the risks to the information provided by SLWM and the deliverables produced. As a minimum, information security protection should be included in the following areas: Information Security Management, Contingency Planning, Business Continuity and Disaster Recovery, Operations Security, Personnel Security, Communications Security and Physical Security together with evidence of regular testing.

Data Privacy

Suppliers must ensure that all employee, customer, and business partners’ data privacy rights are respected.

Information Security

Suppliers must have appropriate controls in place to manage the risks to SLWM’s confidential information and information entrusted to SLWM by its clients. In respect of Suppliers who will receive and process personal data, sensitive or highly sensitive data, SLWM will (at its discretion) require the Supplier to have an information security policy that is compliant with or equivalent to ISO 27000 series or SOC 2 Type 2.

Intellectual Property

Suppliers must safeguard and use confidential information appropriately and in compliance with all applicable legislation and regulation, ensuring that intellectual property rights are respected.

Vulnerability Scans and Penetration Tests

Suppliers will conduct regular penetration tests and vulnerability assessments to ensure continued compliance with this code and acknowledges that SLWM and/or a customer may require access to the Supplier’s systems or premises to audit such compliance.

Disaster Recovery Planning

Suppliers must have a disaster recovery plan which is documented, reviewed and regularly tested.

Environment

Suppliers will operate in a manner that protects the environment. Suppliers must comply with all applicable environmental laws, regulations and industry practices. Suppliers will comply with requirements regarding chemical and waste management and disposal, recycling, industrial waste-water treatment and discharge, air emissions controls, environmental permits and environmental reporting. Suppliers must also comply with any additional environmental requirements in SLWM’s product design and specifications, and contractual obligations. Suppliers must seek to reduce their environmental impacts and develop climate change adaptation and mitigation plans.

Environmental Management

Suppliers should have a complete and effective Environmental Management System (EMS) including written policies, processes, and requirements for environmental protection and pollution prevention/ source reduction, that is in accordance with laws, regulations, and industry standards.

Natural Resource Conservation

Suppliers should conserve natural resources in their operations and sourcing practices.

Reuse and Recycling

Suppliers should re-use and recycle materials where possible. Products and packaging should be designed to simplify re-use and recycling.

Waste

All waste should be managed in compliance with local laws. Proper handling, movement, storge, recycling and re-use of all waste should always be observed.

Energy Consumption

Suppliers should have programs for the efficient use and conservation of energy

Water Consumption

Suppliers should have programs for the efficient use and conservation of water

Water Emissions

Suppliers must comply with local laws relating to water emissions and waste

Transportation

Suppliers should seek to minimize the environmental impacts arising from transportation and logistics

Biodiversity

Suppliers should engage in practices that promote biodiversity

Conservation and Protection

Suppliers should obtain materials from certified sources, and/or use sustainable alternatives. Suppliers must never source products from ancient, endangered or illegal sources

Sustainable Procurement

Suppliers are expected to implement sustainable sourcing practices within their own organization.

Any sub-contractors, sub-suppliers or third parties working with the Supplier need to be aware of and compliant with this Code of Conduct, to ensure that the SLWM standards are upheld throughout the supply chain.

Last Updated: November 28, 2022 

MarketingBench Terms of Use

Effective Date: October 1, 2020

This Terms of Service and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which, Webb-Mason, Inc., the operator of this website and its affiliates (“Distributor”, “we,” “us” or “our”) offers you access to this website or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between Distributor and you. If you have a question about this Agreement or the Services, please contact Distributor via  compliance@webbmason.com.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
• YOU WILL COMPLY WITH THIS AGREEMENT; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT

IMPORTANT NOTE

Please read carefully the sections titled “DISCLAIMER OF WARRANTIES”, “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION”. These provisions limit Distributor’s liability to you and affect how disputes are resolved.

If you do not agree to any term of this Agreement, please do not use the Services.

1.0 – CHANGES TO TERMS

The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. It is your responsibility to review this Agreement from time to time for changes. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.

2.0 – ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3.0 – DISTRIBUTOR CONTENT

Distributor’s licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any brand names, artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Distributor Content”). All other trademarks not owned by Distributor that appear in the Services are the property of their respective owners.

If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy Distributor Content solely for your own personal use.

You may not:

• Incorporate any Distributor Content into any other work (such as your own website) or use Distributor Content in any public or commercial manner;
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Distributor Content in any form or by any means;
• Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Distributor Content; or
• ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT. DISTRIBUTOR IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. DISTRIBUTOR TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ANY ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.

4.0 – USING THE SERVICES

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Distributor treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Distributor may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Distributor using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

We do not guarantee availability of the Services at all times of the day. Distributor may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, Distributor has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.

You agree that you will not (and you agree not to encourage or allow any third party to):

• Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Distributor’s computer systems or networks,
• Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
• Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
• Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
• Use the Services to advertise, buy or sell any products or services;
• Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
• Reformat or frame any portion of the web pages that are part of the Services without Distributor’s written consent;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
• Create an Account under fraudulent pretenses; or
• Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

5.0 – PRODUCTS AND ORDERS

Certain products may be available exclusively online through the Services. These products may have limited quantities.

Prices for our products offered through the Services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Distributor. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCTS OR SERVICE WILL BE CORRECTED.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and Account information for all purchases made through the Services. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6.0 – SUBMISSIONS

Distributor may from time to time offer areas in the Services where you and other users can share information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

• Your Submission is true and accurate;
• You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to Distributor under this Agreement;
• Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
• Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

You acknowledge and agree that Distributor has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission. DISTRIBUTOR TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.

By sharing your Submissions, you grant Distributor and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Distributor’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

Distributor encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.

7.0 – DISCLAIMER OF WARRANTIES

Distributor that Distributor has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.

DISTRIBUTOR SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR DAMAGES ARISING FROM OR CONNECTED WITH ANY INACCURATE OR INCOMPLETE INFORMATION TO WHICH YOU HAVE ACCESS. DISTRIBUTOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY APPLICATION OF ANY INFORMATION, PRICING OR RESULTS, INTENDED OR UNINTENDED, OBTAINED THROUGH THE USE OF THE SERVICES. DISTRIBUTOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR THE CORRUPTION OF ANY OF YOUR DATA, SOFTWARE OR EQUIPMENT WHEN USING THE SERVICES. THE USE OF THE SERVICES AND THE PRODUCTS, SERVICES AND INFORMATION ON THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND DISTRIBUTOR MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY FOR INFORMATION, MERCHANTABILITY, QUALITY, SYSTEMS INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT, ANY AND ALL PRODUCTS, SERVICES AND INFORMATION PROVIDED BY DISTRIBUTOR AND ITS AFFILIATES UNDER, IN CONNECTION WITH OR RELATED TO THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

8.0 – LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST DISTRIBUTOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DISTRIBUTOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Distributor would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

9.0 – DISPUTE RESOLUTION

If you have a complaint about the Services, please contact Distributor via  compliance@webbmason.com.

To the maximum extent permitted by applicable law, you and Distributor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of the Distributor’s mailing address (“Distributor’s Jurisdiction”), without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Any dispute between you and Distributor and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the Distributor’s Jurisdiction, other than for actions to enforce any order or judgment entered by such courts.

10.0 – NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is the Distributor with its principle place of business being the address listed at the top of this webpage.

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

11.0 – INTERNATIONAL USE

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Distributor’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Distributor or its affiliates to any registration requirement within such jurisdiction or country.

12.0 – TERMINATION

You may terminate your Account at any time for any reason effective upon written notice to Distributor. Distributor reserves the right immediately to suspend or terminate your account and access to the Services without notice if Distributor believes you violated this Agreement.

Termination will not limit any of Distributor’s other rights or remedies. The sections titled Distributor Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

13.0 – LINKS TO OTHER WEBSITES AND SERVICES

This Service may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Distributor is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Distributor of the Linked Services or any association with the operators of the Linked Services. Distributor does not investigate, verify or monitor the Linked Services. Distributor provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

14.0 – GENERAL TERMS

• This Agreement (i) inures to the benefit of and will be binding upon Distributor’s and you and your successors and assigns, respectively and (ii) may be assigned by Distributor but you may not assign them without the prior express written consent of Distributor.
• This Agreement, together with our Privacy Policy, contain the entire understanding by and between Distributor and you with respect to the matters contained herein.
• If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
• If Distributor fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
• Nothing contained in this Agreement will be deemed to constitute Distributor or you as the agent or representative of the other or as joint venture or partners.
• If Distributor is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
• The headings and captions contained herein are for convenience only.
• This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

15.0 – QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact Distributor via  compliance@webbmason.com.

MarketingBench Privacy Policy

Effective Date: October 1, 2020

Webb-Mason, Inc., the operator of this website and its affiliates (referred to herein as “Distributor” or “we“) collect information about you when you use this website and other websites, applications or other online services that we operate (collectively, the “Services“).

BY USING THE SERVICES, YOU CONSENT TO THE PROCESSING OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES.

1.0 – SCOPE OF THIS PRIVACY POLICY

This Privacy Policy describes the information that Distributor collects (directly or indirectly) and why we collect it, what we do with the information we collect and how you can manage your information through the Services. This Privacy Policy applies to you when you use our Services or communicate with us offline, such as by telephone.

If a particular Service has its own privacy policy or links to a different privacy policy, then that privacy policy — not this Privacy Policy — applies. This Privacy Policy also does not apply to any website or service that does not display or link to this Privacy Policy.

Our agreements with certain customers may contain provisions about the collection, use, storage and disposal of Personal Information collected through the Services and offline. If a provision of a customer agreement conflicts or otherwise is inconsistent with a provision of this Privacy Policy, then such provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency.

This Privacy Policy is incorporated into and made a part of our Terms of Service. If you have not done so already, please also review the Terms of Service.

If you have a question about this Privacy Policy, please contact Distributor via Compliance@webbmason.com.

2.0 – INFORMATION WE COLLECT

“Personal Information“ is information that directly or indirectly identifies you, such as your name, email address and device identifiers.

“Usage Information” is information that, by itself does not individually identify you, such as browser type, operating system, the webpages you viewed and how long you viewed them. Distributor generally does not treat Usage Information as Personal Information unless required by applicable law.

We may link together different types of Usage Information or link Usage Information to Personal Information. If linked information directly or indirectly identifies an individual person, then Distributor treats the linked information as Personal Information.

For the purposes of this Privacy Policy, to “Process” Personal Information means to perform any operation on Personal Information, whether or not by automated means, such as collecting, recording, organizing, storing, adapting, using, disclosing, combining, erasing or destroying.

To Process your information as described in this Privacy Policy, we rely on the following legal bases:

(a)   Provide our Services to you: Most of time, the reason we process your information is to perform the contract that you have with us. For example, we use your information to maintain your account.

(b)   Legitimate interests: We use your information when we have legitimate interests in doing so. For example, we analyze users’ behavior to continuously improve Services and for administrative, fraud detection and legal purposes.

(c)   Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us via Compliance@webbmason.com.

3.0 – HOW WE COLLECT INFORMATION

User Provided Information: We collect information that you provide directly to us, such as when you create or modify your account, request customer support or otherwise communicate with us. This information includes (a) your name, postal address, email address and telephone number; (b) username, password and other registration information; (c) transaction-related information, such as when you download or use applications from us or register for the Services; (d) information you provide us when you contact us for help; and (e) other information you choose to provide and enter using the Services.

If you make payments through the Services we may also collect information required for payment processing, such as credit or payment card number, expiration date, cvv number, billing address, company name, and other information required for payment processing (“Payment Information“).

We use a third-party payment processors, currently Authorize.net and Cybersource (“Payment Processors”) to assist in securely processing your Payment Information. If you pay with a credit card the Payment Information that you provide through the Services is encrypted and transmitted directly to one of the Payment Processors. We do not store your Payment Information and do not control and are not responsible for the Payment Processors or its collection or use of your information. You may find out more about how the Payment Processors store and use your Payment Information by accessing the Payment Processor’s Privacy Policy.

Automatically Collected Information: The Services automatically collect information about how you use the Services, such as (i) your mobile device or computer type, including your system and application software; (ii) the type of mobile device or computer you use, the pages and screens you view and how long you viewed them; (iii) your mobile device’s unique device ID; (iv) the IP address of your computer or mobile device; (v) your operating system, traffic data, logs and other communication data; and (vi) metadata and other information associated with other files stored on your device (e.g., photographs, audio and video clips and personal contacts). Some of this automatically collected information is Personal Information.

Information Collected from Third-Party Sources: We may combine information we receive from other sources with information we collect through the Services. For example, (A) if you engage with a third-party site application whose API we use (or who uses our API), we may receive information about you or your connections from such site or application; or (B) if you are referred to us by one of our referral partners, we receive information about you from such referral partner.

4.0 – COOKIES AND OTHER DATA COLLECTION TECHNOLOGY

The Services may use cookies, pixel tabs (also known as web beacons, flash cookies and clear GIFs) and similar technology (“Data Collection Technology“).

Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (i.e., the internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie may contain information about your computer, such as user settings, browsing history and activities conducted while using the Services. A web beacon (also called a pixel tag or clear GIF) is a piece of computer code that enables us to monitor user activity and website traffic. To learn more about cookies and web beacons, visit www.allaboutcookies.org.

Data Collection Technology helps us improve your experience of the Services by, for example, storing your password, measuring the success of marketing campaigns, compiling statistics related to use of the Services and helping us analyze technical and navigational information about the Services in order to detect and prevent fraud.

We may use other Data Collection Technology to collect information from the computer or device that you use to access the Services, such as your operating system type, browser type, domain and other system settings, including the language your system uses and the country and time zone in which your computer or device is located.

We also use Google Analytics, which is a Google service that collects aggregate information about use of the Services and reports website trends. Google Analytics does not directly identify individual users. You can learn about Google’s practices and opt out by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

Your Control of Cookies: Some web browsers, including some mobile web browsers, provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. You also may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

Do Not Track Signals: Some web browsers, including Safari, Internet Explorer, Firefox and Chrome, incorporate a “Do Not Track” (“DNT“) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives such DNT signal, the browser can block that website from collecting certain Personal Information. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including Distributor, do not respond to DNT signals.

 5.0 – HOW WE USE INFORMATION

We may use the information that we collect about you to (a) operate and provide you with the Services; (b) enhance and improve the Services (e.g., by identifying business partners who can provide supplementary services); (c) fulfill any other purpose for which you provide your information; (d) carry out Distributor’s obligations and enforce Distributor’s rights arising under any agreement between Distributor and you; (e) notify you when updates to the Services are available; (f) send or facilitate communications between you and other users (e.g., between a driver and fleet operator in connection with your use of certain features of the Services); (g) determine how the Services are used, analyze trends and improve the Services; and (h) to secure and protect the Services and prevent and investigate fraud and other misuses of the Services.

6.0 – HOW WE SHARE INFORMATION

Distributor shares your Personal Information as requested by you (e.g., to process payments), for any purpose disclosed by Distributor when you provide such information, to fulfill the purpose for which you provide such information, and in order to provide the Services for which you signed up.

Distributor may share your information (a) with Distributor’s affiliates and business partners who help us provide, analyze and improve the Services; (b) with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Distributor’s assets; (c) to comply with any court order, law or legal process, including to respond to any governmental or regulatory request; (d) to carry out Distributor’s obligations and enforce Distributor’s rights arising under any agreement between Distributor and you; and (e) if Distributor believes disclosure is necessary to protect the rights, property or safety of Distributor, our customers or others. Additionally, we may share your information with companies that are conducting marketing and advertising to benefit Distributor. These third- party companies may use your contact information for communications and marketing purposes that support our activities. You are under no obligation to respond and the companies are restricted from using your contact information for any other purpose.

Distributor may disclose Usage Information without restriction.

7.0 – YOUR CHOICES ABOUT INFORMATION

You can stop collection of information by of the Services by ceasing to use such Services.

If you would like to review, correct, update or delete Personal Information that you have previously provided to us or if you would like to suppress, restrict or receive an electronic copy of your Personal Information (if these rights are provided to you by applicable law), please contact us via Compliance@webbmason.com.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database and any other limitations you would like to put on our use of your Personal Information. For your protection, we only fulfill requests when received from the email address associated with your account. We may need to verify your identity before fulfilling your request.

Every user is entitled to the following rights:

• Right to access – You have the right to request WebbMason for copies of your personal data. We may charge you a small fee for this service.
• Right to rectification – You have the right to request that WebbMason correct any information you believe is inaccurate. You also have the right to request WebbMason to complete the information you believe is incomplete.
• Right to erasure – You have the right to request that WebbMason erase your personal data, under certain conditions.
• Right to restrict processing – You have the right to request that WebbMason restrict the processing of your personal data, under certain conditions.
• Right to object to processing – You have the right to object to WebbMason’s processing of your personal data, under certain conditions.
• Right to data portability – You have the right to request that WebbMason transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via Compliance@webbmason.com.

Please note that we often need to retain certain information for recordkeeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion. We also may not allow you to review certain data for legal, security or other reasons.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:

(a)   the length of time we have an ongoing relationship with you and provide Services to you (e.g., for as long as you have an account with us or keep using the Services);

(b)   whether there is a legal obligation to which we are subject (e.g., certain laws require us to keep records of your transactions for a certain period of time before we can delete them);

(c)   whether retention is advisable considering our legal position (e.g., for statutes of limitations, litigation or regulatory investigations).

If at any time you believe that we have not adhered to this Privacy Policy, please let us know. We will use good faith efforts to determine and correct the problem.

Special Notice for California Residents:  If you are a Customer who resides in California you may request, once a year and free of charge, a list of the third parties to whom we have disclosed Personal Information (if any) for their own marketing purposes.  Contact us via Compliance@webbmason.com to make this request. However, we do not share your Personal Information with third parties for their own marketing purposes without your express consent. You can prevent the type of sharing by withholding consent.

The California Consumer Privacy Act (CCPA) also provides you as a California resident with several additional rights

• The right to request that we provide you with the following information.
  • The categories of Personal Information we have collected about you;
  • The categories of sources from which we collect your Personal Information;
  • The business or commercial purpose for collecting your Personal Information;
  • The categories of third parties with whom we have shared your Personal Information; and
  • The specific pieces of Personal Information we have collected about you.
• The right to request we delete the Personal Information we have collected from you, with some exceptions.
• The right to tell companies not to sell your personal information.  Please note, however, we do not sell Personal Information to third parties.
• The right not to be discriminated against for exercising any of these rights.

You, or an authorized agent, can exercise these rights by contacting us via Compliance@webbmason.com. In order to exercise these rights, we will have to verify your identity. We will do this by asking you to provide us with certain information we already have to confirm your identity. This can include your contact information, account number, or purchase history details.

8.0 – DECURITY OF YOUR INFORMATION

We are concerned about safeguarding your information. We use physical, technical, and organizational safeguards intended to protect information that we process and maintain. Unfortunately, however, no system or online transmission of information is completely secure. We cannot guarantee the security of information transmitted to or through the Services. Any transmission is at your own risk and we expect that you will use appropriate security measures to protect your information.

You are responsible for maintaining the security of any password or other form of authentication involved in obtaining access to password-protected or secure areas of the Services. Access to the Services through your credentials will be treated as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.

If you believe that information you provided to us is no longer secure, please notify us immediately via Compliance@webbmason.com.

9,0 – LINKS TO OTHER WEBSITES AND SERVICES

The Services may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from the Services. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of the information presented on or in such third-party website or service. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any Personal Information that you provide to these other websites and services.

10.0 – CHANGES TO PRIVACY POLICY

The Effective Date of this Privacy Policy is set forth at the top of this webpage. As we add new features to the Services, we may amend this Privacy Policy. If we make a material change to this Privacy Policy that reduces your privacy rights, we will notify you in advance by sending an email and/or posting a notice in the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

11.0 – CHILDREN’S PRIVACY

The Services are not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we have received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services.

12.0 – NOTICE TO INTERNATIONAL VISITORS

We are headquartered in the United States and the Services are controlled and operated from the United States. We process and store Personal Information in the United States, where privacy laws may not be as protective as in your place of residence. If you are using the Services from outside of the United States, by providing your Personal Information to us, you consent to the transfer of your Personal Information to the United States for processing consistent with this Privacy Policy.

13.0 – CONTACT US

If you have any questions regarding privacy while using the Services or have questions about our practices, please contact us via Compliance@webbmason.com

Connect Terms of Service

Last updated January 01, 2022

This Terms of Service and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which, Webb-Mason, Inc., the operator of this Website (“WebbMason”, “we,” “us” or “our”) offers you access to and use of the https://connect.webbmason.com Website or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between WebbMason and you. If you have a question about this Agreement or the Services, please contact WebbMason via compliance@webbmason.com.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
• YOU WILL COMPLY WITH THIS AGREEMENT; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT

IMPORTANT NOTE

Please read carefully the sections titled “DISCLAIMER OF WARRANTIES”, “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION”. These provisions limit WebbMason’s liability to you and affect how disputes are resolved.

If you do not agree to any term of this Agreement, please do not use the Services.

1. CHANGES TO TERMS

The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement without notice. It is your responsibility to review this Agreement from time to time for changes. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of our agreements, notices or statements about this Agreement.

2. ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3. CONNECT CONTENT

WebbMason retains full and complete title to all information and materials provided on or through or submitted to the Services, including any, artwork, graphics, text, video and audio clips, trademarks, logos

and other content (collectively, “Connect Content”). All other trademarks not owned by WebbMason that appear in the Services are the property of their respective owners.

By continuing to use the Services constitutes agreement with this Agreement (as well as any Additional Terms), and permits you to download, print and/or copy Connect Content solely for your own personal use.

You may not:

• Incorporate any Connect Content into any other work (such as your own website) or use Connect Content in any public or commercial manner;
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Connect Content in any form or by any means;
• Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Connect Content; or
• ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT. WEBBMASON IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. WEBBMASON TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ANY ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.

4. USING THE SERVICES

Age of Eligibility: You must be the age of legal majority or older to use the Services.

Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services without notice.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. WebbMason treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. WebbMason may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify WebbMason using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

We do not guarantee availability of the Services at all times of the day. WebbMason may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, WebbMason has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful purposes only.

You agree that you will not (and you agree not to encourage or allow any third party to):

• Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or WebbMason’s computer systems or networks,
• Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
• Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
• Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
• Use the Services to advertise, buy or sell any products or services;
• Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
• Reformat or frame any portion of the web pages that are part of the Services without WebbMason’s written consent;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
• Create an Account under fraudulent pretenses; or
• Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

5. DATA PRIVACY

The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), consequently if your interactions would be subjected to such laws, you may not use this Website. You may not use the Website in a way that would violate the Gramm- Leach-Bliley Act (GLBA).

For information pertaining to CCPA compliance, please review our Privacy Policy located at: https://slwmco.com/connect-privacy-policy/. Information pertaining to GDPR compliance is available upon written request by contacting WebbMason via compliance@webbmason.com.

6. SUBMISSIONS

WebbMason may from time to time offer areas in the Services where you and other users can share information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

• Your Submission is true and accurate;
• You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations as a Connect site user under this Agreement;
• Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
• Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

You acknowledge and agree that the WebbMason has the right (but not the obligation) to monitor Submissions and to alter, remove without notice or refuse to post or allowing posting of any Submission. WEBBMASON TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.

By sharing your Submissions, you grant WebbMason and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and WebbMason’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

WebbMason encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.

7. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST WEBBMASON ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WEBBMASON KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that WebbMason would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

9. DISPUTE RESOLUTION

If you have a complaint about the Services, please contact WebbMason via compliance@webbmason.com.

To the maximum extent permitted by applicable law, you and WebbMason agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Maryland (“WebbMason’s Jurisdiction”), without giving effect to the principles of conflicts of laws of such state and is binding upon the parties hereto in the United States.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Any dispute between you and WebbMason and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the State of Maryland, other than for actions to enforce any order or judgment entered by such courts.

10. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is WebbMason with its principle place of business being the address listed at the top of this webpage.

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

11. INTERNATIONAL USE

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

WebbMason’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject WebbMason or its affiliates to any registration requirement within such jurisdiction or country.

12. TERMINATION

You may terminate your Account at any time for any reason effective upon written notice to WebbMason. WebbMason reserves the right to immediately suspend or terminate your account and access to the Services without notice if WebbMason believes you violated this Agreement.

Termination will not limit any of WebbMason’s other rights or remedies. The sections titled Connect Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

13. LINKS TO OTHER WEBSITES AND SERVICES

This Service may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of WebbMason and WebbMason is not responsible for Linked Services or for any information or materials on, or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by WebbMason of the Linked Services or any association with the operators of the Linked Services. WebbMason does not investigate, verify, or monitor the Linked Services. WebbMason provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

14. GENERAL TERMS

§ This Agreement (i) inures to the benefit of and will be binding upon Connect site users and you and your successors and assigns, respectively and (ii) may be assigned by WebbMason but you may not assign them without the prior express written consent of WebbMason.

• This Agreement, together with our Privacy Policy, contain the entire understanding by and between WebbMason and you with respect to the matters contained herein.
• If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
• If Connect fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
• Nothing contained in this Agreement will be deemed to constitute Connect or you as the agent or representative of the other or as joint venture or partners.
• If Connect is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
• The headings and captions contained herein are for convenience only.
• This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewithin.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://slwmco.com/connect-privacy-policy/. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

17. QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact WebbMason via compliance@webbmason.com.

Webb-Mason, Inc.
10830 Gilroy Road
Hunt Valley, MD 21031
United States
Phone: 410-785-1111
compliance@webbmason.com
https://slwmco.com

Connect Privacy Policy

Introduction

Webb-Mason, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website http://connect.webbmason.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information and your rights regarding that information.

This policy applies to information we collect:

• on this Website;
• in e-mail, text and other electronic messages between you and this Website; and
• through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by:

• The Company offline or through any other means, including on any other website operated by the Company 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 or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail 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 years of age 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 years of age, please contact us at 410-785-1111 (attention Compliance Department).

Information We Collect About You and How We Collect It

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

• by which you may be personally identified, such as name, postal address, e-mail address or telephone number ( PII – Personal Identifiable Information);
• that is about you but individually does not identify you, such as the name of your employer and what services of ours in which you may be interested; and/or about your internet connection, the equipment you use to access our Website and usage details.

We collect this information directly and automatically from you when you provide it to us and as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.

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 Website. This includes information provided at the time of contacting us or requesting further services, literature or other information. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Details of transactions you carry out through our Website.

Usage Details, IP Addresses Cookies and Other Technologies.

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

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

The information we collect automatically is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

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

Cookies

• 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 Website. 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 Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Types of cookies do we use

Functionality – Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Privacy policies of other websites

The Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

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 Website 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 carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• 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 PII (Personal Identifiable 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 a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

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 cookie settings, allaboutcookies.org or 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.

Marketing

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop Our Company from contacting you for marketing purposes or giving your data to other members of our Company.

If you no longer wish to be contacted for marketing purposes, please click here.

Data Storage/Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers. However, information transferred via the internet is not completely secure. We will protect your personal information to the best of our ability however, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Your data protection rights

WebbMason would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access – You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
• The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
• The right to erasure – You have the right to request that Our Company erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to Our Company’s processing of your personal data, under certain conditions.
• The right to data portability – You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Special Notice for California Residents

If you are a Customer who resides in California you may request, once a year and free of charge, a list of the third parties to whom we have disclosed Personal Information (if any) for their own marketing purposes. Contact us via Compliance@webbmason.com to make this request. However, we do not share your Personal Information with third parties for their own marketing purposes without your express consent. You can prevent the type of sharing by withholding consent.

The California Consumer Privacy Act (CCPA) also provides you as a California resident with several additional rights

• The right to request that we provide you with the following information.
  • The categories of Personal Information we have collected about you;
  • The categories of sources from which we collect your Personal Information;
  • The business or commercial purpose for collecting your Personal Information;
  • The categories of third parties with whom we have shared your Personal Information; and
  • The specific pieces of Personal Information we have collected about you.
• The right to request we delete the Personal Information we have collected from you, with some exceptions.
• The right to tell companies not to sell your personal information. Please note, however, we do not sell Personal Information to third parties.
• The right not to be discriminated against for exercising any of these rights.

You, or an authorized agent, can exercise these rights by contacting us via Compliance@webbmason.com. In order to exercise these rights, we will have to verify your identity. We will do this by asking you to provide us with certain information we already have to confirm your identity. This can include your contact information, account number, or purchase history details.

NOTICE TO INTERNATIONAL VISITORS

We are headquartered in the United States and the Services are controlled and operated from the United States. We process and store Personal Information in the United States, where privacy laws may not be as protective as in your place of residence. If you are

using the Services from outside of the United States, by providing your Personal Information to us, you consent to the transfer of your Personal Information to the United States for processing consistent with this Privacy Policy.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 410-785-1111.

Last modified: February 17, 2022 by Lynn Brewton

Conflict Minerals Policy

The Conflict Minerals Rule, which was adopted under the Dodd-Frank Wall Street Reform and Consumer Protection Act, requires annual disclosure and reporting on the source and use of conflict minerals (“Conflict Minerals”), which refer to tantalum, tin, tungsten, or gold (“3TG”) that originate in the Democratic Republic of Congo (“DRC”) or adjoining countries (“Covered Countries”). Publicly traded companies that manufacture or contract to manufacture any products containing 3TG that are necessary to the functionality or production of their products must exercise reasonable diligence to determine the source of origin and chain of custody of such necessary 3TG and report their findings annually to the U.S. Securities and Exchange Commission (“SEC”). The Conflict Minerals Rule is intended by Congress to address the concern that the exploitation and trade of Conflict Minerals from the Covered Countries is helping to finance the ongoing conflict and humanitarian crisis in the DRC region.

As a company that provides procurement and manufacturing services to clients that are publicly traded, SupplyLogic, LLC dba SLWM (”SLWM”) hereby attests that it does not directly source any 3TG from mines, smelters, or refiners, and is several steps removed from the melting, smelting, and refining of 3TG. To the best of our knowledge, the products that we procure or manufacture for our clients do not contain any Conflict Minerals or their derivative. We therefore require the cooperation of our suppliers with this policy to enable us to assist our clients in meeting their SEC compliance obligations.

SLWM has the following expectations of its suppliers for products that we contract with them to manufacture:

• We expect our suppliers to promptly, completely and accurately respond to our informational requests with respect to any 3TG contained in products that are likely to include 3TG, including by providing a written attestation that the products provided to SLWM and its clients do not contain any Conflict Minerals that originated in the Covered Countries.
• We expect our relevant suppliers to (1) determine whether there is any 3TG in any products supplied to SLWM and its clients, (2) survey their upstream suppliers regarding Conflict Minerals and work with them to determine the ultimate source or chain of custody of any products containing 3TG, and (3) verify and document such information.
• At SLWM’s request, relevant suppliers will provide a description of the products containing 3TG, facilities, country of origin, and efforts to determine mine or location of origin, including survey responses from upstream suppliers.
• We expect our relevant suppliers to implement policies, due diligence frameworks and management systems to support compliance with these expectations, and require their upstream suppliers to adopt similar policies, frameworks and systems.
• We expect our suppliers to cooperate in the event we determine that any further inquiry or due diligence is required or advisable with respect to the traceability of any Conflict Minerals, and promptly implement any corrective actions identified and requested by SLWM.

SLWM believes in establishing and maintaining long-term relationships with suppliers whenever possible. However, if we determine that a supplier may be violating this policy, we may require them to commit to and implement a corrective action plan within a reasonable timeframe, or we may terminate our business relationship with such supplier. Nothing contained in this policy shall be interpreted to preclude SLWM from terminating any supplier relationship at any time for any reason.

Concerns or comments regarding this policy, or suspected violations of this policy, can be reported to compliance@slwmco.com.

Last Modified: February 16, 2023