ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE Use of Site Tenacity Unlimited Company ("TENACITYU") authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Disclaimers THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTENACITYUAL PROPERTY. TENACITYU's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. TENACITYU further does not warrant the accuracy and completeness of the materials, software or services at this Site. TENACITYU may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and TENACITYU makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local TENACITYU business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. Limitation of Liability IN NO EVENT WILL TENACITYU, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TENACITYU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Use of Software Any software or materials that are made available to download from this Site is the copyrighted work of TENACITYU and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT. User Submissions TENACITYU does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. TENACITYU will have no obligations with respect to the Communications. TENACITYU and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to TENACITYU for the purpose of receiving products or services will be handled in accordance with the TENACITYU Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Chat Rooms, Blogs and Other User Forums TENACITYU may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. TENACITYU, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TENACITYU retains the right to remove messages that include any material TENACITYU deems abusive, defamatory, obscene or otherwise unacceptable. Links to Third-Party Websites Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. TENACITYU has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, TENACITYU does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk. Linking to this Site You may create links to this Site from other sites, but only in accordance with the terms of the linking to TENACITYU Website below and in compliance with all applicable laws. Trademarks TENACITYU and the names of TENACITYU products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of TENACITYU and/or its subsidiaries. General TENACITYU administers this Site from its offices in Mountain View, California. TENACITYU makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. TENACITYU may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Guidelines for Linking to TENACITYU's Website A site that links to TENACITYU's website: * May link to but not replicate TENACITYU content * Should not create a browser or border environment around TENACITYU content * Should not imply that TENACITYU is endorsing it or its products * Should not misrepresent its relationship with TENACITYU * Should not present false information about TENACITYU products or services * Should not use the TENACITYU logo without permission from TENACITYU * Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups 1. Sites covered by this Privacy Statement This Privacy Statement apply to all Tenacityu.com-owned websites and domains ("TenacityU websites.") Links to non-TenacityU websites The TenacityU websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the TenacityU website. TenacityU does not control those sites or their privacy practices, which may differ from TenacityU’s. We do not endorse or make any representations about third-party websites. The personal data you choose to give to unrelated third parties is not covered by the TenacityU Privacy Statement. We encourage you to review the privacy policy of any company before submitting your personal information. Some third-party companies may choose to share their personal data with TenacityU; that sharing is governed by that third-party company’s privacy policy. 2. Types of information we collect This Privacy Statement covers personal information, non-personal data collection and aggregate reporting. *Personal information is information that is associated with your name or personal identity. TenacityU uses personal information to understand better your needs and interests and to provide you with better service. Once you choose to provide us with personal information, you can be assured it will be used only to support your customer relationship with TenacityU. We take seriously the trust you place in us. TenacityU will not sell, rent or lease your personal information to others. On some TenacityU websites, you can order products or services, apply for instant credit, request information, subscribe to marketing or support materials, register yourself or your TenacityU products, or apply for a job at TenacityU. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs and passwords, billing and transaction information, credit card information, contact preferences, educational and employment background, and job interest data. If you apply for instant credit, we will ask you to provide additional information such as salary, social security number and banking information. This information will be used by our financial services providers in determining whether to extend you credit. To personalize our websites, services or communications and improve our products and services, we may also ask you to provide us with information regarding your personal or professional interests, demographics, and experiences with our products or services. Providing this additional information is optional. * Non-personal information is data about usage and service operation that is not associated with a specific personal identity. TenacityU collects and analyzes non-personal information to evaluate how visitors use the TenacityU websites. Non-personal data we collect may include the pages visited on the TenacityU websites, unique URLs1 visited within Tenacityu.com, browser type and IP address(defined below). Most non-personal data is collected via cookies or other analysis technologies. TenacityU.com Web pages may use cookies, Web beacons and other technologies for data analysis and personalization services. TenacityU also places ads on other websites that may use cookies. . 3. Children’s privacy TenacityU is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. TenacityU does not knowingly collect information from children under the age of 13 and TenacityU does not target its websites to children under 13. 4. How we use your information TenacityU uses your personal information to provide you with services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a transaction or order, to communicate with you, to provide service and support, to update you on services and benefits, to personalize promotional offers and to personalize some TenacityU websites. Occasionally we may also use your information to contact you for market research regarding TenacityU products or services. We will give you the opportunity to choose your privacy preferences regarding such communications (see section 7, “Your privacy preferences and opting out”). Credit card information is used only for payment processing and fraud prevention. Sensitive personal information is collected only to facilitate our financial service providers’ credit decisions and will be shared with them only with your permission. Credit card information and sensitive personal data are not used for any other purpose by our financial services providers or TenacityU and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases. Personal data collected online may also be combined with information you provide TenacityU through other sources such as product registration, call centers or public events such as trade shows or seminars. Personal data given to TenacityU may be transferred across state and country borders for the purposes of data consolidation, storage and simplified customer information management. Non-personal data is aggregated for reporting about TenacityU website usability, performance and effectiveness. It is used to improve the customer experience, usability and site content. 5. Who we share your information with TenacityU will not sell, rent or lease your personal information to others. TenacityU will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information. TenacityU shares customer information across TenacityU-owned business entities and companies working on our behalf, but only as described above in “How we use your information.” TenacityU contracts with third-party service providers and suppliers to deliver complete products, services and customer solutions described in “How we use your information.” Suppliers and service providers are required to keep confidential the information received on behalf of TenacityU and may not use it for any purpose other than to carry out the services they are performing for TenacityU. These service providers may change or we may contract with additional service providers to better accommodate our customers. TenacityU will not share personal information with any other third parties without your permission, unless required by law enforcement action, subpoena, or local law. TenacityU or its related entities could merge with or be acquired by another business entity or some or all of their respective assets could be acquired. If such a combination or acquisition occurs, TenacityU will make every reasonable effort to notify you in the event we share with the merging or acquiring entity some or all of your personal information to continue serving you. 6. Your choices TenacityU gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product- and service-specific information and TenacityU-wide marketing communications. TenacityU-wide communications may include new product information, special offers, or an invitation to participate in market research. We give you a choice regarding delivery of TenacityU-wide communications by postal mail, e-mail and telephone. We will make every effort to honor your preferences. This option does not apply to communications for the purpose of administering order completion, contracts, support, product safety warnings or driver updates. 7. Your privacy preferences and opting out Non-subscription services TenacityU will not use your personal information for a different purpose than the one stated when you provided your data. Examples of unrelated uses include sending communications about special offers, product information, and marketing messages. You can, however, choose to receive these types of non-subscription communications by following the instructions below. Subscription services To opt-out of receiving communications you have expressly requested (such as e-mail newsletters, software updates, etc.), use any of the following methods: * Select the e-mail “opt-out” or “unsubscribe” link, or follow the opt-out instructions included in each subscription communication * Return to the Web page(s) where you originally registered your preferences and follow the opt-out instructions * Write to the Optout@teancityu.com – be sure to provide your name, e-mail and postal address, and relevant information about your TenacityU subscriptions and registrations 8. Your information and third-party companies Certain TenacityU services are linked with those from unrelated third-party companies, some which offer you the option to share with both TenacityU and the third party personal data you provide. Examples include the ability to register software products from multiple vendors from a single TenacityU Web page, to request communications from TenacityU marketing or solution partners, or to enable order completion through a reseller. We will not share your personal information with those third-party companies unless you make that choice. 9. Access to and accuracy of your information TenacityU strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain customer data accuracy. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data. Certain areas of TenacityU’s websites may limit access to specific individuals through the use of passwords and other personal identifiers. The most effective way to view and change your personal information is to return to the Web page where you originally submitted your data and follow the instructions on that Web page or use TenacityU Passport. 10. Keeping your information secure TenacityU is committed to protecting the information you provide us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, TenacityU has in place appropriate physical and managerial procedures to safeguard the information we collect. Credit card numbers are used only for processing payment and are not used for other purposes. As part of real-time payment processing, TenacityU subscribes to a fraud management service. This service gives you and TenacityU an extra level of security to guard against credit card fraud to protect your financial data. 11. Changes to this Statement If there are updates to the terms of TenacityU’s Online Privacy Statement, we will post those changes and update the revision date in this document, so you will always know what information we collect online, how we use it, and what choices you have. For material changes to this Statement, TenacityU will provide notification to affected customers. 12. Contacting us We value your opinions. If you have comments or questions about our privacy policy, please send them to the contactus@tenacityu.com. (1) A URL (Uniform Resource Locator) is the global address of documents and other resources on the World Wide Web. For example, http://www.tenacityu.com is the URL for Tenacity Unlimited’s U.S. home page. (2) An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer.