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EverTech Solutions Privacy Notice (Updated 08/14/2016)

By visiting the EverTech Solutions website or any other websites operated by EverTech Solutions or its affiliates (collectively, the “Site”), you agree to accept the practices described in this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please do not use the Site. Each time you use the Site, you should check the date of this Privacy Notice (which appears above) and review any changes that have been made since your last visit to the Site.

Throughout EverTech Solutions years of operation, we have developed relationships with our customers based on respect and integrity. We’re aware of the trust and confidence you demonstrate when you visit the Site and provide us with information. This Privacy Notice is posted to demonstrate our leadership in online security and customer service practices. We treat your information with the same honesty and sensitivity that we have displayed throughout our company’s history.

1. Personal Information Collected By EverTech Solutions

EverTech Solutions uses information that we collect from our visitors and customers to personalize and improve your visit and shopping experience at the Site. We gather the following types of information:

Information You Give to Us: We Collect Personal Information that is provided by Site users. “Personal Information” includes your name, address, telephone number, credit or debit card information, e-mail address, date of birth, IP address and the last four digits of your Social Security number. Personal Information is collected when you establish an account with us, place an order on the Site, participate in a contest, sweepstakes or on-line survey, or when you communicate with any of our departments such as customer service, sales or technical services through the Site, telephone, mail or fax. In some instances, we may obtain other peopleís names and email addresses that you may choose to provide as part of our “email a friend” feature.

Web Beacons: We (or service providers on our behalf) may collect information from visits to the Site through the use of “Web Beacons.” Web Beacons are web page elements which may employ cookie technology that enable us to record data about visits to or transactions made on the Site. This information is sometimes known as “clickstream data.” We may use this data to analyze trends and statistics to improve your online experience or our customer service. No Personal Information is collected through the use of Web Beacons on the Site.

Cookies: Through the use of cookies, we may also collect and analyze the IP address used to connect your computer to the Internet; computer and connection information such as your browser type and version; operating system and platform; purchase history; confirmation when you open e-mail that we send you; and the URLs which lead you to and around the Site including the date and time. You can generally set your browser to reject cookies or to notify you when you are sent a cookie. Software is also available from third parties which will allow you to visit the Site without providing this information. You are welcome to use the Site if you use such software but we will not be able to offer you our personalized services and we will be unable to accept any online orders from you.

Orders: If you place an order through the Site, you will be required to provide contact, billing, and payment information.

Catalog Requests and Email Newsletter Subscriptions: Upon placing an order through the Site, you will automatically begin receiving both the EverTech Solutions catalog and the EverTech Solutions e-mail newsletter, based on the Personal Information you have provided, unless you opt-out of receiving such communications. If you request an email newsletter subscription, we will send you an email confirming your request. This confirmation process allows you to unsubscribe if you change your mind and decide not to join the list. Furthermore, the confirmation email will alert you if someone else has entered your email address into our email newsletter subscription list. In order to make our email newsletters more relevant and useful to you, our servers may receive a confirmation when you open an email message from EverTech Solutions.

2. Use of Information Collected By Use

We use this information in an effort to improve your experience on the Site, to provide services to you and to communicate with you about information that you request. We may also use this information to help us target specific offers to you, to help us develop and improve our Site, and to tailor our Site to your interests.

3. Sharing of Information with Third Parties

We will not rent, sell or otherwise disclose your Personal Information to unrelated third parties without your consent, except as stated in this Privacy Notice.

Service Providers: We may employ other companies or individuals to provide certain services to or on behalf of us such as analyzing customer lists and data, or performing marketing or consulting services. These third parties (“Service Providers”) will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the Site. Such Service Providers are prohibited from using your Personal Information for any purpose other than that for which such party was engaged by us and/or as stated in this Privacy Notice. Any Service Providers that use data received from us may only do so in accordance with this Privacy Notice.

Credit Card Companies: If you place an order through the Site, the Personal Information you provide is transmitted to your credit card company to verify and authorize your purchase. At certain times we may offer financing options with or without third party participation. If you use a financing option, information provided by you (such as your address, birth date, social security number, and credit card number) may be used to request a credit report from third parties or may be sent to a third party for processing.

Third Party Marketing Partners: From time to time we might establish a business relationship with other third parties whom we believe are trustworthy. In such cases we might license, exchange, share and/or cross-reference information, including your name and postal mailing address that will enable such third parties to contact you regarding products and services that may be of interest to you. We will never share any telephone number(s), e-mail addresses, or credit card information which you have given us with any such third party partner(s).

Related Companies: We may share your postal and e-mail address, telephone number(s), customer preferences, and purchase history with other subsidiaries of our parent company, Systemax Inc. We will never share any credit card information which you have given to us with any of these related companies.

Aggregate Information: We provide aggregate information to some of our business partners. This information is used in a collective manner and does not identify you individually in any way. We collect and share aggregate information in order to know more about the general profile of our customers so that we can improve your shopping experience.

Shippers: If you make a purchase through the Site, your name, telephone number and shipping information must be provided to third party shippers such as UPS, FEDEX and the United States Postal Service to deliver your purchase. There also may be instances in which we drop-ship orders directly to you from one of our manufacturers or suppliers. These drop-shippers are only given your name, postal address, and telephone number for the sole purpose of fulfilling your order.

Third Party Transaction-Level Data: If you visit the Site from a third-party website the third-party website may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Site. Any transactions made at the Site while such a code is active will be reported back to the third party website. We will only report non-Personal Information to these websites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party websites that will allow them to personally identify you. The presence of a third party navigation bar at the top of any page on the Site is an indication that the third party website may be able to see your activity on the Site.

Links to Third Party Site: The Site contains certain links to third party websites, such as our vendors. We are not responsible or liable for the privacy practices or content found on these websites. We recommend that you check the privacy notice of each website you visit. Links to third party websites are provided solely for your convenience and any submission of data to such websites shall be at your sole risk.

Catalog Requests: When you request a catalog from us, we share your name and postal address with a third party fulfillment company for the sole purpose of sending you the requested catalog. This third party is not permitted to store the information is only authorized to use this information for to transmit catalogs to you.

Law Enforcement and Protection of Users: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates, customers, or its users. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

4. Affiliate Programs

We maintain relationships with third party affiliate websites. Although we do not and cannot control the activities of the third parties that operate such websites, we will cease doing business with any affiliate that engages in abusive practices, including, for example, spam, trademark infringement, predatory means of attracting visitors, or unlawful activities. To report abuse by an affiliate, please contact our Affiliate Manager via email at affiliates@EverTechDirect.com

5. Children and Privacy

The Site is a general audience website and is not directed to children under the age of 13. We will never knowingly collect personally identifiable information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide us with personally identifiable information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted Personal Information without verifiable parental consent, we will remove his or her personally identifiable information from our files. We understand that children may not fully understand all of the provisions of this Privacy Notice or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit. EverTech Solutions does not sell products to persons under the age of 18. If you are under the age of 18, you are required seek the consent of
your parent or guardian to purchase products from the Site.

6. Security

We employ 128-bit encryption technology in all areas of the Site which require you to provide your personal or account information, including those areas related to online ordering, order status, catalog request and contest forms. The Site utilizes industry-standard firewalls and Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive Personal Information, such as your name, address and credit card number.

You should recognize, however, that no computer system is fully secure and that there are inherent risks associated with Internet transactions. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favorite browser, which should have full SSL support.

7. Corrections/Information Removal/Opt-Out

If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us at privacy@EverTechDirect.com. In addition, if you no longer wish to receive communications from us you may opt-out by emailing us at privacy@EverTechDirect.com, sending a letter to: EverTech Solutions Privacy Officer, 3200 S.E. Palmquist Rd 21, Gresham, Oregon 97080 or by clicking on the unsubscribe link within any marketing e-mail you receive from us. If you no longer wish to receive our catalog, you may call us at 503-272-1269 , email us at privacy@EverTech Solutions.com or send a letter to: EverTech Solutions Privacy Officer, 3200 S.E. Palmquist Rd 21, Gresham, Oregon 97080.

8. Contact Information

If you have any questions or concerns about this Privacy Notice, please e-mail us at privacy@EverTechDirect.com or send a letter to: EverTech Solutions Privacy Officer, 3200 S.E. Palmquist Rd 21, Gresham, Oregon 97080

9. Business Transfer

EverTech Solutions is a wholly owned subsidiary of Chad Boston. However, in the event that EverTech Solutions is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of EverTech Solutions may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and aggregate information we have collected from users of the Site.

10. Limitations On Liability

IN NO EVENT WILL EverTech Solutions OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EverTech Solutions OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Labor Contract

This Invoice and Agreement (“Agreement”) is between the Client described on the front side of this page or on the separate Invoice and Agreement page (“Client”) and EverTech Solutions (“ETS”), and sets forth the terms and conditions under which ETS agrees to provide the Client service. All maintenance services for the computer systems and computer related equipment (“Equipment”) are included under the terms of Agreement.

1. ENTIRE AGREEMENT/ACCEPTANCE: This Agreement, including work to be performed and service options, constitutes the entire Agreement between the Client and ETS. All prior agreements, representations, warranties, statements, negotiations and understandings are superseded by this document. In the event of any inconsistency between this Agreement and any service order hereafter issued by Client, this Agreement shall take precedence. No provisions of this agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing from ETS.

2. WORK APPROVAL: Client agrees that signing the
‘authorized to commence work’ on the reverse side of this document authorizes ETS to complete work and/or replace parts as required within the scope of this Agreement. Unless specifically agreed to by ETS and Client, all exchanged parts become the property of ETS upon acceptance or work completed.

3. SECURITY AGREEMENT: HIPAA Compliance – All client communications, contract and business transactions are considered private and secure. All Client data and information will be kept private, secret and secure to the fullest extent possible, except when Federal, State and/or Local Authorities warrant.

4. TERMS OF PAYMENT: Unless written agreements are made prior to repair work commencement, Client agrees that payment for services and parts shall become due and payable in full before commencement of the authorized work and parts replacement. ETS shall have no obligation to release Equipment unless signature is placed on the second signature area on the Invoice. If Client provides a payment that is unable to be negotiated, Client agrees to fund ETS with cash within seven (7) days or the Equipment in for service becomes the property of ETS. If Client fails to pay any charges when due and payable, Client agrees that ETS shall have the right to invoice and Client will pay all costs, including reasonable attorney fees expended in collecting over due charges and a late charge of 1.5% per month. There is also a $50.00 Returned Check Fee. The balance plus any fees incurred can be billed to Client’s credit card if listed on the reverse side of this Invoice and Agreement. Client agrees to allow Chad Boston, ETS or Discreet Data Security to use PAYPAL to negotiate the provided credit card on the invoice. There may be a $5.00 or $10.00 additional fee for negotiating checks with certain financial institutions.

5. DELIVERY/RISK OF LOSS: The Client agrees that ETS shall not be liable for any special, incidental, indirect, consequential or inconsequential damages or for the loss of profit, revenue, software, or data, even if ETS has been advised of the possibility of such potential loss or damage. The Client agrees that ETS’s liability for damage to Equipment by negligence on the part of ETS, while in the possession of ETS, shall not exceed the current reasonable resale value of the Equipment. ETS shall not be deemed to have been negligent with respect to any equipment for which ETS is not contractually obligated to perform service, even if such a device is interconnected with contracted equipment. Client agrees that ETS will not have any responsibility for any service, hardware, software or other items, produced by any persons other than ETS. The express warranties set forth in this agreement are in lieu of all other warranties, express or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose. The Client is responsible to seek a remedy from the manufacturer/producer of hardware/software.

6. SOFTWARE/DATA RESPONSIBILITY: The Client is solely responsible for OS Software on the PC and accept all legal ramifications of the existence of counterfeit software and the protection, backup and restoration of all data and software versions on Equipment turned over to ETS for service, unless ETS is contracted for such a purpose. There is however no guarantees to the amount of data that can be successfully transferred, retrieved, backed up, restored or otherwise salvaged. Furthermore, Client is strongly encouraged to make backups of all magnetically/optically stored media prior to delivery of Equipment to ETS; ETS will never knowingly transfer nor work with any pornography, legal or not. Any child pornography that is revealed during the repair will be reported to the appropriate authorities and this contract will be considered satisfied in full. ETS is not responsible for counterfeit or pirated software the customer is.

7. LIMITED WARRANTIES: (No cash refunds) ETS warrants that the parts purchased from ETS only under this work order shall be free from defect for a period of thirty (30) days if equipment is utilized under normal use and service. ETS shall replace or repair, at ETS’s discretion, the defective component(s). Such obligation and remedy are conditioned upon (a) the Equipment not having been altered, mishandled, misused (including use in conjunction with equipment electrically or mechanically incompatible or of inferior quality or performance), improperly stored, operated or repaired, damaged by fire, infected with viruses, installation of peer to peer file sharing software, power failure, explosion, act of nature or any operation not within original manufacturer’s specifications, and (b) notice of the defect having been received by ETS during the warranty period. (c) Remote connection software that the client agrees must be fully functional and permission is granted that ETS can access said equipment. The repair or replacement of the defective component shall not extend the warranty period. All sales are final. No cash refunds will be issued. If any individual other than ETS services Equipment, all warranties will be void.

8. CLIENT SATISFACTION: Client agrees that ETS desires to provide superior service. However, the Client also understands that, although ETS will fulfill this agreement contractually, the Client may still be dissatisfied. Therefore, if the Client reports or complains verbally or in writing to any business reporting agency, individual, third party, or government agency, he must prove conclusively that the contract itself was not fulfilled specifically. If the Client cannot prove specifically that the contract was not fulfilled, the Client accepts responsibility to pay $10,000.00 as compensation for liable and/or slander to ETS’s representatives. This penalty will be collected through lien on real property, and/or payroll garnishment if said report or complaint is not rescinded, retracted, or otherwise corrected completely in writing within 72 hours of ETS’s notification.

9. SUBCONTRACTORS: Client agrees and understands that ETS, in the normal course of performing work for Client, may from time to time contract out various work and services to subcontractors or agents of ETS. ETS assumes the responsibility for subcontracted work and services in a manner as if work were performed by ETS.

10. EXCUSABLE DELAYS: Estimated completion dates are ETS’s best estimate of when it’s obligations under the agreement will be fulfilled. Neither contractor nor ETS shall be deemed in default for delay, failure in performance, loss or damage due to any causes beyond their reasonable control.

11. ACCESS TO EQUIPMENT: ETS shall have free and full access to the equipment in order to perform its obligations under this Agreement. Client shall provide adequate working space and facilities for ETS representatives, including heat, light, ventilation and electrical current and outlets. An environment free from abusive or derogatory speech and conduct is required, and the decision to terminate this contract is based on the technician’s sole discretion. If the technician chooses to leave under this circumstance, the contract will be deemed satisfied. ETS shall not be required to move furniture or any other objects while on Client’s premises.

12. GOVERNING LAW: This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the state of Oregon.