General terms & conditions

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

ALL SALES FINAL.  Items not in stock are assigned to the next available unit, based on date/time of order.   If you wish to confirm stock status prior to ordering, please call 979-314-0537 to inquire.   Shipping timeframes are applied at time of shipment, not time of order.

If ordering for a student, place the order in the student’s name.  This will speed up processing and ensure the student can get service should they require service later.

Please reference your Texas A&M affiliation (student, former student, faculty, staff) in the comments if you do not use an email ending in @tamu.edu.    Your order may be delayed or cancelled if we are unable to locate your Texas A&M affiliation.

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS MAY REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH 12TH MAN TECHNOLOGY OR ITS AFFILIATES, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through shop.12thmantechnology.com (the "Website"). These Terms are subject to change by 12th Man Technology and its affiliates (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Modified Date" referenced here and on the Website. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Modified Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website (see Section 10).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Orders may not be canceled once processed.
   
   
3. Prices and Payment Terms.

(a) Prices posted on this Website may be different from prices offered by us at 275 Joe Routt Blvd, LL 201, College Station, Texas, 77840. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept PayPal, credit and debit cards for all purchases. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

    4. Affiliation with Texas A&M University.

(a) If you do not use your Texas A&M University email address for the order and/or you are not student/faculty/staff of Texas A&M University, please add a note indicating your affiliation with Texas A&M University. Please use PayPal for payments if you cannot be verified as a student/faculty/staff/former student of Texas A&M University. Your order may be cancelled if you use another payment method and we cannot verify your affiliation.

     5. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping timeframes and methods are applied at time of shipment, not time of order.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, lost deliveries, or undeliverable deliveries.

(c) If your ordered item is not in stock, orders are assigned to the next available unit, based on date and time of order. CURRENT SUPPLY CHAIN ISSUES MAY DELAY YOUR ORDER. If you wish to confirm stock status prior to ordering, please call 979-314-0537.

(d) The order must ship to the billing address associated with the payment method.

     6. NO RETURNS OR REFUNDS. ALL PRODUCTS SOLD ON THE WEBSITE ARE FINAL SALE AND NON-RETURNABLE. WE DO NOT OFFER REFUNDS ON ANY PRODUCTS.

     7. Manufacturer's Warranty and Disclaimers.

Except as provided for under our Protection Plans (https://shop.12thmantechnology.com/service/protection-plans-and-bundles/), we do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website may be covered by the manufacturer's warranty as detailed in the product's description on our Website or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury resulting from our acts or omissions.

9. Indemnification.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions (as defined below), any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
   
   
10. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
    
    
11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, attached hereto as Exhibit A, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
    
    
12. User Contributions. The Website may contain message boards, chat rooms, personal web pages, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter “post”) content or materials (collectively “User Contributions”) on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. User Contributions do not reflect the views and opinions of the Company, its agents or affiliates. User Contributions reflect the views and opinions of the persons who post the User Contributions. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. The Company reserves the right to monitor all User Contributions and to remove any which can be considered inappropriate, offensive or causes breach of these Terms. You represent and warrant that:
    
    • You are entitled to post the User Contributions on our Website and have all necessary licenses and consents to do so.
    • The User Contributions do not invade any intellectual property right, including without limitation, copyright, patent or trademark of any third party.
    • The User Contributions do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
    • The User Contributions will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
      
      
13. Monitoring and Enforcement; Termination. We have the right to:
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, the Company does not filter, edit, publish, or review User Contributions prior to their presence on the Website and cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

14. Linking to the Website.
    • If you are one of the following organizations, or an owner or member of the same, you may link to our Website without prior written approval, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without express written consent:
      • Governmental agencies;
      • Search engines;
      • News organizations;
      • Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and
      • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
    • We may consider and approve other link requests from the following types of organizations:
      • Commonly known consumer and/or business information sources;
      • com community sites;
      • Associations or other groups representing charities;
      • Online directory distributors;
      • Internet portals;
      • Accounting, law and consulting firms; and
      • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (1) the link would not make us look unfavorably to ourselves or to our accredited businesses; (2) the organization does not have any negative records with us; (3) the benefit to us from the visibility of the hyperlink compensates the absence of the Company; and (4) the link is in the context of general resource information.

These organizations may link to our homepage so long as the link: (1) is not in any way deceptive; (2) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (3) fits within the context of the linking party’s site.

If you are an owner or member of one of the organizations identified in Section 14(b) and are interested in linking to our Website, you must inform us by sending an e-mail to [email protected]. Include your name, your organization name, contact information, and the URL of your website, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

• • Approved organizations may hyperlink to our Website as follows:
    • By use of our corporate name;
    • By use of the uniform resource locator being linked to; or
    • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s website.
  • No use of 12th Man Technology’s logo or other artwork will be allowed for linking absent a trademark license agreement.
  • iFrames. Without prior approval and written consent, you may not create frames around out Webpage that alter in any way the visual presentation or appearance of our Website.
  • Content Liability. We are not responsible for any content that appears on your website. You agree to protect and defend us against all claims that rise out of your Website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
  • Reservation of Rights. We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and the linking policy provided in this Section 13 at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms.
  • Links From the Website. If our Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website.
  • Removal of Links From Our Website. If you find a link on our Website that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links, but we are not obligated to remove any link and are not obligated to respond to you directly.

15. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national, state or local emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    
    
16. Governing Law and Jurisdiction. This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
    
    
17. Dispute Resolution and Arbitration. At 12th Man Technology’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
    
    
18. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    
    
19. Intellectual Property. The Website, and its entire contents, features, and functionality (including but not limited to all information, software, texts, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. All intellectual property rights are reserved. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store or transmit any of the material on our Website. You must not modify copies of any materials from this Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
    
    
20. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    
    
21. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of 12thMan Technology.
    
    
22. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
    
    
23. Notices.
    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected] or (ii) by personal delivery, overnight courier, or registered or certified mail to 275 Joe Routt Blvd, LL 201, Texas 77840. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
      
      
24. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    
    
25. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Website, our Website Terms and Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

 

EXHIBIT A

Privacy Policy

 

Last modified: March 28, 2024

 

NOTICE: We may sell your sensitive personal data.

12^th Man Technology (referred to as "Company" or "We" as the context may require) respect your privacy and are 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 shop.12thmantechnology.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we may collect:

• On this Website and on any other websites operated by the Company or our affiliates.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• Through offline interactions with the Company, its owners, employees and affiliates.

It does not apply to information collected by:

• Any other means, including on any other websites operated by any third party.
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through 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). 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.

1. 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. If you are under 13, do not use or provide any information on this Website 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, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13, 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, please contact us at [email protected].

2. 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, email address, telephone number, contact preferences, credit card information, occupation, and where you use your computer; and
  • About your internet connection, the equipment you use to access our Website, and usage details; and
  • About the Apple products you own, such as their serial numbers, date of purchase, and information relating to a support or service issue.

We collect this information:

• • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include, for example:

• • Information that you provide by willing in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services, positing material, requesting further services, downloading software updates, registering for a seminar, registering your products, purchasing products, or creating a personal Store ID. We may also ask you for information when you enter a promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information, such as credit card number, before placing an order through our Website.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”) through use of a bulletin board or chat room on our Website. Your User Contributions are posted on and transmitted to others at your own risk and you should be aware that any information you share is visible to other users. Any personal information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. The Company is not responsible for the personal information you choose to submit in these forums. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, the Company cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including, but not limited to:

• • Details of your visit 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 systems and browser type.

The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including 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.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technology we use for this automatic data collection may include:

• • 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.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). We may use this information to reduce or eliminate messages sent to a customer.
  • Click-Through URLs. Some of our email messages may contain a “click-through URL” linked to content on the Website. When you click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in the email.

We store all of this information in a secure database located in the United States.

3. 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 provide you with notices about your accounts and/or subscriptions, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • 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 of our Website.
  • To gain a better understanding of our customers and thus provide a more valuable service.
  • To determine how best to provide useful information to customers and to understand which parts of our Website, products, and services are of most interest to them.
  • To audit, research, and analyze our provided products to improve the Company’s products and services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may use your information to contact you about products and services that may be of interest to you. If you do not want the Company to keep you up to date with the Company’s news, software updates and the latest information on products and services, logon to https://shop.12thManTechnology.com and update your personal contact information and preferences.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume you met its target criteria.

4. 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 personal information that we collect or you provide as described in this privacy policy:

• • To our subsidiaries and affiliates.
  • To contractors, service providers, vendors, and other third parties we use to support our business. These companies help us process information, extend credit, fulfill customer orders, deliver products to you, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys.
  • 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 12th Man Technology’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by 12th Man Technology about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide is.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • When required by law, litigation, and if we determine that for national security, law enforcement, or issues of public safety, disclosure is necessary.

5. Choices About How We Use and Disclose Your Information

If you do not want 12th Man Technology to keep you up to date with 12th Man Technology news, software updates and the latest information on products and services, logon to https://shop.12thManTechnology.com and update your personal contact information and preferences. You always have a right to access and correct any information you have provided. You can request a copy of your information, your product registration history, and your interactions with our sales and support agents by contacting us at [email protected]. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may be in accessible or not function properly.

If you have questions or concerns about 12th Man Technology’s Customer Privacy Policy or data processing, please contact us. If you do not want 12th Man Technology to use your information, to communicate future sales, service or promotions, please let us know. If you notify us that you do not want us to use your information for a particular purpose, we will make every effort to remove what is not required by our vendors.

Our Website links to the sites of other companies. 12th Man Technology is not responsible for their privacy practices.

6. Data Security

We take precautions, including administrative, technical, and physical measures, to safeguard your information against loss, theft, and misuse, and have implemented measures designed to secure your personal information from unauthorized access, use, alteration, and disclosure. The 12th Man Technology Online Store uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make purchases from the 12th Man Technology Online Store, you must use an SSL-enabled browser such as Safari, Netscape Navigator 3.0 or later, or Internet Explorer. Doing so protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving our information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, 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.

7. Changes to Our Privacy Policy

The Company may update this privacy policy from time to time. When we change the policy in a material way, a notice will be posted on our Website along with the updated privacy policy. 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.

8. Conclusion

12th Man Technology takes protecting your privacy very seriously. To make sure your information is secure, we communicate these guidelines to 12th Man Technology employees and strictly enforce privacy safeguards within the company. In addition, 12th Man Technology supports industry incentives to preserve privacy rights on the Internet and in all aspects of electronic commerce.