ABOUT NEWS & EVENTS PROJECTS GUARANTY SHOP ONLINE CART DERBIGUM SOLUTIONS DOCUMENTATION PROJECTS TOOLS CONTACT US HOME > LEGAL LEGAL Terms of Use and Privacy Policy Terms of Use Last Modified: March 14, 2017 Privacy Policy Last Modified: March 14, 2017 TERMS OF USE Acceptance of the Terms of Use Welcome to the website of DERBIGUM America’s inc.., a Delaware Corporation, (“DERBIGUM”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of <https://derbigum.us/>, including any content, functionality, and services offered on or through <https://derbigum.us/> (the or this “Website”). Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Changes to the Terms of Use We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. Accessing the Website and Account Security We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for: Making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access some of the resources the Website offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Intellectual Property Rights The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DERBIGUM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. In connection with your use of this Website, you must not: Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you wish to make any use of material on the Website other than that set out in this section, please address your request to <info@derbigum.us>. 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 the Terms of Use, your right to use the Website will cease 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 DERBIGUM. 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. Trademarks The DERBIGUM name, the DERBIGUM logo, and all related names, logos, and product names are trademarks of DERBIGUM or its affiliates or licensors. You must not use such marks without the prior written permission of DERBIGUM. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DERBIGUM or users of the Website or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website. Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. While we have made what we believe to be a commercially reasonable effort to post only accurate information, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Linking to the Website You may link to our homepage, 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 our express written consent. You must not: Establish a link from any website that is not owned by you. Cause this Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of this Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice. Links from the Website If the Website contains links to other sites 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 websites. Geographic Restrictions The owner of the Website is based in the state of Ohio in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DERBIGUM NOR ANY PERSON ASSOCIATED WITH DERBIGUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DERBIGUM NOR ANYONE ASSOCIATED WITH DERBIGUM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DERBIGUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL DERBIGUM, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless DERBIGUM, its affiliates, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Web site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Ohio, without giving effect to any choice or conflict of law provision or rule (whether of the state of Ohio or any other jurisdiction that do or might require the application of the laws of another jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the Northern District of Ohio or the Court of Common Pleas for Medina County, Ohio, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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. Waiver and Severability No waiver of by DERBIGUM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DERBIGUM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and DERBIGUM with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Your Comments and Concerns This website is operated by DERBIGUM Amercias, Inc., 4800 Blue Parkway, Kansas City, MO 64130. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@derbigum.us Thank you for visiting the Website. PRIVACY POLICY Last modified: March 14, 2017 Introduction DERBIGUM Americas, Inc., a Delaware corporation (“DERBIGUM” or “we”), respects your privacy and we 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 <https://derbigum.us/> (the or our “Website”) or use one of our mobile applications and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect: On this Website. Through the use of one of our mobile applications. In email, text and other electronic messages between you and this Website. Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction 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. It does not apply to information collected by: us offline or through any other means; or any third party (including our affiliates and subsidiaries), including through any mobile application or content 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 or mobile application. By accessing or using the Website or mobile application, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Website or mobile application after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. People Under the Age of 13 Our Website and mobile applications are not intended for people under 13 years of age. No one under age 13 may provide any information to or on the Website or through a mobile application. We do not knowingly collect personal information from people under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features or on or through any feature of any mobile application provided by us, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 13 without verification of parental consent, we will delete that information. Information We Collect About You and How We Collect It We collect several types of information from and about users of our Website and mobile applications, including information: by which you may be personally identified, such as name and email address (“personal information”); and/or about your internet connection, the equipment you use to access our Website or mobile applications and usage details. 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 and other tracking technologies. Information You Provide to Us. The information we collect on or through our Website or mobile applications may include: Information that you provide by filling in forms. This includes information provided at the time of subscribing to our newsletter. We may also ask you for information when you report a problem with our Website or mobile application. 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 or mobile applications and of the fulfillment of your orders. You may be required to provide financial information before placing an order. Your search queries. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website and/or mobile applications, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: Details of your visits to our Website or use of our mobile applications, including traffic data, location data, logs, and other communication data and the resources that you access and use. Information about your computer and internet connection and/or mobile device, including your IP address, operating system and browser type. The information we collect automatically is statistical data and could include personal information, or 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 mobile applications 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 and mobile applications according to your individual interests. Speed up your searches. Recognize you when you return to our Website or mobile applications. The technologies 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. Flash Cookies.Certain features of our Website may use locally 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. Web Beacons.Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit DERBIGUM, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity). We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us. 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, including for billing and collection. To notify you about changes to our Website or any products or services we offer or provide though it. 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 personal information that we collect or you provide as described in this privacy policy: To our subsidiaries and affiliates. 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 DERBIGUM’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by DERBIGUM 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. We may also disclose your personal information: 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 Useand other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DERBIGUM, our customers or others. 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 Flash cookie settings, 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. Data 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, behind firewalls. Unfortunately, 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. Changes to Our Privacy Policy It is our policy to post any changes we make to our privacy policy on this page, with a notice that the privacy policy has been updated on the Website home 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. If you have provided us with an email address, then you are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Contact Information To ask questions or comment about this privacy policy and our privacy practices, contact us at info@derbigum.us Thank you for visiting the Website. Our Other Brands SUBSCRIBE TO THE NEWSLETTER FIRST NAME LAST NAME EMAIL RESOURCES DOCUMENT LIBRARY FOLLOW US ABOUT DERBIGUM CAREERS CONTACT US FIND A REP