Terms and Conditions of Use

Copyright 2018 EPG MEDIA LLC All Rights Reserved

EPG Media LLC

10405 Sixth Avenue North

Suite 201

Plymouth, MN 55441

(763) 383- 4400

privacy@epgmediallc.com

EPG Media LLC wants you to have a positive experience in connection with our products and services. We want you to know that we respect the privacy and security of our users. Our goal is to provide you with an experience that delivers the information, resources and services that are helpful to you. In order to achieve this goal, we may collect information from you. We discuss our information collection practices below. This Privacy Policy sets forth the privacy principles we follow, in accordance with our operations.

This Privacy Policy sets forth the privacy practices with respect to your information when you use our software, mobile applications and services (“Services”) . If you do not agree to these terms, do not use the services.

This privacy policy (this “Policy”) describes the personal information we may collect from you, the purposes for which we collect it, how we use it and when we may share it with third parties. This Policy also describes the choices you can make about how we collect, use and disclose your information when you provide it to us on any EPG Media & Specialty Information property.

By using any of our websites and/or making online requests of products, you agree to the terms and conditions of EPG’s Policy. If our Policy changes in the future, we will notify our customers and website users of any such changes by posting an updated policy on our website.

Following the posting of such non-material changes, your continued use of any EPG’s websites will constitute your acceptance of these changes and you will be bound by such changes. If you do not continue to use the EPG’ websites following a change to our Policy but take no other action with respect to your personal information, our use of that information will remain subject to our Policy as it was in effect prior to the change. You are responsible for regularly reviewing this Policy and any changes thereto.

We may offer you the ability to connect with our websites or use our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Policy apply to all such mobile access and use of mobile devices. This Policy will be referenced by all such mobile applications or mobile optimized websites.

What kind of information does EPG Media LLC collect?

We may collect personal information from you when you save or otherwise provide your personal information to us, such as by setting up a user account and password, logging in as a registered user of EPG Media LlC for a product, placing an order for a product, providing information in your account (and you might have more than one, if you’ve used more than one e-mail address when shopping with us), interacting with us by phone, e-mail, or through our websites, mobile optimized websites, mobile applications or otherwise or if you complete an entry form to participate in a contest, promotion or survey, whether online or by mail. As a result of these actions, you might supply us with personal information, such as your name, e-mail and postal addresses, phone number(s), credit card information, names of people to whom purchases have been shipped, including address and telephone numbers, product interest information and financial information and in certain circumstances, your opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from our present and future affiliates or divisions. When you visit our website, we may also gather certain information automatically and store it in log files. This information may include without limitation browser information, Internet Service Provider (ISP), operating system, Internet Protocol (IP) addresses or other device identifiers, location and date/time stamp.

EPG Media LLC websites are intended for use by adults. EPG Media LLC does not knowingly collect any personal information from children under the age of 13. Those under age 13 should not use EPG Media LLC websites or provide us with any personal information.

What information is collected and how it is used?

Personal Information: information that identifies you as an individual or relates to an identifiable individual, including: name, title, date of birth, unique identifier (e.g., account number), company name, job function, expertise, postal address, telephone number, email address, credit card information, geolocation and IP address. If you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Non-Personal Information:  any information that does not directly reveal your specific identity or does not directly relate to an identifiable individual. This might include pseudonymous identifiers and information, device information, non-precise geolocation, information collected through cookies and other tracking technologies, and web server log files to track trends, administer the Website, track user movement, and gather demographic information.

How Do We Collect the Information?

We will only collect and use Personal Information when a user voluntarily provides it to us or when an institution or entity customer provides it to us in connection with its method of authenticating users for access to our Services, with the exception of your IP address which may be automatically captured when you use our Services. In order to use some of our Services, or in order to undertake certain actions (such as setting up an account to make a purchase of an article), a user must first complete a registration form or provide an email address that will require disclosure of Personal Information. Such disclosure is strictly voluntary. In order to contact us by email, however, you must provide an email address.

We automatically collect non-Personal Information, including usage data and web server log files, generated from your use of our Services.  We use this non-Personal Information in the aggregate. We do not combine these types of non-Personal Information with Personal Information.

Cookies:  EPG Media LLC and our third-party partners may place a “cookie” or other tracking or information gathering device used in the industry in the browser files of a user’s computer. A cookie is a piece of data stored on the user’s hard drive containing information about the user.  We use cookies to collect information about your use of our Services, which enable us to track and target the interests of our users.  We then use that information to solely enhance the user’s experience within our Services.  We also use cookies from third-parties for analytics purposes.  Third-party cookies are covered by the third-party’s privacy policy.

Users can set their browsers or third-party software to reject cookies. If a user rejects the cookie, the user may be unable to use portions of our Services. Some of the third-party websites we provide links to also may use cookies. We have no control over these linked websites or access to or control over cookies or other technology used by linked websites.

The following is a list of the cookies that may be used in some or all of the Services:

In addition, some of our Services use cookies provided by third-parties in order to improve our performance or services or to serve more relevant content to our users:

How Do We Use the Information?

We use the Personal Information we collect for limited purposes of processing your transactions, establishing the identity of account holders, customer service, authorization, customer support, content processing, content classification, and providing you with information concerning our products and services. We will retain this information for as long as your account is active or as needed to provide you services, audits, comply with our legal obligations, resolve disputes, and enforce our agreements.

We use the non-Personal Information we collect to administer the products and services, perform diagnostics, collect content-specific usage statistics, protect the product and services and their content from inappropriate use, and improve the user’s experience.

We may use the Personal Information and non-Personal Information we collect by sharing it with third-party agents, vendors, contractors, partners, or content providers of EPG LLC Information Services (collectively, “Contractors”) for purposes of managing purchases of our products and services, servicing our systems, data storage contact management, and obtaining support services for our businesses. We are not in the business of selling Personal Information to third-parties or Contractors, and will share it with Contractors only as we describe in this Privacy Policy. In situations where we provide Personal Information to Contractors, we ensure access is granted to the Contractors only upon the condition that the Personal Information is kept confidential and is used only for carrying out the services these Contractors are performing for EPG Media LLC. As part of making that determination whether we will provide Personal Information to Contractors, we will obtain assurances that they will safeguard Personal Information consistently with this Privacy Policy.

We may share your usage data related to our products and services with our affiliates for purposes of providing or improving our products and services. We will not disclose any information about your usage data related to our products and services to unaffiliated third-parties, except as necessary to enhance the product experience, service the legal agreement between us and your employer or affiliated institution under which you are provided access to our products and services, to enforce the terms of use, to meet our contractual obligations to report aggregated usage data to content providers, or as required by law.

We also reserve the right to disclose your Personal Information if we are required to do so by law, or in the good faith belief that disclosure of the information is reasonably necessary to comply with legal process, and to the extent permitted by applicable local law, to respond to claims, or to protect or advance the rights, property, safety, or well-being of our company, our employees, customers, or the public.

We will not use your personal data for automated-decision making.

In the unlikely event that all or substantially all of the assets of EPG Media LLC are acquired, customer information, which may include Personal Information, may be one of the transferred assets unless restricted by applicable local law.

How Do We Secure Personal Information?

EPG Media LLC has taken steps to ensure that Personal Information collected in the future is secure, and we have limited the number of people who have access to the information, by electronic security systems and password protections that guard against unauthorized access. EPG Media LLC provides links to third-party websites. These websites may not have the same privacy policies as EPG Media LLC. We take reasonable care in recommending these websites but we are not responsible for their content or privacy policies. We urge users to read the privacy statement of a third-party website when leaving our Services and linking to a third-party website.

We always use industry-standard technologies when transferring and receiving consumer data we receive. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you in connection with our Services.

 How Can I Access, Correct, Amend or Remove Information About Me, etc.?

We want to assure you that you have access to your personal information that we collect and store. Upon request, we will provide you with information about whether we hold any of your personal information.  You may contact us either in writing or by e-mail at the contact information stated above to exercise the following rights:

• Access your data to check and review them;
• Have a copy of your personal data;
• Demand that we supplement, correct or delete your personal data; or cease or restrict the collection, processing, use or disclosure of your personal data; the right of rectification will comprise the right to have incomplete personal data completed, including by means of providing a supplementary statement;
• Object to the processing of your personal data;
• Receive your personal data in a structured, commonly used and machine-readable format and have it transmitted to another controller; provided that the processing is based on your respective consent or to execute a contractual relationship or a relationship prior to entering into contract with you.

We will respond to your request within thirty (30) days of receipt.

If you have granted consent, you can withdraw your consent at any time with future effect. Please address your withdrawal by contacting us in writing or by email at the contact information stated above.

What Choices Do I Have?

We understand that you may not want to allow our disclosure of your Personal Information to our Contractors, or to let us use that information for purposes that you believe may be incompatible with the purpose for which it originally was collected (as permitted by this Privacy Policy) or that you later may authorize. Therefore, you may contact us to inform us that you do not want to permit these uses of your personal identifying information. To do so, please contact us by mail or email at the address or email address provided –privacy@epgmediallc.com.

It is important to us that the Personal Information we collect is appropriate and relevant to the purposes for which we intend to use it. We will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the person providing the information. EPG Media LLC will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.

You may sign-up to receive email newsletters from us.  If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or at your account settings on our website or by contacting us at privacy@epgmediallc.com.

Questions:

If you have any questions, comments, or concerns regarding this Privacy Policy or our practices, please send us an e-mail or write to us at the addresses found at that page or listed above.

Changes to Privacy Policy

We will notify you of changes to this Privacy Policy by posting an updated policy on this page. You acknowledge that any use of our Services is based on this Privacy Policy, current at the time of use.  If we make any material changes, we will notify you by means of a notice via the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Miscellaneous

Do Not Track Signals: EPG Media LLC does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions.

Terms and Conditions of Use

Copyright 2018 EPG MEDIA LLC All Rights Reserved

USE OF ANY EPG MEDIA LLC PRODUCT/SERVICES OR WEBSITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE

The following Terms and Conditions of Use (these “Terms of Use”) are applicable to the EPG Media LLC network (DBA EPG Media & Specialty Information) of web sites, magazines, newsletters and/or digital products, or any other properties owned by EPG Media LLC. Hereafter in this documentation, EPG Media, LLC and its affiliates, partners, representatives, employees, and contractors will be referred to as “EPG Media.” Certain services of this site are provided to you in conjunction with our service providers, and their content providers, business partners, and other parties (collectively, “Service Providers”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance to such changes.

USE OF CONTENT

This site contains material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”).  The Content may be owned by us or may be provided through arrangements we have with others, including other users of the site, our Service Providers and their respective partners, sponsors, or affiliates.  The Content is protected by copyright under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.

This site is owned and operated by EPG Media. No Content from any EPG Media Web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of EPG Media, except that you may download or print one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of EPG Media’s copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and site automatically terminates and you must immediately destroy any copies you have made of the Content.

The site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by EPG Media. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in EPG Media’s sole judgment, degrades the reliability, speed, or operation of the site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use. 

PUBLIC FORUMS, COMMUNICATION AND USER CONTENT

“Public Forum” means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of any EPG Media Web site. The EPG Media Web sites may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sdsharing, and/or publishing of such User Content.  You shall be solely responsible for User Content you submit and the consequences of EPG Media’s or its Service Provider’s posting or publishing such User Content.  Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of EPG Media and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by EPG Media including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. EPG Media reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.

EPG Media is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. EPG Media reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.

By communication in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) EPG Media and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both EPG Media and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other web sites that make use of services provided by EPG Media’s Service Providers.  You warrant that all so-called “moral rights” in those materials have been waived.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

EPG Media DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN. 

THIRD PARTY PRODUCTS, ADVICE AND SERVICES

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the Site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.

We are not involved in any actual transaction between any Site user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Site user and third party relating to or arising out of any transaction between such parties. We urge Site users and third parties to cooperate with one another to resolve any such disputes. 

DISCLAIMERS

Merchant and service availability, price and time-related information appearing on the EPG Media Web sites are subject to change. EPG Media is not responsible for any such changes and advises you to confirm all specific terms appearing on the EPG Media Web sites before acting in reliance on such terms.

Third-party products and services represented on any EPG Media Web site are not necessarily endorsed or recommended by EPG Media and EPG Media disclaims all responsibility regarding the performance or the use of third-party products and services.

EPG Media does not necessarily endorse or sanction the content, products or actions of Web sites that are linked to or from EPG Media Web sites.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPG Media DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPG Media DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPG Media DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EPG Media) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify and hold EPG Media (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EPG Media BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF EPG Media OR AN EPG Media AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPG Media’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. 

TRADEMARKS/COPYRIGHT

American Rider, Arbor Age, Beverage Alcohol Retailers Conference, Beverage Dynamics, Beverage Information & Insights Group, Beverage Information Group Handbooks, Big East Powersports Show, Boating Industry, Cheers Magazine, Cruising Rider, Inside Powersports, Favorite Rides and Destinations, Fuel Oil News, Landscape Business, Landscape & Irrigation, Marine Dealer Conference & Expo, Outdoor Power Equipment, Powersports Business, Powersports Dealer Seminars, Rider, Rocky Mountain Snowmobile Expo, Snow Goer, Sportsturf, Stateways, Thunder Press and Woman Rider, Better Bartending, Beverage Wholesaler, Boating Industry Top 100, UTV University, represent a partial list of trademarks and copyrights associated with EPG Media and partner companies which are protected by law. Other trademarks not listed here, but which are associated with EPG Media, are protected by law as well. Duplication, tampering or unauthorized use in any way of any EPG Media trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution. 

MISCELLANEOUS

By using our web site you represent and warrant that you are 13 years of age or older.  Your account may be terminated without warning if we believe that you are under 13 years of age.

These terms shall be governed by and construed in accordance with the laws of the State of Deleware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Deleware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

The above terms and policies may be subject to change; the result of any change will be reflected on these pages. Updated as of May 25, 2018.