PLEASE READ THESE TERMS OF USE CAREFULLY

Transcription

1 HYPERTHERM CUTTING INSTITUTE WEB SITE TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY Hypertherm, Inc. of 21 Great Hollow Road, Hanover, New Hampshire, U.S.A. ( Hypertherm ) welcomes you to its Hypertherm Cutting Institute web site at (the HCI Site ). These terms and conditions (the Terms of Use ) govern your access to and use of the HCI Site. BY USING THE HCI SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE HCI SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE HCI SITE. Hypertherm may change these Terms of Use from time to time, by posting such changes on the HCI Site, and your continued use of the HCI Site after such posting constitutes your acceptance of such changes. Effective Date: June 25, Authorized Use; Restricted Materials. The HCI Site is intended to provide Hypertherm Channel Partners, Associates and customers with general information about Hypertherm products and the technology underlying such products. The HCI Site may be used by only those Hypertherm Channel Partners, Associates and customers who have received express written authorization from Hypertherm (including an individually assigned password) to use the HCI Site ( Authorized Users ). The HCI Site also contains certain instructional and training materials (the Restricted Materials ) available for use by technical personnel employed by Hypertherm s Channel Partners who have the necessary qualifications to service Hypertherm equipment. The Restricted Materials are reserved for the sole and exclusive use by such qualified technical personnel, and no Hypertherm customer or other user of the HCI Site is authorized by Hypertherm to access or use such Restricted Materials. Although the instructional materials and content on the HCI Site are intended to provide general information and guidelines in the use and servicing of Hypertherm products, IN NO EVENT SHOULD ANY HYPERTHERM PRODUCT EVER BE USED OR SERVICED WITHOUT FIRST CONSULTING AND COMPLYING WITH THE SPECIFIC OPERATING AND SAFETY INSTRUCTIONS CONTAINED IN THE APPLICABLE OPERATOR AND SERVICE MANUALS FOR SUCH PRODUCT, AND HYPERTHERM SHALL HAVE NO LIABILITY, AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF HYPERTHERM PRODUCTS. 2. Proprietary Rights. As between you and Hypertherm, and except for your Submitted Materials (as defined in Section 3 below), Hypertherm exclusively owns, all right, title and interest in and to the HCI Site, and all applications, software, code, content, services, information and materials thereon including, without limitation, product related information and documentation, audio, video, drawings, illustrations, photographs, renderings, instructional and training materials, courses, webcasts, RSS

2 feeds, podcasts, files, text, data, graphics, logos and designs, and the look and feel, design and organization of the HCI Site (collectively, the Site Content ), and the compilation of the Site Content, including but not limited to any copyright, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the HCI Site does not grant to you ownership or title of, in or to any Site Content or any other part of the HCI Site. 3. Submitted Materials. Certain areas of the HCI Site permit you to submit feedback, comments, suggestions, information, ideas, concepts, techniques, data, demos, methods, systems, designs, text, graphics, messages, proposals or other communications or materials (collectively, Submitted Materials ). Any such submissions: are entirely voluntary on your part; shall be treated as non-confidential and non-proprietary; create no obligation whatsoever, express or implied, on the part of Hypertherm; and may be used by Hypertherm, without notice or compensation to you, in any manner. By uploading, posting, sending or submitting Submitted Materials on or to the HCI Site, you hereby grant to Hypertherm and its affiliates a royalty-free, fully paidup, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to (a) use, sell, offer for sale, copy, reproduce, modify, adapt, publish, translate, disclose, create derivative works from, distribute, perform, display, make, sell, import and export the Submitted Materials or any derivation thereof, in whole or in part, in any format, medium or technology now known or later developed and (b) use (and permit others to use) the Submitted Materials in any manner and for any purpose (including, without limitation, commercial purposes) that Hypertherm deems appropriate in its sole discretion including, without limitation, to incorporate your Submitted Materials or any modification thereof, in whole or in part, into any technology, product or service; in the case of both (a) and (b), without payment or other consideration of any kind, or permission, notification or attribution to you or any third party. You understand and agree that Hypertherm has no obligation, express or implied, to use the Submitted Materials, and that your submission of the Submitted Materials does not establish a confidential relationship with Hypertherm or obligate Hypertherm to treat such Submitted Materials as secret or confidential. Hypertherm may, but is not obligated to, pre-screen Submitted Materials or monitor any area of the HCI Site through which Submitted Materials may be submitted, and may delete or destroy any such Submitted Materials at any time without notice. Furthermore, by submitting Submitted Materials on the HCI Site, you represent and warrant that (A) (i) such Submitted Materials are original to you and that no other party has any right, title or interest therein or, alternatively, (ii) you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the HCI Site for Hypertherm s use in accordance with these Terms of Use; (B) such Submitted Materials do not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights or any other legal rights of any third party; and (C) you waive all moral rights you may have in such Submitted Materials.

3 YOU HEREBY IRREVOCABLY RELEASE AND FOREVER DISCHARGE HYPERTHERM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (THE HYPERTHERM PARTIES ) FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGES, OBLIGATIONS, LIABILITIES AND DEMANDS, OF EVERY KIND AND NATURE, WHETHER ABSOLUTE OR CONTINGENT, WHICH YOU NOW HAVE OR HEREAFTER MAY HAVE AGAINST THE HYPERTHERM PARTIES ARISING OUT OF OR RELATED TO THE SUBMITTED MATERIALS OR HYPERTHERM S USE THEREOF PURSUANT TO THESE TERMS OF USE. 4. Limited License. The Site Content is provided by Hypertherm as a service to Authorized Users. Except as specifically provided herein, none of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written permission of Hypertherm in each instance. Subject to your compliance with these Terms of Use, Hypertherm grants you a non-exclusive, non-transferable, limited license to access, view, use and display the HCI Site and Site Content on your computer or other Internetcapable device. The HCI Site and Site Content are for your internal reference purposes only. Any commercial distribution, publishing or exploitation of the HCI Site, its services or the Site Content outside of your internal business is not allowed unless you have received the express prior written permission of Hypertherm. 5. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the HCI Site or on Site Content are registered and unregistered trademarks of Hypertherm and other persons (collectively, the Trademarks ), and may not be used unless authorized by the Trademark owner. Nothing contained on the HCI Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the HCI Site without Hypertherm s written permission or that of the third party Trademark owner. 6. User Accounts. In order to use the HCI Site, you will need to create an account on the HCI Site and submit certain personal information. Hypertherm s information collection and use policies with respect to your personal information are set forth in the HCI Site s Privacy Policy, which is incorporated herein by reference for all purposes. When creating your account, you agree to provide only true, accurate, current and complete information, and you agree to keep such information true, accurate, current and complete. You accept all responsibility for all activities that occur under your account or password, if any. You agree not to sell, transfer or assign your account or allow others to use it, and you are responsible for maintaining the confidentiality of your user name and password. Hypertherm reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the HCI Site for any reason, including without limitation for extended periods of inactivity. 7. Rules of Conduct. While accessing or using the HCI Site, the Site Content and the various other features available on the HCI Site, in addition to any other

4 supplementary terms and conditions, rules or guidelines that may be posted or otherwise made available in connection with particular areas or features on the HCI Site, you agree that you shall not do or attempt to do any of the following: use the HCI Site if you are not an Authorized User; impersonate any person or entity or misrepresent your affiliation with any other person or entity; insert your own or a third party s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the HCI Site, its services or any Site Content (including, for example and without limitation, in an RSS feed or podcast received from Hypertherm or otherwise through the HCI Site), or into any of your Submitted Materials; use, redistribute, republish or exploit any part of the HCI Site, its services or any Site Content for any commercial or promotional purposes, or contact any other user of the HCI Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the HCI Site or in a Forum (as defined in Section 8 below); alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the HCI Site through any means, including through means not intentionally made publicly available or provided for through the HCI Site; engage in spidering, screen scraping, database scraping, harvesting of addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the HCI Site, or obtaining lists of users or other information from or through the HCI Site, including, without limitation, any information residing on any server or database connected to the HCI Site; use the HCI Site, its services or any Site Content in any manner that could interrupt, damage, disable, overburden or impair the HCI Site or interfere with any other party's use and enjoyment of the HCI Site, such as sending mass unsolicited messages or flooding servers with requests; circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support any one else s attempt to do any of the foregoing) the HCI Site, its services or any Site Content, except that you may decompile a portion of the HCI Site, its services and/or any Site Content only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the HCI

5 Site, its services or any Site Content or with another program and such information is not available from Hypertherm or elsewhere; create any links from the HCI Site (or include any links in your submissions to any Forum (as defined in Section 8 below) or any other part of the HCI Site) directed to web sites or content owned or maintained by third parties; frame any third-party web sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by Hypertherm of any third party web site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party web sites; upload, post, transmit, distribute or otherwise publish to, on or through the HCI Site, its services or any Site Content, any information, content or materials, including without limitation any Submitted Materials, which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; use the HCI Site, its services or any Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or use the HCI Site, its services or any Site Content, in whole or in part, in violation of any applicable law. 8. Public Forums. The HCI Site may include certain features allowing users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the Forums ). All of the terms and conditions set forth in these Terms of Use (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the HCI Site or its services) are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the HCI Site and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information that you choose to disclose in such Forums and on the HCI Site in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information in your submissions to the Forums.

6 9. Right to Monitor and Editorial Control. Hypertherm reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the HCI Site (including, without limitation, the Forums). Hypertherm is not responsible for any such materials. However, Hypertherm reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Hypertherm s sole discretion, are objectionable or in violation of these Terms of Use, any of Hypertherm s policies or applicable law. Hypertherm may also impose limits on certain features or restrict your access to part or all of the HCI Site, without notice or penalty, if Hypertherm believes you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. 10. Indemnification. You agree to defend, indemnify and hold harmless Hypertherm, its affiliates and its and their directors, officers, employees and agents from any and all claims, liabilities, costs and expenses, including without limitation reasonable attorneys' fees, arising in any way from (a) your use of the HCI Site, its services or any Site Content, (b) your Submitted Materials, in whole or in part, or (c) your breach or violation of the law or these Terms of Use. Hypertherm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense. 11. Linking to the HCI Site. You agree that, without the prior express permission of Hypertherm: (a) if you include a link from any other web site to HCI Site, such link shall open in a new browser window and shall link to the home page of the HCI Site; (b) you are not permitted to link directly to any image hosted on the HCI Site, such as using an in-line linking method to cause the image hosted by, or on behalf of, us to be displayed on another web site; and (c) you may not link from any other web site to the HCI Site in any manner such that the HCI Site, or any page of the HCI Site, is framed, surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to the HCI Site signifies that you have read the restrictions described herein and agree to abide by their terms. Hypertherm may, in its sole discretion, insist that any link to the HCI Site be discontinued, and Hypertherm may revoke your right to link to the HCI Site from any other web site at any time upon written notice to you. 12. Third Party Web Sites. You may be able to link from the HCI Site to third party web sites and third party web sites may link to the HCI Site ( Linked Sites ). You acknowledge and agree that Hypertherm has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof by Hypertherm. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice. 13. DISCLAIMER OF WARRANTIES. THE HCI SITE, SITE CONTENT, USER CONTENT (AS DEFINED BELOW) AND ALL SERVICES MADE AVAILABLE ON THE

7 HCI SITE (SUCH SITE CONTENT, USER CONTENT AND SERVICES COLLECTIVELY, FOR PURPOSES OF THIS SECTION 13, THE HCI SERVICES ) ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, AND, TO THE EXTENT PERMITTED BY LAW, HYPERTHERM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE HCI SITE, AND HCI SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION OBTAINED FROM THE HCI SITE SHALL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER, AND HYPERTHERM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE USE OR THE RESULTS OF YOUR USE OF THE HCI SITE OR HCI SERVICES, OR AS TO THE QUALITY, RELIABILITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE HCI SITE OR HCI SERVICES, OR AS TO THE PERFORMANCE, FUNCTIONALITY, OPERATION, AVAILABILITY OR SECURITY OF THE HCI SITE OR HCI SERVICES, OR THAT ANY ERRORS OR DEFECTS IN THE HCI SITE OR HCI SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT THE HCI SITE OR HCI SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. HYPERTHERM DISCLAIMS ANY DUTY TO UPDATE THE MATERIALS ON THE HCI SITE ALTHOUGH IT RESERVES THE RIGHT TO DO SO AT ANY TIME WITHOUT NOTICE. HYPERTHERM DOES NOT ENDORSE, SUPPORT OR SANCTION, AND IS NOT RESPONSIBLE FOR THE ACCURACY, EFFICACY OR VERACITY OF ANY SUBMITTED MATERIALS OR OTHER INFORMATION, MATERIALS OR CONTENT UPLOADED, POSTED, PUBLISHED ON OR SUBMITTED BY USERS OF THE HCI SITE, OR ANY OPINION, RECOMMENDATION, ADVICE OR DATA EXPRESSED OR IMPLIED THEREIN (COLLECTIVELY, USER CONTENT ), AND HYPERTHERM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUCH USER CONTENT. 14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPERTHERM OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, LICENSORS, OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE HCI SITE, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE HCI SITE PARTIES ) BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH, OR RELATED TO, THE USE OF, OR INABILITY TO USE, THE HCI SITE, ITS SERVICES, SITE CONTENT, USER CONTENT OR ANY OTHER INFORMATION, MATERIALS OR CONTENT MADE AVAILABLE ON THE HCI SITE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR HYPERTHERM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE HCI SITE PARTIES BE RESPONSIBLE OR

8 LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONG USERS OF THE HCI SITE, OR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE HCI SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE HCI SITE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE HCI SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO HYPERTHERM FOR YOUR USE OF THE HCI SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE HCI SITE UNDERSTAND AND AGREE THAT THE MUTUAL AGREEMENTS MADE IN THIS SECTION 14 REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY. THE LIMITATIONS STATED IN THIS SECTION 14 SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. 15. Governing Law; Jurisdictional Issues. These Terms of Use and all claims or causes of action arising out of or related to these Terms of Use, and the relationship between you and Hypertherm, shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to the conflicts of laws principles thereof, and as necessary the laws of the United States of America. You agree that any cause of action that may arise under these Terms of Use shall be commenced and heard in the State and Federal Courts located in the State of New Hampshire, and you hereby agree to submit to the exclusive jurisdiction of such courts. 16. Termination and Suspension. Hypertherm may terminate, change, suspend or discontinue any aspect of the HCI Site immediately at any time. Hypertherm may restrict, suspend or terminate your access to the HCI Site, to any Site Content and/or its services if we believe you are in breach of the these Terms of Use or applicable law, or for any other reason without notice or liability. Hypertherm maintains a policy that provides for the termination in appropriate circumstances of the HCI Site use privileges of users who are repeat infringers of intellectual property rights. 17. Miscellaneous. Hypertherm s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. These Terms of Use constitute the complete

9 and exclusive statement of the agreement between you and Hypertherm regarding the subject matter hereof. 18. Copyright. We respect the intellectual property rights of others, and require that the people who use the HCI Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the United States of America, please forward the following information to Hypertherm s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2) (the DMCA ), named below: Your address, telephone number, and address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent: [Name of Designated Copyright Agent] Phone: [ ] Fax: [ ] [ ] We will respond to notices of claimed copyright infringement in the United States of America in accordance with the DMCA. 19. Contacting Hypertherm. Questions, comments or inquiries should be addressed to an authorized Hypertherm Inc. Customer Service representative, 21 Great Hollow Road, Hanover, New Hampshire, U.S.A.

10 Privacy Policy 1 Last Updated: June 2013 Hypertherm, Inc. ( we, us, our ) knows that your privacy is important to you, and we want you to know that it is important to us too. We created this Privacy Policy to explain the types of information we collect through and (collectively, the Hypertherm Sites ), how we will use, disclose, and protect this information once it is collected, and your choices in respect of our uses and disclosures of your information. It also explains how we use cookies and other technologies. By visiting the Hypertherm Sites, you agree to the terms of this Policy as they may be amended from time to time. Here are a few general principles to keep in mind as you read through this Policy: This Policy may change as our business evolves, so check back to this page periodically to make sure you understand how your personal information will be treated. This Policy is incorporated into, and part of, our Terms of Use, which govern your use of the Hypertherm Sites as a whole. This Policy does not apply to information that you may provide to us, or that we may obtain, other than through the Hypertherm Sites. What information is collected on the Hypertherm Sites? We collect two general types of information from users of the Hypertherm Sites: (1) personal information that identifies or can be used to identify or contact an individual and (2) non-personal information concerning the use of the Hypertherm Sites. Personal Information: We collect Personal Information such as names, addresses, telephone numbers, fax numbers, mailing addresses, payment card information, and demographic information in a variety of ways. For example, we collect such information when you contact us through the Hypertherm Sites, register for an account with us, sign up for our newsletters, complete a transaction on the Hypertherm Sites, or contribute to a chat room, bulletin board, list serve, blog, wiki or other social forum that we may make available on the Hypertherm Sites. Non-Personal Information: As is the case with many Web sites, our servers automatically collect your IP address and associated domain name when you visit the Hypertherm Sites. We and/or our service providers may also capture certain clickstream data pertaining to your use of the Hypertherm Sites. Clickstream data includes, for example, information about your Web browser and operating system, the referring page that linked you to a Hypertherm Site, the pages or ads you see or click on during your visit, when and for how long you visit a Hypertherm Site, the next Web site you visit when you leave a Hypertherm Site, and any search terms you have entered on a Hypertherm Site or a referral site. 1 Note: There should be a link to the Privacy Policy on the home page of the Hypertherm Sites as well as the footer or menu bar of each page of the Hypertherm Sites. The link should be conspicuous and include the word Privacy. Additionally, whenever a user conducts a transaction on the site (e.g., registers, subscribes, makes a purchase, etc.), consider incorporating an I Agree button into the process to obtain the user s affirmative agreement to the Terms of Use and Privacy Policy.

11 In addition, we and our third party partners acting on our behalf may deploy cookies, local shared objects, pixel tags, and other tracking technologies on the Hypertherm Sites to collect additional information about your visits. As an example, we use the Google Analytics web analytics tool to help us analyze how visitors engage with the Hypertherm Sites. Google s privacy policies regarding Google Analytics can be found here. Cookies. Cookies are small data files stored on your computer s or device s hard drive at the request of a Web site. Cookies may be used to customize and enhance your experience on the Hypertherm Sites or to collect general usage and aggregated statistical information about your visits. Cookies may also enable us to relate your use of the Hypertherm Sites over time to other information about you, including your Personal Information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Hypertherm Sites or their features. To learn more about the use of cookies, including how to manage or delete them, click here. Local Shared Objects. Local shared objects, such as Flash cookies, may be stored on your hard drive using HTML5, a media player, or certain software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your device, you may be able to manage them using your browser or software settings. For information on managing Flash cookies, click here. Pixel Tags. A pixel tag (also known as a clear GIF or web beacon ) is a tiny image typically just one-pixel that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online. Pixel tags may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information. By using the Hypertherm Sites, you agree to our use of these tracking technologies. If you have any questions about them, please contact us using the information provided below. How is my information used? We or one of our trusted partners acting on our behalf may use the information we collect from and about you to: Process and fulfill your transactions administer and improve the Hypertherm Sites and your account with us respond to your requests, questions, and concerns develop new features and offerings on the Hypertherm Sites customize the content you see on the Hypertherm Sites send you marketing communications, including information about products, services, and events that we think might interest you protect our rights and property and to prevent potentially prohibited or illegal activities We or our partners acting on our behalf may also use your information to assess the level of interest in, and use of, the Hypertherm Sites, our s and our other messaging campaigns both on an individual basis and in the aggregate.

12 Do we share Personal and Non-Personal Information with others? Yes. We may share the information we collect on the Hypertherm Sites with third parties for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with third parties who need your information in order to provide services to us (or on our behalf) and sharing what you voluntarily post to public areas on the Hypertherm Sites with other users, we may share your information: when we, our affiliates, or our service providers believe in good faith that disclosure is necessary or appropriate to protect the rights and interests of any individual or entity, investigate fraud or respond to a government, judicial or other legal request in connection with a corporate change including a merger, acquisition, change of control, reorganization, sale of assets, bankruptcy, dissolution, or liquidation with any third party when we have your consent to do so In addition, we may share aggregate site usage information and other Non-Personal Information that does not identify individual users with our marketing partners, affiliates, and other third parties. Your Access Rights The accuracy of your Personal Information is important to us. We will provide you with access to your Xnet profile for the purpose of verifying and correcting your profile records. To access your Xnet profile, or request access to the Personal Information we may hold about you, you can our Customer Support Team at Xnet@hypertherm.com. If you send a request, we may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Opt Out You have the right to tell us not to send certain communications to you. If you do not want to receive promotional communications from us, make sure you tick the appropriate box when you submit such information on the Hypertherm Sites. If at any time you change your mind about receiving promotional messages from us, you can elect to stop receiving them by clicking on an opt-out link in any such message you receive or let us know using the information provided in the Contact Us section, below. Please understand that it may take us a few days to process your opt-out requests and that, even if you opt out of receiving our promotional communications, we may still contact you in connection with your relationship, activities, transactions and communications with us Security While we endeavor to protect the security and integrity of Personal Information collected via the Hypertherm Sites, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission

13 through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you contact us by or a contact us or similar feature on the Hypertherm Sites, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your address, we may notify you by . You consent to our use of as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please us at Xnet@hypertherm.com. Consent to Processing Hypertherm has operations in a number of countries worldwide. Consequently, we may from time to time transfer your information to servers and/or databases in another country. If you are visiting the Hypertherm Sites from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States, the data protection and other laws of which may not be as comprehensive as those in your country. By providing Personal Information on the Hypertherm Sites, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories. Linked-To Web Sites The Hypertherm Sites may contain links, banners, widgets or advertisements that lead to other Web sites. We are not responsible for these other sites, and so their posted privacy policies (not this Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each and every Web site visited after leaving the Hypertherm Sites to learn about how your information is treated by others. Changes to this Policy We may change this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new Last Updated date. In some cases (for example, when we significantly expand our use or sharing of your Personal Information), we may also tell you about changes by additional means, such as by sending an to the address we have on file for you. In some cases, we may obtain your consent to the changes. Contact Us If you have any questions or comments regarding our privacy practices, you may contact us at HCIadmin@hypertherm.com.