Sales OverDrive, L.P. (“Sales OverDrive”)
Privacy Policy
Effective August 1, 2006

The website located at www.salesoverdrive.com (the “Website”) is operated by Sales OverDrive (Sales OverDrive may hereinafter be referred to as “us”, “we” and “our”).  Sales OverDrive has created this Privacy Policy in order to demonstrate our firm commitment to the privacy of our visitors and customers. Sales OverDrive is com­mitted to respecting your privacy and recognizing your need for appropriate protection and manage­ment of personally identifiable information you share with us (the phrases “personally identifiable information” and “personal information” mean any information by which you can be identified, such as your name, address, telephone number, etc.).  The purpose of this Privacy Policy is to inform you when you visit our Website how we use such information, and the choices you have regarding our use of, and your ability to review and correct, such information.

A Special Notice About Children

Children (under the age of 18) are not eligible to use the Website unsupervised and we ask that children do not submit any personal information to us.  If you are under the age of 18, you may only use this Website in conjunction with and under the supervision of your parents or guardians.

General

In general, you may visit many pages of the Website without telling us who you are or revealing any personal information about yourself.  We may track the Internet domain address from which people visit the Website and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are. 

There may be times (such as when you purchase or order a product, subscribe to a service, submit an application, request additional information, etc.) at which we will ask you to provide personal information about yourself, such as your name, shipping/billing addresses, tele­phone number, email address, credit card information, birth date, gender, occupation, personal inter­ests, etc.  We also maintain a record of your online purchases.  Whether or not you choose to provide the information we request is entirely up to you.  But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on the Website.

Collection and Use of Personal Information

If you choose to provide information to us through our Website, you may provide us with personal information, including your name, address, postal address and telephone number, your email address, a password, and other identifying information (such as your mother’s maiden name, city of birth, pet name, etc.).  If you choose to purchase a product from us, we will collect additional personal information, including your billing postal address, shipping postal address, and credit card number and expiration date in order to properly process your purchase.  We may also ask you for personal information when you ask us for information, subscribe to a Sales OverDrive service or publication, or download information.

Your personal information enables us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your particular interests.  We also use your personal information to help identify you in the event you lose your password and to help you quickly find information on the Website.

If you believe that any of your personal information is incorrect, or has been changed since your registration at the Website, please change your account information at the Website or send an email message to webmaster@salesoverdrive.com explaining the correction or change and provide any relevant confirmation or reference number. 

Cookies

The Website uses cookie technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer’s browser. Cookies store information that a website may need to personalize your experience and to gather website statistical data.  Anytime that you visit the Website to browse or to read or download information, we collect and store the name of the domain and host from which you access the Internet (for example, msn.com, aol.com, etc.); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Website; and the Internet address of the website from which you linked directly to the Website.  We use this information to measure the number of visitors to areas of the Website, and to help us make the Website more useful and interesting to our visitors.  We use information from cookies in the aggregate to analyze for trends and statistics, and then discard it - we do not track individuals, only instances of entry onto the Website.

Most consumers do not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a cookie on your computer.

Do We Share Your Information?

We will share your personal information with our partners and with third-party independent con­tractors for purposes of:  (1) performing functions on behalf of Sales OverDrive, such as companies that process credit card transactions; (2) providing you with product offers via email and/or postal mail; and (3) for tracking information generated through the Website.  Our partners and third-party independent contractors are contractually obligated not to use or share your personal information for unauthorized purposes.

Sales OverDrive may also disclose your personal information to comply with a court order, subpoena, search warrant or other legal process; to comply with legal, regulatory or administrative requirements of any governmental authorities; to protect and defend Sales OverDrive, its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute; to enforce the Terms and Conditions of Use of the Website; to prevent immi­nent physical harm; and in the event that we find that your actions on the Website violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for specific products or services.

We reserve the right to transfer your personal information to a third party in the event of a transfer of all or substantially all of Sales OverDrive’ assets, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Opt Out

You may opt out of having your personal information shared for purposes of receiving product offers via email and/or postal mail, and from receiving product offers directly from us via email and/or postal mail, by simply clicking on the box stating “I Do Not Agree” provided in the Website upon the first time you use your login and password to access the area of the Website that requires registration.  Additionally, you can opt out by providing us written notice identifying which communications you choose not to receive by writing us at:  Sales OverDrive, Attention Privacy Department, 15455 Dallas Parkway, Suite 500, Addison, Texas 75001.

If you choose not to give us your personal information at all, you can still access the Website, however, you will not be able to access areas that require registration or personal information. 

Third-Party Hosting

Sales OverDrive contracts with a third party to maintain and host the Website.  Therefore, any information you submit, including personal information, shall be placed and stored on a computer server main­tained by this third-party host.  The third party has implemented technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.

Site Technologies

Sales OverDrive does not provide the technologies used to build the Website, and therefore, neither recom­mends nor endorses the same.  Any information regarding identified technologies, their capabilities, limitations, applications, etc., should be sought directly from their manufacturers. 

Links to Other Materials

The Website contains links to other sites.  These links are an accommodation to the respective third-party site owners and for your convenience.  Sites linked to and from the Website are not necessarily under the control of Sales OverDrive and Sales OverDrive shall have no responsibility or liability whatsoever for the content or privacy practices of any such linked sites or any link or linking program at any time.  You should read and understand Sales OverDrive’s policies with respect to such third party links as stated in the Terms and Conditions of Use of the Website.

Security

The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. All credit card information utilizes state-of-the-art Secure Socket Layer (SSL) encryption technology and is SET compliant.

Legal Notices

Intellectual Property.  We are the copyright owners of all text and graphic images contained on this Website, unless otherwise indicated [need to indicate what is not owned by Sales OverDrive].  Our trademarks (service marks), including the marketing designations OVERDRIVE, SALES OVERDRIVE, and OVERDRIVE PITSTOP, and the circle and arrow logo, may only be used with the prior written permission of and a license agreement from Sales OverDrive, and may only be used if displayed in their correct form, are used in compliance with our corporate standards, and are used in keeping with practices that protect our trademarks and copyrighted material. Ownership of the trademarks must be attributed to Sales OverDrive in a manner satisfactory to us.
Names, photographs, and “stories” of persons and companies featured and/or quoted on the Website are used with permission.

Sales OverDrive hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties.
You may make a request for permission and a license agreement by contacting us at webmaster@salesoverdrive.com.  Requests must include the URL of your site and an explanation of the reason for the request for permission and a license.

No Warranties.  WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEBSITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL THE WEBSITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEBSITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold harmless the Website and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Website and any violation of this Privacy Policy by you.

Governing Law and Jurisdiction
This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Texas.

Effective Date and Changes
This Privacy Policy is effective as of August 1, 2006.  Sales OverDrive reserves the right to modify the terms of this Privacy Policy at any time and in its sole discretion, by posting a change notice on this page.  Your continued use of the Website following our posting of a change notice will constitute binding acceptance of those changes.