Terms of Use and Privacy Policy

Last Modified: April 10, 2019

Acceptance of the Terms of Use

These Terms of Use are entered into by Southwest Electric Co., including its affiliates and subsidiaries (collectively, “SWE”, “we” or “us”) and the user (“You”) of the website http://www.swelectric.com along with social media accounts of SWE (together with anyderivative sites and pages, our “Website”). The following terms and conditions (the“Terms of Use”) govern your access to and use of the Website. Please read them carefully before you use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use.

Changes to the Terms of Use and Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. 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 from time to time so you are aware of any changes, as they are binding on you. We reserve the right to withdraw or amend the Website, including any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable or inaccessible at any time or for any period.

Trademarks

Our name, logo and all related names, logos, product and service names, designs and slogans are trademarks of SWE or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. You must not use such marks without the prior written permission of SWE.

Authorized and Prohibited Uses

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 SWE, 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.

These Terms of Use permit you to use the Website for approved use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or offered through the Website, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials or to the extent you store files that are automatically cached by your Web browser for display enhancement purposes.

In no event may you use any part of the Website (including any information or materials available through the Website) for any competing commercial purposes, commercial purposes not pre-approved by SWE, or in a manner that is likely to give the impression that information or content of yours emanates from or is endorsed by SWE if this is not the case.

No right, title or interest in or to the Website or any content on or offered through the Website is transferred to you, and all rights not expressly granted are reserved by SWE. 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.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use: (i) the Website in any way that violates applicable law or the rights of any third party; (ii) any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iv) 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; (v) any device, software or routine that interferes with the proper working of the Website, introduce any malicious code or otherwise attempt to interfere with the proper working of the Website.

No Reliance on Information Posted

We may update the content on or offered through the 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. The information presented on or through the Website, including technical information and pricing, is made available solely for general information purposes, should not be relied upon and is subject to change. For product and service information specific to your particular needs, contact your customer service representative directly and do not rely on the Website.

Privacy Policy: Information About You and Your Access of the Website

All information we collect on or through the Website is subject to these Terms of Use. By using the Website, you consent to all actions taken by us in compliance with these Terms of Use.

What We Collect and How It Is Used

Information You Provide to Us

We collect personal data from you when you provide it to us in order to process your orders and other business requests. This information includes your name, email address, telephone number, and address. We use the personal data you provide, along with other data we collect as described below, to provide a more personalized experience and improve the functionality provided through the Website.

We collect information about you when you engage in messages with us or request a quote from us. We retain those communications to process your inquiries, respond to your requests, and improve our services.

When you apply for a job online, we will use the information you supply, including social security numbers, to process your application. We will not share this with any other party except for third party service providers that enable us to perform background checks, and for no other purpose, and those service providers are obligated not to share your information or use it for any other purpose.

Sensitive Data

We do not request nor do we ask for you to disclose sensitive information to us such as religious denomination, race, ethnicity, philosophical beliefs, or physical or mental health information.

Automatic Data Collection Technologies

We log usage data when you use the Website, including when you view or click on content, browser type, browser language, perform a search or request, the date and time of your request or use one or more tools offered through the website. We use log-ins,device information internet protocol (“IP”) addresses, and cookies and similartechnologies to identify you and log your use.

We use third party cookies and similar technologies (for example, web beacons, pixels, tags and device identifiers) to recognize you and/or your device(s) on, off, and across the different applications of the website and devices. When you access or leave the Website, we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or internet service provider or your mobile carrier. We do not collect location concerning your GPS location.

Cookies and similar technologies help to facilitate the best possible user experience of the Website as they allow us recognize your user preferences from session to session and generally improve the functionality of the Website. Although most internet browsers accept cookies and the like by default, you can control these types of technology through your browser settings and similar tools and agree to refuse them altogether. If you refuse to accept cookies and similar technologies by activating the appropriate setting on your browser or smartphone, you may prohibit us from delivering the full capability of the Website and/or prevent the use of certain features and services that require these technologies.

By agreeing to our Terms of Use, you agree to the use of cookies and similar technologies as described above. If you use the Website without changing your browser or device settings to disable cookies and similar technologies, we will assume that you consent to our use of the same.

Disclosure of Your Information

We do not sell your personal information to third parties, but may disclose the personal information you provide to third parties as discussed below.

Internal Disclosure

We will share your personal data internally within our organization to help improve our Website and services for you.

Disclosure to Our Service Providers

We may disclose personal information that we collect or you provide as described in these Terms of Use to contractors, service providers and other third parties we use solely to support our business (such as maintenance, analysis, audit, payments, fraud detection, communication, and credit checks and background checks). These third parties will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

Legal Process

It is possible that we will need to disclose information about you when required by law, subpoena or similar legal process, and if we have a good faith belief that disclosure is reasonably necessary to: (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of the website; or (5) exercise or protect the rights and safety of SWE and others. We may attempt to notify you about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority, but we do not promise to challenge every demand. We will also disclose the personal information we have about you to a third party in the event of a merger or sale of all or substantially all of our assets or similar transaction.

Disclosure on Your Behalf

We may disclose personal information that we collect or you provide to fulfill our obligations, the purpose for which you provide it, for any other purpose you request when you provide the information, or for any other purpose for which we have your consent.

Service and Marketing Messages

We may use your information to contact you about product and service offerings by email or otherwise. These communications may include reminders for scheduled deliveries, notification of delivery or the availability of a statement, and notice of receipt of payment. You have the right to opt-out of such messages. We may use your information to contact you about account, security, legal and other service-related issues. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

Your Rights to Deleting, Accessing and Correcting Your Information

For personal data that we have about you, you have the following rights:

  • Deletion. You may ask us to erase or delete all or some of your personal data. Please note that doing so may limit your ability to use certain functionality of the website. Please note that an email address is required to have a registered account.
  • Correction/Modification: You may edit some of your personal data through your account or ask us to change, update, or fix your data in certain cases, including if it’s inaccurate.
  • Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if your personal data is inaccurate or unlawfully held).
  • Right to Access and/or Take Your Data: You can ask us for a copy of your personal data you provided to us.To make these or any other requests with respect to your personal information, you may contact us at: SWE Website Administrator, 6501 SE 74th Street, Oklahoma City, OK 73135, or you may email us at webadmin@www.swelectric.com. We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected or removed before we process any requests. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the request will jeopardize the privacy of others, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. In any case, where we provide information access, deletion or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.If you choose to close your account or ask that we modify or delete some or all of your personal information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data).Security and Protection
    We implement industry standard security safeguards designed to protect your data. These include using encryption for your data while it is being transmitted between your device or browser and our servers. However, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the website or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Processing of Data

We will only collect and process personal data about you where we have a lawful basis. Lawful basis includes consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you such as providing the website and the Website functionality you request and acting in accordance with these Terms of Use and our other obligations) and other legitimate interests. Such legitimate interests include protection to you, us and third parties, to comply with applicable law, to enable and administer our business, to manage corporate transactions, to generally understand and improve our business and user relationships, provided that the foregoing adequately protects your rights and freedoms. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful basis upon which we collect and use your personal data, please contact us at webadmin@www.swelectric.com.

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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the Website, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites or apps, including websites you link to or from the Website. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) targeted content. We do not control thesethird parties’ tracking technologies or how they may be used. If you have any questionsabout targeted content, you should contact the responsible provider directly.

User Contributions

To the extent we allow users to post, submit, publish, display or transmit content ormaterials on or through the Website (collectively, “User Contributions”), you

acknowledge and agree that we have no obligation to verify the accuracy of any User Contributions nor any liability whatsoever as a result of or in any way related to User Contributions or user interactions on, through or as a result of the Website. All User Contributions must comply with these Terms of Use and any other express terms required by us. Any User Contribution you post to, on or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any part and all of your User Contributions for any purpose. You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant this license; (ii) all statements made by you in your User Contributions are true and correct to the best of your knowledge; and (iii) all of your User Contributions do and will comply with these Terms of Use and law

We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem appropriate in our sole discretion; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates law or their rights; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SWE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES TAKEN AS A CONSEQUENCE OF INVESTIGATIONS INTERNALLY OR BY LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on or through the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any content on the Website violates your copyright, please send notice of the copyright infringement to webadmin@www.swelectric.com. It is the policy of SWE to terminate the user accounts of repeat infringers.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND INFORMATION IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT AND INFORMATION OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER SWE NOR ANYONE ASSOCIATED WITH SWE REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT OR INFORMATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SWE 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SWE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT OR INFORMATION OFFERED ON OR THROUGH THE WEBSITE (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE AND 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) UNDER ANY LEGAL THEORY 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 SWE harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ 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, your User Contributions or your use of any information obtained from the Website.

Notice to California Residents – California Privacy Rights

If you are a California resident and have provided us with personal information, California law requires that we provide you with a summary of your privacy rights underthe California Online Privacy Protection Act (the “Act”) and the California Business andProfessions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through the website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who we can and cannot share that information with. To obtain this information, please send a request to webadmin@www.swelectric.com and include the phrase “California Privacy Request” in thesubject line. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

Governing Law and Jurisdiction

The owner of the Website is based in the state of Oklahoma in the United States. We provide the 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.

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 Oklahoma without giving effect to any choice or conflict of law provision or rule whether of the State of Oklahoma or any other 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 federal courts of the United States or the courts of the State of Oklahoma in each case located in the City of Oklahoma City, Oklahoma County, 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 jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and us 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. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent and the remaining terms will continue in full force and effect.

Your Comments and Concerns

The Website is operated by Southwest Electric Co., located at 6501 SE 74th Street, Oklahoma City, OK 73135. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to webadmin@www.swelectric.com, or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential we shall be free to use such information on an unrestricted basis.