MPC Clamps, Inc. is a leading developer and manufacturer of high quality industrial clamping products. With over 35 years of experience in the industry, we can provide you with the clamping solution you need. If you are looking for clamps - look no further!
The following Terms and Conditions (“Terms”) are applicable to all sales made by MPC
Clamps, Inc. (“Seller”), a Delaware corporation with registered offices located at 3130 North Fry
Road, Suite 500, Katy, Texas 77449, for worm gear clamps, superclamps, fixing clamps,
accumulator clamps, pipe couplings, and other various styles of clamps and couplings (the
“Products”). The acceptance of any order is expressly conditioned upon the person(s), firm or
company, from whom an order to supply Products from the Seller (the “Buyer”), consenting to
these Terms. No interlineations, deletions, modifications or amendments to these Terms shall
be binding on Seller unless agreed to and accepted in writing by Seller.
All sales are subject to written confirmation by the Seller. The Buyer’s orders must be complete
and precise, delivered to the Seller either directly to the head office, or through one of its agents
or representatives as designated by Seller from time to time. If the Seller does not respond within
ten (10) days following the receipt of an order from the Buyer, the order is not accepted.
Receipt by the Buyer of the Seller’s acceptance of an order, the acceptance of a quote by the
Buyer, and/or the signing or tender of a purchase order shall each constitute the Buyer’s entire
acceptance of these Terms.
These Terms shall supersede any and all terms of the Buyer and the Buyer agrees to waive its
own specific and general terms and conditions mentioned in its own purchase orders, invoices,
letters or business documents.
The quotations or tenders are noncommittal and non-binding in nature. The Seller shall have the
right to change the price of any Products without prior notice until the order is accepted by the
The price does not include any present or future Federal, State or Local property, sales, use,
excise, license, gross receipts or other taxes or assessments which may be applicable to, imposed
upon or result from this transaction or any services performed in connection with these Terms
and/or the Products. The Buyer agrees to pay any such taxes or reimburse payment of such taxes
by the Seller within ten (10) days after the Buyer is notified that such payment was made by the
Seller. Unless otherwise provided in writing, the price does not include the cost incurred by the
Products’ shipment and transportation.
The weights, dimensions, capacities, performance ratings, characteristics and other data on
Seller’s catalogs, prospectus, circulars, advertisements, price lists and instructions sheets are
mentioned only as general information. They are only approximate and shall not bind Seller.
The Seller reserves the right to change any data without prior notice. The Seller further reserves
the right to change any Data, modify or improve Products it judges necessary without notice and
without liability to the Buyer.
Unless otherwise specified by the parties in writing, the Products are to be delivered “delivered
at place”, at Buyer's place of business (as “delivered at place”/ DAP is defined by Incoterms
2010), or, at Buyer’s request, “free carrier” Seller’s place of business. The method and agency of
transportation and routing will be designated by the Seller. The burden of legal risk shall be
shifted to the Buyer when the goods are available for unloading by Buyer at Buyer’s place of
In the event the Buyer requests alternative shipment or routing, the resulting alternative packing,
shipping and transportation charges will for the Buyer’s account and Buyer bears all risk of loss
or damage during shipment.
Any specific shipping date designated in writing signed by the Seller shall be interpreted as
estimated and in no event shall dates be construed as falling within the meaning of “time is of the
essence”. The Seller shall not be responsible for any delays in filling orders, nor shall it be liable
for any loss or damages resulting from such delays regardless of whether such delays are due to
Force Majeure (defined below) or otherwise.
If a specific delivery or, where applicable, shipping date is specified in the order and agreed to
by the Seller, then the Seller shall not be liable for any delays in filling such order caused by
delays resulting from any and all conditions beyond the control of the Seller, including but not
limited to, (a) accidents to or malfunctions of the Seller’s or the Seller’s subcontractors’ or
suppliers’ machinery; (b) differences with employees, strikes, or labor shortage; (c) fire, floods,
hurricanes or other natural disaster; (d) supplier or subcontractor delays, including any quantity
or quality defects; (e) delays caused by an instrumentality of the United States Government or
any government or any agency; (f) delays in transportation; (g) restriction imposed by any
governmental regulation, whether valid or invalid; or other cause beyond the control of the
Seller, or any condition without the sole fault or negligence of the Seller. All of the foregoing
events, (a) through (g), shall be considered Force Majeure.
If a specific delivery or shipping date is specified in the order and agreed to by the Seller, the
specific delivery or shipping date shall only begin running from the moment the Seller has
confirmed the order. The various authorizations (import license, foreign exchange transfer
authorization, etc.) must have been previously obtained by the Buyer. Any modification of an
order being executed, if accepted by the Seller, shall lead to an extension of the delivery or
shipping date provided according to terms to be communicated by the Seller to the Buyer.
Under no circumstances shall Buyer or Buyer's customer be entitled to any damages for Seller's
failure to ship on time, and Buyer agrees to indemnify, defend and hold Seller harmless against
any costs and expenses related to any claims for lost profits or other consequential damages
based on Seller's failure to deliver timely.
If the Buyer does not accept or pick up the Products at the date specified in the order or later
agreed to by the Seller, the delivery of the Products shall nevertheless be deemed accepted by the
Buyer who shall therefore pay for the Products delivered. The storage of the Products arranged
by the Seller will be at the risk and expense of the Buyer. The Seller shall further be entitled, to
the exclusion of any other remedy for the Buyer’s failure to take the Products, to recover any
expenses incurred in executing the order which are not covered by payments received for the
Unless otherwise stated, no Products will be shipped until Seller receives full payment for the
order by cleared funds.
In the event the Seller agreed in writing that payment shall be made after the Products were
shipped, and payment is not received at such time as provided by the Seller interest shall be due
at the rate of one and one half percent (1.5%), or the maximum permitted by law, on the unpaid
portion of the invoice sum for each period of thirty (30) days or part thereof from the due date.
Seller has the right to refuse to deliver goods or services if the Buyer is past due on any of its
debts to the Seller. Furthermore, the Seller shall have the right to retake all Products
immediately unless other written arrangements have been made concerning payment only if the
Buyer is past due. The Buyer agrees to make all Products available, shipping ready, for the
Seller, within five (5) days of receiving notice from the Seller of its intention to retake the
The Buyer shall pay all of the Seller's costs of collection of any amounts past due, including, but
not limited to, attorneys' fees, court costs, witness fees, travel and lodging, etc. The Seller will be
entitled to apply payments made by the Buyer first to pay those claims it deems appropriate,
including interest, late charges, costs of collection, etc.
The Buyer, or its affiliates or assignees, will not be entitled to suspend its payment obligations to
the Seller, claim any right to compensation and/or to offset its payment obligations with any
obligations of the Seller to the Buyer, with such obligations being those set forth in these Terms
or other purchase contract between the Buyer and the Seller. The Buyer will not be entitled to
dissolve the contract with the Seller if the Buyer is in default.
If the Buyer does not fulfill its payment obligations to the Seller completely or within the
applicable payment period, the Seller will be entitled to suspend its obligations to the Buyer
completely and/or not to perform them.
This Section is only applicable where payment was not made prior to the Products’ shipment.
In order to protect and secure payment of all debts due and owing from the Buyer and until the
Seller has been paid in full, Buyer hereby grants to Seller a security interest in the Products, and
all proceeds and all accounts receivables resulting from the sale of the Products. In connection
therewith, the Buyer hereby authorizes the Seller to take all necessary steps to file such financing
statements and exhibits with the proper authorities, including the filing of a UCC-1 financing
Until the Buyer has paid for the Products in full, the Buyer shall not pledge, mortgage,
encumber, or create or suffer to exist a security interest in the Products in favor of any person
other than the Seller unless written approval of such other security interest is given by the Seller.
Additionally, the Buyer agrees to keep the Products insured to their full value until payment is
received by the Seller. In the event the Buyer sells the Products to a third party before payment
in full is received by the Seller, the Buyer agrees to secure its security interest in the Products at
the time of sale to its customer in order to protect the Seller’s interests to the greatest extent
Unless the Buyer sends a written complaint with full particulars, and ships the defective Products
to the Seller’s place of business within fourteen (14) business days from the date the Products are
delivered, the Products shall be deemed to have been delivered in good condition and that the
delivery is accepted. The Seller’s acceptance of any returned Products does not imply
acknowledgment by the Seller of the reason for the return. The Products returned by the Buyer
to the Seller will remain at the Buyer's risk and the Buyer will owe the agreed amounts until the
Seller has credited the Buyer for the returned Products. The Buyer is responsible for the
shipping cost of returning the Products to the Seller.
Seller’s warranty is as set forth in its Limited Warranty. Seller does not authorize Buyer to
provide any other warranties to end users beyond that granted in Seller’s Limited Warranty.
Buyer shall indemnify, defend and hold Seller and any affiliated companies harmless against any
claims made by third parties based on any representation or warranty made by Buyer that differs
in any way from Seller’s Limited Warranty.
Except as otherwise provided for herein, Buyer and its parent, subsidiary, affiliated and related
companies, and their respective predecessors, past and present officers, directors, shareholders,
agents, employees, legal representatives, successors and assigns (the “Indemnifying Parties”)
assumes liability for, and shall pay when due, and shall indemnify, reimburse and hold Seller,
and its parent, subsidiary, affiliated and related companies, and their respective predecessors,
past and present officers, directors, shareholders, agents, employees, legal representatives,
successors and assigns (the “Indemnified Parties”) harmless from and against any and all Claims
(defined below), directly or indirectly relating to or arising out of the acquisition, use, purchase,
shipment, transportation, delivery, lease or sublease, ownership, operation, possession, control,
storage, return or condition of the Products (regardless of whether the Products are at the time in
the possession of the Indemnifying Parties), the falsity of any representation or warranty of
Buyer, or Buyer’s failure to comply with these Terms. The foregoing indemnity shall cover,
without limitation, any claim for negligence, gross negligence, or liability in tort.
“Claims” means any and all liabilities, losses, damages, actions, suits, demands, claims of any
kind and nature and all costs and expenses whatsoever to the extent they may be incurred or
suffered by the Indemnified Parties in connection with the Products (including, without
limitation, reasonable attorneys’ fees and expenses), fines, penalties (and other charges of
applicable governmental authorities), damage to or loss of use of property (including, without
limitation, consequential or special damages to third parties or damages to Buyer’s property), or
bodily injury to or death of any person(s) (including, without limitation, any agent or employee
of Buyer, user of the Products, or any other person).
All intellectual property rights to, ownership of, and interest in all Products, trademarks, trade
names, logos, distinctive marks, designs, and other materials created and/or made available by
the Seller hereunder or within the framework of the relationship between Buyer and Seller (the
“Intellectual Property”) are vested exclusively in the Seller. The Buyer shall not reproduce,
modify, transfer, grant, assign, license or use the Intellectual Property, except in accordance with
The Buyer shall not remove or alter indications concerning intellectual property rights and
concerning the confidential nature of information from Products, services, programs, works,
distinctive marks, inventions, designs, models and other materials created and/or made available
by the Seller and Products delivered.
The Buyer shall not alter, or have altered, modify, or have modified, adapted or otherwise
reconfigured, the Products, works, distinctive marks, inventions, designs, models and other
materials created and/or made available by the Seller.
The Seller will indemnify the Buyer against claims of third parties based on the allegation that by
using the Products or services, the Buyer has infringed the intellectual property rights of such
third parties, provided that the Seller is promptly notified in writing and given authority,
information and assistance with defense of the claim(s). The Seller, at its option, shall (1)
procure the right of Buyer to continue to use the Products or services, (2) modify the Products or
services so that it becomes non-infringing, (3) replace the Products or services with
non-infringing Products or services, or (4) remove the Products or cease providing the services
and refund the purchase price. The foregoing shall not be construed to include any agreement by
the Seller to accept any liability whatsoever with respect to Buyer’s own or third party
equipment, documents or materials used in combination with or related to the Products. The
foregoing states the entire liability of the Seller with regard to intellectual property infringement.
Seller makes no warranty concerning the appropriateness of the Products or services to the
purposes for which Buyer or its customers are acquiring same. Moreover, Seller makes no
warranty that the Products or services or other intellectual property of Seller does not infringe the
rights of third parties.
Seller may terminate or suspend any contract if Buyer is in default of the payment of any
obligations pursuant to or any contract between the parties, or if in the sole judgment of Seller,
Buyer's financial condition and responsibility has become materially impaired. In addition, Seller
shall have the right to recover damages for nonperformance, and any unpaid installments due on
account of this or any other contract between the parties shall become immediately due and
In case of termination or suspension due to Force Majeure, Seller reserves the right to demand
immediate payment for any raw materials, materials and other Products it purchased, reserved,
processed or produced for the performance of an order. Buyer is bound to accept delivery of such
materials or Products. Failure to accept delivery will give Seller the right to store, sell, or scrap
such materials or Products at Buyer’s expense and risk.
The Seller will be entitled to suspend or terminate the contract unilaterally with immediate
effect, fully or in part if:
a. the Buyer has failed to fulfill one or more of its obligations under this or any other contract or sales terms;
b. Buyer has suspended payments or has sought the protection of the Bankruptcy Courts;
c. a petition for the involuntary bankruptcy of the Buyer has been filed;
d. the Buyer’s property on Seller’s premises has been attached in execution;
e. a resolution for the dissolution and/or winding up of the Buyer has been adopted;
f. the enterprise operated by the Buyer has been fully or partly transferred to a third party without consent of Seller.
The Seller shall not be liable with respect to the Buyer for any damages arising from suspension
or termination of the contract for the aforementioned reasons.
If the contract is suspended or terminated, performance of the contract already received by the
Buyer and the payment obligations of the Buyer in connection with it will remain. The amounts
invoiced by the Seller for work actually performed prior to or upon termination of the contract
will be immediately due and payable after termination. Buyer agrees to pay any of Seller’s costs,
damages, attorneys’ fees and other expenses associated with Seller’s termination of any contract
with Buyer pursuant to the terms of this section.
If the Seller is temporarily unable to perform this Agreement because of Force Majeure, it will
be entitled to suspend performance of the contract for as long as the Force Majeure lasts. If the
Seller is permanently unable to perform any of its obligations to the Buyer because of Force
Majeure, it will be entitled to cancel the specific order with immediate effect and without any
damages whatsoever. The Buyer agrees to indemnify, defend and hold the Seller harmless
against any claims made by third parties based on whole or in part on the Seller’s inability to
perform because of Force Majeure.
These Terms and all transactions between Seller and Buyer are governed by the laws of the State
of Delaware in the United States, without reference to conflict of laws principles. The application
of the United Nations Convention on the International Sale of Goods is expressly excluded. In
the event of a dispute arising from or relating to these Terms, which is not resolved by
negotiation between the parties, the parties hereby agree to personal exclusive jurisdiction in the
state and federal courts located in Chicago, Illinois.
These Terms constitute the sole terms and conditions of the contract between the Buyer and
Seller. No other terms, conditions, or understanding, whether oral or written, shall be binding
upon the Seller, unless hereafter made in writing and signed by Seller's authorized representative
and, in the case of printed matter, also initialed by such representative next to such printed term
Should any provision of this Terms be judicially declared unenforceable, that provision shall be
deemed stricken and the remainder shall continue in full force and effect insofar as it remains a
workable instrument for effectuating the intents and purposes of the parties. The parties further
agree to renegotiate any so severed provision to bring the same within applicable legal
requirements to the greatest extent possible.
The Buyer shall not assign or transfer these Terms or any related contract or purchase order
without the prior written consent of the Seller. The Seller shall expressly be permitted to assign
or transfer, without the prior written consent of the Buyer, the Seller’s right to receive any or all
of the payment due from the Buyer under these Terms.
MPC CLAMPS, INC, a Delaware corporation with principal address at 3130 North Fry Road,
Suite 500, Katy, Texas 77449 (“SELLER”), represents that the various clamps and parts
manufactured by SELLER (the “Product(s)”) and sold or provided to the first end user
(“BUYER”) are produced according to usual practices, customs, standards, specifications and
tolerances of trade prevailing in the country of origin at the time of production and shall, subject to
the limitations and exclusions set forth below, warrant the Product(s) to be free from defects in
design, material, and workmanship.
This Limited Warranty applies only if:
(1) The Product is used properly and is operated in accordance with the SELLER’s Instruction Manual as furnished to BUYER at the time of purchase;
(2) The person filing the warranty claim is the first end user of the Product; and
(3) Buyer complies with all other sections of this Limited Warranty.
The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim
Procedures.” For the Limited Warranty to apply, BUYER must completely fill out and deliver to
the SELLER a warranty claim fully describing the alleged defects or failures of the Product and
original proof of purchase within the Warranty Period (defined in Section 4) and within five (5)
days of the date BUYER discovered the alleged defect. Notwithstanding the foregoing, in the
event that SELLER determines, in its sole discretion, that BUYER reasonably should have
discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.
In order to determine whether the Limited Warranty should apply, BUYER shall provide any
information to SELLER, including pictures where applicable, via telephone, email or any other
appropriate means of communication. In the event the defect is covered by the Limited Warranty,
SELLER may, at its sole option, require that the defective Product be shipped to the address
provided by SELLER with mailing or shipping charges prepaid. BUYER shall pay all expenses
associated with returning the Product to SELLER, including, without limitation, the costs of
shipment, import taxes, duties and tariffs if applicable.
If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period
(defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either
repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused
solely by defective design, workmanship and/or materials. Such repair or replacement shall be
SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned
upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.
This Limited Warranty of the Product applies for six (6) months from the date the Product is
delivered to the BUYER (the “Warranty Period”). The Warranty Period shall not be tolled for any
reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty
without the prior written consent of SELLER.
The following is not included under this Limited Warranty:
(1) Scratches, dents, marks or other visible surface wear on the Product, unless SELLER is notified as soon as the Product is received by the BUYER;
(2) Normal wear and tear from everyday use;
(3) Misuse or abuse by the BUYER;
(4) Physical damage to the Product as a result of tampering, mishandling, neglect, modification or repair without the approval of SELLER, unreasonable use and/or negligence of the BUYER whether foreseeable by SELLER or not;
(5) Items, equipment, goods, products, components, and parts not sold by SELLER;
(6) Damage to Products caused by the carrier during shipping or by the installer during installation;
(7) Deterioration resulting from age, storage, weathering, lack of use;
(8) Continued Product use after an alleged defect is discovered or should reasonably have been discovered; and
(9) Damage to Product caused by fire, storm or other acts of God.
SELLER expressly reserves the right to inspect the Product and its components, parts, and
BUYER’s installation, use, maintenance, and any other activity or inactivity of the BUYER, when
determining whether an alleged Product defect is covered by the Limited Warranty.
This Limited Warranty is provided by SELLER, and it contains the only express warranty provided
to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to
give any other warranties on SELLER's behalf.
SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND
ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO
PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY
REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION,
MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR
COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the
duration of the express warranty set forth herein.
If BUYER has a claim under this Limited Warranty or under any implied warranties provided to
BUYER by state law, BUYER may not file a court action based on that claim any later than one (1)
year after BUYER’s right to file a court action accrues. In those states which do not allow this
limitation on the time period for filing a court action, this provision is inapplicable.
SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty
provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR
LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF
LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR
ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.
Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR
PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE
DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME,
SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC
LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY
SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL
CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. THE
SELLER’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT
SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.
Any description of the Product, whether in writing or made orally by SELLER or SELLER’s
agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in
connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be
construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use,
application, or suitability of the Product shall not be construed as an express warranty unless
confirmed in writing by SELLER to be such.
collected by MPC Clamps, Inc., (“MPC Clamps”), through our web sites and other online platforms that
posted on the Platform. We may also provide notice to you in other ways in our sole discretion, such as
through contact information you have provided. Any changes will be effective immediately upon the
changes. However, MPC Clamps will not make material changes to how it treats previously collected
Personal Information, as defined below, about you without providing notice and giving you the chance
to consent (opt-in or opt-out). Note, however, that you may need to consent to our new policies in
order to continue to use the Platform and our services.
We may ask you to provide personally identifiable information, which is information that identifies you
as a specific identified individual, such as your name, phone number, or e-mail address (collectively,
“Personal Information”), and other information about you, such as payment information and
demographic information (for example, your gender, age or similar information). Certain features may
also collect information about your preferences and interests. If we combine demographic, preferencerelated
or similar information with the Personal Information we collect, we will treat that combined
We and third-party service providers may use a variety of technologies that automatically or passively
collect certain information whenever you visit the Platform or otherwise interact with us or our Platform
(“Usage Information”). Usage Information may include the hardware model, browser, and operating
system you are using, the URL or link that referred you to the Platform you are visiting, your time zone,
location information, and mobile network, among other information. In addition, we automatically
collect your IP address or other unique identifiers (“Device Identifier”) for any computer, mobile phone
or other device you use to access our Platforms. In some cases, we may directly collect location
information through your device. You may be able to turn off the collection of location information
through the settings on your device.
The methods that may be used to collect Usage Information include the following:
Cookies and local storage are data files placed within a browser on a device when it is used to visit the
Platform. Certain web browsers and browser add-ons may provide additional local data storage
mechanisms. Cookies and local storage can be used for a variety of purposes, including to store a unique
identifier for your device that recognizes your device as you visit the Platform or other web sites or
online services and to remember your preferences. Most browsers provide you with the ability to
disable or decline cookies and local storage. You will need to check your browser’s settings for further
Small graphic images or other web programming code called web beacons may be included in our web
pages and e-mail messages. Web beacons or similar technologies may be used for a number of
purposes, including, without limitation, to count visitors to the Platform, to monitor how users navigate
the Platform, to count how many e-mails that were sent were actually opened or links were actually
viewed. In addition, we may use these and a variety of other technologies that collect Usage
Information and similar information for security and fraud detection purposes and to enforce our
intellectual property rights.
We may receive information about you from third parties, including business partners and data
providers. You may also have the opportunity to interact with a third-party application or feature
available through the Platform, such as features that allow you to log-in through, access, or otherwise
connect your account on a third-party service (e.g., Instagram, Facebook and Twitter). If you choose to
utilize such a third-party service, we will receive information about you from that third-party service
(which may include Personal Information) and they may receive information about your use of the
Platform. Through these features, third parties may collect your IP address or other Device Identifier,
which page you are visiting on the Platform, and may set cookies to enable the third party feature to
function properly. If you choose to post information to a third party platform, that information may be
We may combine the information we receive from those other sources with information we collect
information collected and stored by the third party is subject solely to the third party’s privacy practices.
We may use information collected through the Platform, including Usage Information and Personal
Information, to: (1) allow you to participate in features we offer or to provide related customer service;
(2) recognize you across the Platform and across devices; (3) tailor content recommendations and offers
we display to you, both on the Platform and elsewhere online; (4) process a sale, purchase, or other
transaction; (5) provide you with information, products, or services that you have requested or that we
think may interest you; (6) investigate and prevent fraudulent transactions and other illegal activities or
activities that violate our policies; (7) process your registration, including verifying your information is
active and valid; (8) improve the Platform or our services and for internal business purposes; (9) contact
you with regard to your use of the Platform or any of our services and, in our discretion, changes to the
Platform policies; and (10) for purposes disclosed at the time you provide your Personal Information or
otherwise with your consent. We may also use and share non-personal information in our discretion
and we may use non-personal information, including information that has been de-identified to make
inferences about you and offers and content you may be interested in, to serve you with relevant
advertising, and to allow others to do so.
The Platform is not intended for use by anyone younger than the age of thirteen (13) and we do not
knowingly collect Personal Information from children younger than age thirteen (13). If we learn that we
have inadvertently collected Personal Information from a user who is younger than age thirteen (13), we
will delete the information from our active databases.
We may share non-personally identifiable information, such as information that has been de-identified,
aggregated user statistics, or a MPC Clamps identification or transaction number, with third parties in
our discretion. We do not share your Personal Information with third parties for those third parties’ own
direct marketing purposes unless you consent (opt-in or opt-out) to such sharing. California Residents,
please see below for additional information on “Your California Privacy Rights.”
We may share the information we have collected about you, including Personal Information, as
consent, and in the following circumstances:
We may share information about you, including Personal Information, with third-party vendors to
enable them to perform services on our behalf. Additionally, we may share various information relating
to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar
vendors, and they will use this information to help us and their other clients prevent fraudulent and
We may also transfer and disclose user information, including Personal Information, to third parties: (i)
in the event we are required to respond to subpoenas or other legal process or if in our opinion such
disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation;
or (iii) to protect and/or defend any policies applicable to the Platform or our services or to protect the
personal safety, rights, property or security of MPC Clamps, our customers, or a third party. We may
also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with
copyright owners, internet service providers, wireless service providers or law enforcement agencies at
MPC Clamps may share Personal Information with its parent, or affiliates, primarily for business and
operational purposes. We reserve the right to disclose and transfer all information related to the
Platform, including Personal Information: (i) to a subsequent owner, co-owner or operator of the
Platform or applicable database; or (ii) in connection with a corporate merger, consolidation,
restructuring, bankruptcy, the sale of certain of MPC Clamps’ ownership interests, assets, or both, or
other company change, including, without limitation, during the course of any due diligence process.
MPC Clamps may work with network advertisers, ad agencies and other advertising partners from time
to time. We may also use analytics providers and consultants to provide us with information regarding
the use of the Platform and the effectiveness of our advertisements from time to time. These third
parties may set and access their own tracking technologies on your device (including cookies and web
beacons), and they may otherwise collect or have access to information about you, including Usage
Information. Some of these parties may collect Personal Information over time when you visit the
Platform or other online websites and services. We may share non-personal information, including
information that has been de-identified, Usage Information, and location information, with third party
advertising companies, analytics providers, consultants and other third parties.
You are responsible for maintaining the accuracy of the information you submit to us, such as your
contact information provided as part of registration.
We offer you the following choices with regard to the information we collect through the Platform:
You may opt out of receiving marketing e-mails by following the opt-out instructions provided to you in
those e-mails. Please note that we reserve the right to send you certain communications relating to
your account or use of the Platform or our services, such as administrative and services announcements.
These transactional account messages may be unaffected if you choose to opt out from marketing emails.
California Civil Code Section 1798.83 permits residents of California to request certain details about how
their personal information has been shared during the calendar year with third parties for those thirdparties’
own direct marketing purposes, unless the business permits California residents to opt in to, or
opt out of, this type of sharing. As noted above, we will not share personal information about you with
third parties for their own direct marketing purposes if you do not opt-in, or if you choose to opt-out, at
the time MPC Clamps offers you that choice.
If you are a California resident and you have questions about our practices with respect to sharing
personal information with third parties for their direct marketing purposes and your ability to exercise
choice, please send your request by email to firstname.lastname@example.org or write us at Attention Legal, MPC
Clamps, Inc., 3130 N. Fry Rd., Katy, TX 77449. You must put the statement “Your California Privacy
Rights” in the subject field of your email or in the address line of your envelope. You must include your
name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled
or sent properly, or do not have complete information.
The Platform may contain content that is served by someone else or links to third-party content or web
sites that we do not control. This includes links from advertisers, sponsors and partners that may use
our logo(s) as part of a co-branding relationship. The third-party operators and content providers may
send their own cookies to your device, they may independently collect data or solicit Personal
Information, and may or may not have their own published privacy policies. MPC Clamps is not
responsible for the privacy practices employed by any third party.
MPC Clamps takes commercially reasonable steps to protect and secure Personal Information. However,
no data transmission over the Internet, by wireless transmission or any electronic storage of information
can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any
information we collect, and you use the Platform and our services and provide us with your information
at your own risk.
MPC Clamps is based in the United States meaning the information we collect is governed by United
States law. By accessing or using the Platform or providing us with any information, you consent to the
transfer, processing and storage of your information in and to the United States and other countries,
jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you
reside and/or are a citizen.
© 2017 MPC Clamps, Inc.