Policies

Privacy Policy

 This Privacy Policy was last updated and effective as of: 1/4/18.

Welcome to the Privacy Policy for Clark Equipment Company (“we” or “us” or “Earthforce” or “CEC”) web site located at www.earthforce.com (this “Web Site” or “earthforce.com”). We appreciate your interest in this Web Site and other linked Earthforce sites. This Privacy Policy describes how we may collect, use, share, and keep information we get about you.

General Disclaimer and Updates to this Privacy Policy

We take the privacy of your personal information very seriously.  While visiting this Web Site, we will not collect any personal information about you unless you choose to provide that information.  Any personal information collected will only be used in accordance with this Privacy Policy. Please review this entire Privacy Policy carefully.  We remind you that if you visit a link outside of earthforce.com, then you are subject to the privacy policies of that other website, and CEC has no control over the information that may be collected from you by another website.

We may revise this Privacy Policy over time. If we make material changes, the changes will only be posted on this Web Site and we will update the “Effective Date” at the top of this page. Please check earthforce.com from time to time for the most current version of our Privacy Policy.

Information Collected and Stored Automatically

CEC's web servers automatically collect usage information from you when you visit earthforce.com. Web Site usage information informs us about how our visitors use and navigate this Web Site.  This information helps us give you the best possible experience.  For each page that you visit on earthforce.com, we may collect and store the following information:

  • the number of visits, including the date and time of access to earthforce.com;
  • the URL address of the earthforce.com webpage visited;
  • the length of time you stay on a webpage;
  • your Internet Protocol address;
  • name and contact information, including email address;
  • demographic information such as postcode, preferences, and interests; and
  • other information relevant to customer surveys and/or offers.

 

This data informs us about the number of visitors to this Web Site and the type of technology our visitors use.  

Additionally, certain pages of this Web Site may use cookies and clear graphics interchange format images (“GIFs”) to track and store your information for the purposes described in this Privacy Policy.  This allows us to recognize you as a registered user if you return to earthforce.com using the same computer and browser.  

A “cookie” is a tiny element of data that this Web Site can send to your browser, which may then be stored on your hard drive so that the CEC server can recognize you when you return. Websites use cookies to track activities (such as pages visited, links clicked) so that more customized features can be provided when the website user returns. Instructions on how to erase cookies or block this information from your computer is provided at the link below.

We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how you use earthforce.com. The information generated by the cookie about your use of this Web Site (including your IP address) will be transmitted to and stored by Google on servers owned by Google. Google will use this information for the purpose of evaluating use of earthforce.com, compiling reports on Web Site activity for Web Site operators, and providing other services relating to Web Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on Google’s browser.  To find out more information about Google Analytics, including information about its privacy policy, please visit https://support.google.com/analytics/answer/6004245?hl=en

To learn more about how to disable cookies in your browser, please visit https://www.usa.gov/optout-instructions.shtml.

Information Collected From You

On the earthforce.com website, you may be asked to voluntarily submit personal information such as your first and last name, company name, email address, phone number, fax number and address.  This may occur if you intend to access certain areas of the earthforce.com website.  You may also be asked to establish a login name and password in order to access certain areas of earthforce.com.  If you forget your password, you may request to reset your password.  In these cases, all information voluntarily submitted by you is retained by us and is used only for the express purpose for which it is provided and in accordance with this Privacy Policy. 

Your Ability to Choose

The information collected from you helps us communicate with you to provide information, products, and services that you have requested. It is your choice to send us these requests. Through your internet browser, you may have the option to reject this Web Site’s cookies and still use this Web Site. You may always opt out of receiving marketing emails by following the instructions on the marketing email that you receive from us.

How We Use and Share Your Information

We may combine the personal information that you provide us with other information about you that is available to us, including information from other sources (e.g. offline data or data obtained from third parties). The ways that we may use your information include:

  • to respond to your specific inquiries;
  • to troubleshoot any issues with respect to your use of earthforce.com;
  • to provide you with information on Earthforce products and services, either on a personalized or aggregate basis; and
  • to give earthforce.com editors anonymous, aggregate information that is useful for developing new features and products for our visitors and to improve the content and navigation on earthforce.com.

We may share your personal information with trusted third parties such as dealers, our third party website developer, and internal marketing administrators for the purposes described in this Privacy Policy. 

We may also disclose information to respond to legal requirements or requests, enforce our policies, and protect the rights, property and safety of CEC. Such information will be disclosed in accordance with applicable laws and regulations.

We will disclose information to law enforcement, governmental agencies, or third-parties authorized by law, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Web Site user to legal liability.  We may disclose your personal information, any communications sent or received by you, and any other information that we may have about you to prevent, investigate, identify persons or organizations potentially involved in activity that appears to us to be illegal, or that we believe may expose us to legal liability. Additionally, we may disclose personal information in situations that we believe to be emergencies involving potential threats to the physical safety or any person or property if we believe that the information in any way relates to that threat. In such events, we will disclose any information that is relevant and necessary to the investigation or to prevent injury or illegal activity.

In the event we are engaged in or contemplating a merger or other corporate acquisition with another business entity, personal information may be disclosed to and would likely be acquired by the other business entity.

Children

We care about the safety and privacy of children online, and we comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  COPPA and its accompanying regulations protect the privacy of children using the Internet. This Web Site is directed towards adults and we do not knowingly contact, market online to, or solicit information of any kind from children under the age of 13.

CEC does not:

  • knowingly collect, use, or disclose information from children under the age of 13;
  • have actual knowledge that it is collecting, using, or disclosing personal information from children under 13; or
  • have actual knowledge that it is collecting personal information directly from users of another website or online service directed to children under the age of 13.

If we are notified that information pertaining to a child under 13 was collected unintentionally or by fraud or by deception, then as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers.  If you want notify us of our receipt of information by a child under the age of 13, then please do so by sending an e-mail to ecomcustomerservice@earthforce.com.

Safeguarding Your Information

We utilize reasonable security measures designed to secure your information. For instance, your personal information is stored on servers that are password and firewall-protected.  Access to this information is limited to those employees and independent contractors with a need to know and only for the purposes identified in this Privacy Policy. We maintain safeguards intended to protect the security, integrity, and privacy of these servers and of your personal information. While we have implemented reasonable security measures to safeguard personal information, please keep in mind that "perfect security" does not exist on the Internet.

You are responsible for keeping your login name and password confidential and are responsible for all actions taken with your login name and password. If you believe that your password has been compromised for any reason, then you should immediately contact us and change your password.

Some of the pages on earthforce.com use security measures to protect against the loss, misuse, or alteration of information under our control.  When credit card information or other sensitive information is transmitted we use Secure Socket Layer (“SSL”) encryption.

Third Party Links

We use some social media tools and websites to interact with our customers.  There may be links to these other websites on earthforce.com. For example, we allow you to link to Facebook, Twitter, and various other social media sites from this Web Site. We have no control over these linked websites and they each have separate privacy and data collection practices that are independent of CEC. Some of these privacy policies are listed below:

When you follow a link to another site, you leave earthforce.com and your interactions are no longer protected by earthforce.com’s Privacy Policy.  We do not endorse the privacy or security practices of other websites.  Our Privacy Policy does not cover the information practices of other companies and organizations.

Additionally, certain social media websites and other websites may track your browsing activity across this Web Site as well as across other sites that you visit.  We strongly encourage you to read the policies of any third party website when deciding whether or not to use it.  

Contact Information

CEC has procedures to help you make sure that your information is accurate, current and complete. If you desire to correct any such information or if you have any questions or comments regarding this Privacy Policy, please contact us.

© 2018 Clark Equipment Company. All Rights Reserved.

Return and Refund Policy

Clark Equipment Company (CEC) as owner of the EarthForce trademark supports a 30 day return policy.  All items returned must be in the original packaging, in new uninstalled condition and you must include a copy of your invoice. Credit will be issued to the original credit card used to purchase the item.  If the incorrect order was an error by the customer, charges for shipping are not refundable. If it was a CEC error, CEC will cover shipping expenses and issue full credit for the parts. For your protection, we recommend that you use Insured Parcel Post and that you keep all the shipping receipts. All shipments must be prepaid, COD and freight collect shipments will be refused. CEC is not responsible for returned merchandise lost in transit. A credit will be issued when we have received the part and verified that its condition is acceptable.

Returns will not be accepted without a Return Authorization Number. Please click on Returns and fill out a short form to receive a Return Authorization Number, prior to returning any merchandise.

CEC reserves the right to refuse any returns if they do not meet our return requirements. If these requirements are not met, parts will be either scrapped or returned to you at your expense.

Warranty Policy

Clark Equipment Company (CEC) as owner of the EarthForce trademark warrants to its customers that each new EarthForce part will be free from proven defects in material and workmanship with respect to (i) all parts except as otherwise specified herein for six (6) months or 1000 hours, whichever occurs first, (ii) EarthForce branded tracks and tires, for twelve (12) months on a prorated basis based on the remaining depth of the track or tire at the time any defect is discovered, (iii) auxiliary hydraulic quick couplers for six (6) months or 200 hours, whichever occurs first, (iv) turbo chargers, starters, and alternators for twelve (12) months or 1000 hours, whichever occurs first. The foregoing time periods shall all commence on the purchase date by the original buyer.

During the warranty period the owner shall provide proof of purchase for warranty coverage. CEC may, at its option, require failed parts to be returned for analysis. The shipping charges are the responsibility of the customer. If the part is deemed warrantable, credit will be given for shipping charges and the purchase price of the failed part. If the part is determined to be non-warrantable, the customer will be responsible for return shipping charges at CEC’s shipping rates.

Parts installed by a person or entity that is not an authorized EarthForce dealer exclude labor. Travel time of mechanics and transportation of the EarthForce product to the authorized EarthForce dealer for warranty work are the responsibility of the owner. The remedies provided in this warranty are exclusive.

This warranty does not cover replacement of scheduled service items such as oil, filters, tune-up parts, and other high-wear items. This warranty does not cover damages resulting from abuse, accidents, alterations, use of the EarthForce product with any accessory or attachment not approved by CEC, air flow obstructions, or failure to maintain or use the EarthForce product according to the instructions applicable to it.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXCEPT THE WARRANTY OF TITLE. CEC DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CEC OR THE AUTHORIZED EARTHFORCE DEALER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOSS OF MACHINE USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF CEC OR THE AUTHORIZED EARTHFORCE DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CEC AND THE AUTHORIZED EARTHFORCE DEALERS WITH RESPECT TO THE PRODUCT AND SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED.


© 2018 Clark Equipment Company. All Rights Reserved.

©2017 Clark Equipment Company. All rights reserved.