General Terms and Conditions

Effective January 1, 2011

Download Colt International's General Terms and Conditions

1. Application.
   These General Terms and Conditions shall apply to all transactions between Customer and either Colt International, LLC; Colt International Europe, SARL; or Colt International das Américas Serviços de Aviação Ltda. References to Colt hereunder shall include, as appropriate, each of the foregoing entities. Without limitation, these General Terms and Conditions shall apply (a) to all of Customers purchases of aviation fuel and/or flight services from Colt and (b) to any guaranty executed on behalf of Customer for Colt's benefit.
2. Prices.
   Pricing and other charges for aviation fuel and flight services shall be established from time to time by Colt. If not agreed upon at the time of request, prices for aviation fuel and flight services shall be determined by Colt in its reasonable discretion. Unless Customer is otherwise notified by Colt, all charges for aviation fuel and flight services will be in US Dollars. All payments not received by the due date shall bear interest at the lesser of 12% per annum or the maximum legal rate. Without limitation to any other remedy to which Colt may be entitled hereunder, Colt shall additionally be entitled to recover all costs and expenses of any kind or character incurred in collecting any past due invoices, including attorney fees and expenses and all costs of arbitration, including arbitrator s fees.
3. Additional Charges.
   Customer also agrees to pay Colt an administrative fee equal to 10% of all non-aviation fuel items charged on the Colt Contract Fuel Program. Customer further agrees to pay, discharge and/or reimburse Colt for (i) cash and credit advances and fees; and (ii) all additional third party charges and disbursements incurred for Customer's benefit.
4. Taxes.
   Customer shall also pay to Colt all governmental taxes, excises, duties and/or other charges now or hereafter assessed, imposed or levied relative to the aviation fuel or the flight services.
5. Disputed Invoices.
   Unless disputed in writing by Customer within 45 days of the invoice date, all invoices shall be deemed correct and accepted by Customer. All disputes shall be forwarded to Colt by hand delivery or fax.
6. Third Party Providers.
   Colt has developed and continues to develop a worldwide network of persons and entities to provide aviation fuel and flight services requested by Customer (a Third Party Provider). Each Third Party Provider is an independent contractor and Colt does not have the right to supervise and does not supervise details of its operations. Colt shall not be liable for the acts and omissions of any such Third Party Provider. Colt's sole obligation shall be to use ordinary care in the selection of any such Third Party Provider. Customer will provide Colt with immediate notice of any dispute with a Third Party Provider. If Colt has paid the Third Party Provider prior to receiving Customer s notice of dispute, Customer shall pay Colt in full, subject to subsequent credit or refund from Colt to the extent of any refund or credit received from the Third Party Provider. In no event, however, shall Customer be relieved of its obligation to timely pay all undisputed portions of the invoice.
7. Lien Rights.
   In the event Customer fails to make full payment when due, Customer acknowledges and agrees that Colt (or any affiliated company) may, in addition to all other rights and remedies, invoke any and all statutory or equitable lien rights or those of any participating aviation merchants in connection with the enforcement of Colt's right to payment under this Agreement, and hereby authorizes Colt to file a lien for the unpaid charges, plus late fees at 12% APR, aircraft title search fees, filing fees, collection costs and attorney fees, against any aircraft for which charges were incurred and made to Customer's Colt account. Customer represents and warrants that Customer either owns the aircraft for which goods and services are purchased, or is lawfully possessed of the aircraft with the owner's express consent to purchase goods and services for the aircraft on credit provided by Colt. Customer agrees to indemnify and hold Colt harmless from and against any and all claims arising out of Colt s filing or enforcement of a lien against the aircraft. If the debt remains unpaid, Colt may institute an action against the Customer (and/or the aircraft owner) to foreclose the lien and to collect the debt. In recognition of the international and mobile nature of aviation and aircraft, and the necessity for legal certainty, predictability and convenience, and to avoid filing liens in multiple jurisdictions, any lien filed by Colt shall be based, at Colt s sole discretion, either upon the aircraft lien statute of the State of Texas, Texas Property Code § 70.301 et al, or the applicable aircraft lien statute of the foreign country in which the aircraft is registered, regardless of where (a) the Customer resides or does business, (b) the aircraft owner resides or does business, (c) the aircraft was at the time such charges were incurred, (d) the aircraft is registered, or (e) jurisdiction may otherwise be proper. The Customer will be liable to Colt for all costs and expenses of lien preparation and filing, collection and litigation including, but not limited to, late charges, attorney fees, court and discovery costs and/or other costs incurred by Colt in enforcing its rights hereunder. Customer agrees that venue for enforcement of this Agreement and any lien shall be in the state courts of Harris County, Texas, USA, regardless of diversity issues or amounts owed. By Customer s use of Customer s Colt account, Customer waives all objections to the foregoing choice of law or forum. Service of process by certified mail, return receipt requested, postage prepaid and mailed to Customer at the address on the application shall be sufficient to confer jurisdiction regardless of where Customer is geographically located or do business.
8. Force Majeure.
   Colt shall be excused from performing any obligation to Customer if Colt's performance is delayed or precluded by one or more conditions beyond Colt's reasonable control. In no event shall such condition excuse Customer's payment for aviation fuel or flight services that have been provided to Customer.
9. Delivery, Title, and Risk of Loss.
   All sales of aviation fuel shall be either Into Wing or Into Storage transactions. As used hereunder, Into Wing means that (a) the aviation fuel shall be delivered into the fuel tanks of Customer's aircraft and (b) title to and risk of loss for the aviation fuel delivered hereunder shall pass from Colt to Customer after the aviation fuel has passed through the connecting hoses into the fuel tanks of such aircraft. As used in this Contract, Into Storage means that (a) the aviation fuel shall be delivered into storage into the appropriate storage tank(s) at or near the designated airport and (b) title to and risk of loss for the aviation fuel delivered hereunder shall pass from Colt to Customer after the aviation fuel has passed through the connecting hoses into the appropriate storage tank(s).
10. Disclaimer.
    COLT MAKES NO WARRANTY OR REPRESENTATION, OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO AVIATION FUEL OR FLIGHT SERVICES PROVIDED TO CUSTOMER HEREUNDER. COLT EXPRESSLY DISCLAIMS AND CUSTOMER HEREBY WAIVES ALL WARRANTIES, GUARANTEES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES WITH RESPECT TO ALL AVIATION FUEL AND FLIGHT SERVICES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (a) AN IMPLIED WARRANTY OF MERCHANTABILITY, (b) ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE OR (c) ANY IMPLIED WARRANTY OF FITNESS. UNLESS CAUSED SOLELY BY COLT'S GROSS NEGLIGENCE, COLT SHALL HAVE NO LIABILITY TO CUSTOMER RELATIVE TO ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND OR CHARACTER, ATTRIBUTABLE TO THE AVIATION FUEL OR FLIGHT SERVICES. IN NO EVENT SHALL COLT BE LIABLE TO CUSTOMER FOR EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS. IT SHALL BE THE RESPONSIBILITY OF CUSTOMER TO MAKE ANY AND ALL INSPECTIONS AND INVESTIGATIONS AS CUSTOMER DEEMS NECESSARY TO ASCERTAIN THE INTEGRITY, FITNESS OR SUITABILITY OF AVIATION FUEL OR FLIGHT SERVICES HEREUNDER. IF, DESPITE THE FOREGOING, COLT IS NONETHELESS HELD LIABLE FOR DAMAGES TO CUSTOMER, COLT'S AGGREGATE LIABILITY TO CUSTOMER SHALL IN NO EVENT EXCEED THE PRICE OF THE AVIATION FUEL AND/OR SERVICES ACTUALLY PAID BY CUSTOMER TO COLT FOR THE SPECIFIC SALE THAT GAVE RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY PROVISIONS ARE AN ESSENTIAL ELEMENT OF THESE TERMS AND CONDITIONS AS, IN THE ABSENCE OF SUCH PROVISIONS, THE PRICES AND OTHER TERMS AND CONDITIONS HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.
11. Indemnity.
    Excepting only claims attributable solely to Colt's gross negligence, Customer shall indemnify and hold Colt harmless from any and all claims of any kind or character against Colt (including Colt s officers, directors, employees, agents, servants, and attorneys) attributable, directly or indirectly, to aviation fuel or flight services provided to Customer or Colt s attempts to collect payment on this account. For purposes hereof, gross negligence means acts or omissions by Colt constituting a willful indifference to Customer or Customer s property.
12. Export Control.
    THE WORD RESTRICTED COUNTRY SHALL MEAN THE COUNTRIES LISTED IN COUNTRY GROUPS Q, S, W, Y, AND Z IN SECTION 770 SUPPLEMENT NO. 1 OF THE EXPORT ADMINISTRATION REGULATIONS OF THE UNITED STATES (15 D.F.R. PART 770) CUSTOMER EXPRESSLY AGREES NOT TO RE-EXPORT AND SHALL NOT DIRECTLY OR INDIRECTLY RELEASE OR MAKE AVAILABLE ANY AVIATION FUEL OR FLIGHT SERVICES PROVIDED TO CUSTOMER FROM COLT TO ANY RESTRICTED COUNTRY OR ENTITY IN A RESTRICTED COUNTRY (OR ANY OTHER COUNTRY AS MAY BE DESIGNATED FROM TIME TO TIME BY THE UNITED STATES DEPARTMENT OF COMMERCE, OR ANY UNITED STATES LAW, RULE, REGULATION OR ORDER, OR ANY TREATY) OR FOR USE IN SERVICING EQUIPMENT OWNED, CONTROLLED OR USED BY SUCH MILITARY OR POLICE ENTITIES.
13. Exclusive Benefit.
    The aviation fuel and flight services provided hereunder are for the sole and exclusive use of Customer. Customer may not transfer any such aviation fuel or flight services to any third party or allow any third party to access or use such aviation fuel or flight services.
14. Arbitration/Governing Law.
    (a) All transactions between Customer and Colt International Europe, SARL shall be governed by Swiss law. Any dispute, controversy or claim arising out of or relating to the Customer's purchase of aviation fuel or flight services from Colt International Europe, SARL or with respect to the Customer's Account Agreement, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the applicable Rules of Arbitration of the Geneva Chambers of Commerce and Industry in force on the date when the Notice of Arbitration is submitted (herein the Rules) in accordance with the Rules. For Customers with their domicile within Switzerland the then-current version of the Rules of Arbitration of the Geneva Chamber of Commerce and Industry (CCIG) shall apply. For Customers domiciled outside Switzerland, the then-current version of the Swiss Rules of International Arbitration shall apply. The number of Arbitrators shall be three, appointed in accordance with the Rules. In all cases, each arbitrator shall be impartial and independent of the parties and their legal counsel. The seat of the arbitration shall be Geneva, Switzerland, unless the parties agree on a different seat. The arbitral proceedings shall be conducted in the English language. (b) All transactions between Customer and Colt International, LLC shall be governed by the laws of the State of Texas. Any and all disputes, controversies, or claims arising out of or relating to Customer's purchase of aviation fuel or flight services, including without limitation, claims based on contract, tort, or statute, shall be determined by arbitration in Houston, Harris County, Texas before a panel of three arbitrators. In rendering the award, the arbitrators will determine the rights and obligations of the parties in accordance with the substantive law of Texas as though acting as a court in a civil action in Texas. Except as otherwise set forth herein, these proceedings shall be governed by the provisions of the American Arbitration Association. Either party, as the demanding party, may initiate arbitration by giving the other party a written demand for arbitration (the Demand). The Demand shall contain a statement of the demanding party's position as to the matters in dispute, the amount of the claim, and the remedy sought. The other party, as the responding party, shall file a response (the Response ) within ten days from his receipt of the Demand. The Response shall contain a statement of the responding party's position as to the matters in dispute, including any defenses and/or cross-claims. Within seven days from his receipt of the Response, the demanding party shall file a reply as to any cross-claims in the Response. The initial arbitrator shall be designated and identified by the demanding party in the Demand. The second arbitrator shall be designated by the responding party in the Response. Within ten business days from the date the Response is served, the two arbitrators so selected shall select the third arbitrator. If the two arbitrators fail to agree on the selection of a third arbitrator, any party or arbitrator may apply to a state district judge in Harris County, Texas to select the third arbitrator. Any decision on an issue submitted to arbitration may be made by a majority of the arbitrators. The arbitration proceedings shall commence within 90 days from the date all arbitrators are appointed. Any arbitrator appointed hereunder must agree, as a condition of service, that the arbitration proceedings will be commenced within said time period. If a party fails or refuses to appear or participate in the arbitration, or in any portion of the arbitration, after having been given notice and opportunity to participate as provided in this agreement, the arbitration will proceed and the arbitrators may render a final award on the basis of the evidence presented by the participating party. If the responding party fails to file a Response or designate a second arbitrator, these proceedings may be conducted before the initial arbitrator whose findings shall be binding. An award rendered under such circumstances is valid and enforceable as if all parties had participated fully. In no event shall Customer be entitled to recover attorney fees or expenses or other expenses of this arbitration. The arbitration award shall be in writing, signed by the arbitrators. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction over the parties. (c) All transactions between Customer and Colt International das Américas Serviços de Aviaç´o Ltda, shall be governed by Brazilian Law and any dispute hereunder shall be settled by the Courts of the City of S´o Paulo, State of S´o Paulo, Brazil.
15. Amendments.
    Colt may amend these terms and conditions at any time upon notice to Customer. Such amended terms and conditions will apply to all subsequent transactions with Colt.

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Colt Rewards Program Terms and Conditions

The following terms and conditions shall apply to the Colt Rewards Program (CR Program) as established by Colt International, LLC "Colt."

Eligibility

1. Subject to the terms and conditions hereof, all persons and entities with an approved Colt Ccustomer Account ("Customer Account") and based in the United States, Canada or Mexico are eligible to enroll in the Colt Rewards Program.

Points

1. Under the Colt Rewards Program, Points may be accrued in a Colt Rewards Account (CR Account) and redeemed for a Visa Gift Card or Colt Credit as stated below.
2. Each qualified Customer enrolled in the CR Program will accrue one Point in their CR Account for each (a) gallon of fuel delivered FOB into the Customer's aircraft and charged and billed on the Customer Account and (b) dollar spent for Colt's operations services exclusive of taxes and third- party fees. All charges must be paid in a timely manner for Points to be accrued in the Customer's CR Account. If an invoice is not paid in accordance with its terms, all otherwise eligible Points on that invoice may be forfeited.
3. Bulk deliveries and special pricing contracts are not eligible for participation under the CR Program.
4. The Customer will not accrue Points for purchases made prior to the Customer's date of enrollment in the CR Program.
5. To be eligible to redeem Points, the Customer Account must be current in all its payments of Colt invoices at the time of the redemption request. If a Customer fails to timely pay any invoice from Colt, the Customer's enrollment in the CR Program may be cancelled and/or Points accrued in the CR Account forfeited.
6. Credits posted to a Customer Account will be deducted correspondingly from the Points accrued in the Customer's CR Account.
7. Points accrued in a CR Account are not transferable.
8. Points expire two years from the date the Points were accrued in the Customer's CR Account.
9. If for any reason Colt cancels a Customer Account, any Points accrued in the Customer's CR Account(s) will be forfeited. If a Customer cancels a CR Account or a Customer Account, all Points accrued in the CR Account may be forfeited immediately.
10. Should a customer fail to make purchases on the Customer's Account for a period of six consecutive months or more, all Points accrued in the CR Account may be forfeited.
11. If a Customer has more than one CR Account, the Customer, upon written notice to Colt, may consolidate all Points into one CR Account provided all other conditions hereunder have been met.
12. A CR Account that has no redemption activity for a two-year period will be inactivated. All Inactive CR accounts are subject to immediate forfeiture of all accrued Points and will be removed from the CR Program.

Redemption of Points

1. The request for redemption of Points from the CR Program must be made to Colt in writing (email is acceptable) by the authorized representative of the Customer listed on the CR Account (or such other party as authorized in writing by the Customer). The redemption request will identify either a Visa Gift Card or Colt Credit as the method of redemption.
2. Each 100 Points accrued in a CR account is equal to $1 in redemption. Only Approved Points will be redeemed.
3. Unless otherwise requested in writing by the Customer, all Visa Gift Cards or other rewards shall be issued in the name of the Company. Colt will provide the vendor with shipping information as it appears on the Customer's account for shipping Visa Gift Card(s), unless an alternate address is provided in writing (email is acceptable) to Colt per each Redemption request. Colt shall have no liability to the Customer for any unauthorized acts hereunder on the part of the Customer's employees, contractors or agents.
4. Upon Customer's written request (email is acceptable) a Colt Credit shall be issued. Said credit will be applied to the Customer's most current, unpaid Colt invoice upon completion of Colt's processing of the requested credit.
5. Fraud or abuse related to the accrual of Points or redemptions of Rewards will result in forfeiture of accrued Points as well as cancellation of Customer's CR Account and Customer Account.

Rewards

1. The Customer may redeem Points for a Visa Gift Card from a vendor selected by Colt. Visa Gift Cards must be accepted as awarded. A Customer's rights in the Visa Gift Card shall be governed by the terms of the Visa Gift Card, as dictated by the vendor.
2. Colt shall have no liability to any Customer should a merchant fail to honor the issued Visa Gift Card. Moreover, Colt makes no warranty, express or implied, of any kind or character, regarding any product or service received by Customer under the Visa Gift Card.
3. Visa Gift Cards or other rewards are not transferrable.
4. Expedited delivery of a Visa Gift Card is available upon request. The cost to FedEX a gift card is set forth by the Gift Card vendor. That amount will either be deducted from the gift card total or an equivalent amount of points will be deducted from the Customer's CR Account.
5. Unless otherwise stated on the Visa Gift Card, Visa Gift Cards do not include any federal, state or local taxes, which are the sole responsibility of the Customer. The determination of tax liability for any federal, state or local taxes, as may be applicable, arising out of the accrual of Points or redemption of Points in the CR Program, shall be the sole responsibility of the Customer.
6. Use of any Visa Gift Card is subject to any additional restrictions listed on the Visa Gift Card or as specified by the participating merchant.
7. Colt reserves the right to award alternative, equivalently valued rewards to participating Customers.

Colt Credit

1. Colt Credit may only be issued in the Company name on the CR account. A Colt Credit may not be applied on behalf of the Company to another Colt Customer's account.
2. Colt Credit may not be applied to past due invoices or toward a Colt account that has been placed on credit hold.

General

1. All offers under this CR Program are void where prohibited by applicable law.
2. Colt reserves the right to modify or terminate the CR Program at any time without prior notice.
3. These terms and conditions are governed by and construed under the laws of the State of Texas.
4. Disputes of any kind or character arising out of the CR Program shall be resolved by binding arbitration in Houston, Texas before a panel of three arbitrators in accordance with the Commercial Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

General Terms of Use of Website

Colt provides this website to you, an authorized user, subject to the following terms of use. Colt may revise these terms at any time without notice. You should revisit this website periodically to insure you are aware of the most recent Terms; such revised terms will be binding on you.

Your use of this website after such changes constitutes your agreement to such changes.

1. You are prohibited from violating, or attempting to violate, the security of this website. Any such violations may result in criminal and civil liabilities to you. Colt will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of this website include, without limitation, the following:
   • Logging into or attempting to log into a server or account that you are not authorized by Colt to access;
   • Assigning your access to this website to any third party without Colt's prior express written consent;
   • Accessing data or taking any action to obtain services not intended for you or your use;
   • Impersonating any individual or entity, falsely stating or otherwise misrepresenting your identity or affiliation in any way;
   • Attempting to probe, scan, or test the vulnerability of this website;
   • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
   • Engaging in conduct which could damage or impair the intended operability of this website;
   • Engaging in deceptive online marketing; or
   • Assisting or permitting any persons in engaging in any of the activities described above.
   • Transmitting material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this website;
   • Interfering with, intercepting or expropriating any system, data or information; or
   • Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system.
2. You are prohibited from using this website or services to infringe on any person's copyright, trademark, patent or other intellectual property rights.
3. In using this website, you must not:
   • Post, email, or otherwise transmit or use this website in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that Colt in its sole discretion does not wish posted or transmitted on this website;
   • Continue to send email to a recipient who has indicated that he/she does not wish to receive a communication from you;
   • Engage in conduct that would: violate any applicable law or regulation;
   • Engage in conduct which could damage or impair the intended operability of this website;
   • Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way;
4. You must exercise caution, good sense and proper judgment in using this website. You are responsible for any material you place on or transmit to or through this website. You agree that any information you post to or transmit through this website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information.
5. You agree that use of any information obtained from this website is at your own risk.
6. Colt reserves the right to refuse or delete any of your content as well as suspend or terminate without notice your access to this website upon a violation or attempted violation of this agreement.
7. Your use of this website is also subject to the terms of Colt's Privacy Policy, a copy of which, as from time to time amended, can also be found on this website.

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Privacy Policy

This Privacy Policy has been adopted by COLT INTERNATIONAL ("Colt") in compliance with Section 35.581 of the Texas Business & Commerce Code. This Privacy Policy has also been structured to conform to applicable industry standards and practices existing at the time of its posting, including those promoted by the Online Privacy Alliance at www.privacyalliance.org, trust-e at www.etrust.com or www.truste.com, among others. This Privacy Policy describes:

• How Personal Identifying Information is collected;
• How and when Personal Identifying Information is used;
• How Personal Identifying Information is protected; and
• How Personal Identifying Information is disposed.

Except as described in this Privacy Policy, Colt does not intentionally disclose Personal Identifying Information to any third party. It is Colt's policy, as set forth hereunder, to protect Personal Identifying Information. However, in no event does Colt warrant or guarantee the complete secrecy of such information.

1. Definitions. For purposes of this Privacy Policy, the following terms shall have the meanings assigned to them hereunder:
   • "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by: (i) handwriting; (ii) typewriting; (iii) printing; (iv) photostat; (v) photograph; (vi) magnetic impulse; (vii) mechanical or electronic recording; (viii) digitized optical image; or (ix) another form of data compilation.
   • "Personal Identifying Information" means an individual's first name or initial and last name in combination with any one or more of the following items: (i) date of birth; (ii) social security number or other government-issued identification number; (iii) mother's maiden name; (iv) unique biometric data, including the individual's fingerprint, voice print, and retina or iris image; (v) unique electronic identification number, address, or routing code; (vi) telecommunication access device, including debit and credit card information; or (vii) financial institution account number or any other financial information.
2. How Personal Identifying Information is collected:
   • Colt's Credit Application. As part of Colt's credit application process "Personal Identifying information" may be voluntarily obtained from each customer of Colt or, if applicable, an individual guarantor of the customer's account. Colt may also obtain information about a customer's or a guarantor's creditworthiness and credit history from consumer reporting agencies; such information may consist of Personal Identifying information. Colt may also collect background information from third-parties to verify representations made to Colt; such responsive information may consist of Personal Identifying information.
   • Colt Website. If you are visiting the Colt website (www.coltinternational.com), Colt collects the following information: the full Uniform Resource Locator ("URL") of the Web page from which you came to the website; your Internet Protocol ("IP") address, which may include a domain name; the date and time for each page you view; the name of and information about any advertisement that brought you to the Colt website; searches you perform, links you click on; and computer and connection information such as browser type and version, operating system, and platform. Colt also transmits cookies to your computer so we can track the pages of our website that you view and the order in which you view them. Any other information that you might submit to the Colt website, including Personal Identifying Information, may be maintained by Colt.
   • Communications with Colt. If you communicate with Colt, we may store copies of such communiqués (including email or similar communications). This can result in the collection of Personal Identifying Information you may have disclosed in your communiqués.
3. How and when Personal Identifying Information is used:
   • Personal Identifying Information voluntarily provided by or on behalf of Colt's customers is used by Colt as part of our credit application process. This would include both the establishment of credit with Colt, and, if necessary, for use by Colt and its legal representatives in enforcing and/or collecting delinquent accounts.
   • Personal Identifying Information may also be used by Colt as part of its providing goods and/or services to its customers and in respond to billing and/or other such questions related to such goods and services.
   • "Cookies" are files stored on your computer's hard drive by your browser. Colt may use cookies for such functions as verifying that you are an Colt user, counting and tracking your Colt website visits, setting the appearance of the toolbar, helping the toolbar remember which module and tab you were last on and which search feature you used last, remembering the default search engine that you used in our Web search feature, determining the length of time you spent on a Web page, and keeping the nickname you used when you wrote your last Web review. We further use cookies to determine the number of visitors that came to the Colt website through a particular advertisement. Your Colt cookie number is also used to create usage and shopping paths and to correlate those with any demographic information you provide, but we do not use your cookies, usage paths, shopping paths, or product purchasing information to attempt to determine your identity. Your cookie also may contain information about the last several websites that you visited.
   • Colt may use IP addresses to diagnose problems with our servers and to administer our website. Your IP address also is used by Colt to gather broad demographic information, such as your general geographic location and Internet Service Provider. IP addresses are further used to help determine the number of Colt users. This demographic information may also be used by Colt to analyze aggregate Web usage behavior.
   • If you gave Colt your email address, we may use it to send you Colt newsletters, product updates, service-related information, and other offers and information from Colt. Colt also may contact you by email to respond to your submissions and customer service inquiries.
   • Colt may disclose any information we possess in response to subpoenas, court orders, or legal requirements, and such information might be used by the receiving party to determine your identity, your Web usage and online shopping behavior, or other things about you.
   • Colt may employ other companies and individuals to perform functions on our behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to Colt databases and servers, which may contain Personal Identifying Information.
   • Colt may also employ attorneys, financial advisors, accountants and/or auditors who, in their performance of services on behalf of Colt might have access to Personal Identifying Information.
4. How Personal Identifying Information is protected:
   • All Personal Identifying Information received in the normal course of business is treated as Colt's other Proprietary Information.
   • All employees of Colt are required to sign Non-Disclosure Agreements that prevent their disclosure of such information. Effective with Non-Disclosure Agreements executed on or after October 1, 2005, Personal Identifying Information is specifically included within the definition of Colt's Proprietary Information.
   • Colt attempts to physically secure "hard copies" of our Business Records containing Personal Identifying Information.
   • Colt uses commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These risks, however, cannot be completely eliminated and Colt therefore cannot guarantee complete security.
   • If you send Colt an email, you should know that email is not necessarily secure against interception. So, if your communication includes Personal Identifying Information and you prefer not to contact us by postal mail or telephone rather than email.
5. How Personal Identifying Information is Disposed. When Colt disposes of a Business Record that contains Personal Identifying Information, Colt will modify the Personal Identifying Information by shredding, erasing, or other means, to make it unreadable or undecipherable. Colt may, but shall not be required to contract with a person engaged in the business of disposing of records for the modification of Personal Identifying Information.

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