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Site Terms and Conditions of Use

Site Terms and Conditions of Use

Last Revised on July 18, 2016

 

In General

Please review these terms and conditions, which govern your use of AndersenCorporation.com, andersenwindows.com, silverlinewindows.com, americancraftsmanwindows.com, andersenhomedepot.com, stormdoors.com, parts.andersenwindows.com, any Andersen mobile site, and any mobile applications, such as the Andersen Corporation applications available on your (or a third party’s device you may use) iPhone or Android operating-system-compatible mobile device, and any other site on which these terms and conditions appear (collectively all of the foregoing are referred to as the “Site” or “Sites”). All of the above websites, blogs, social media sites and online presences are provided by Andersen Corporation or one of its subsidiaries or affiliates (collectively, “Andersen”) to its customers, unless specifically provided otherwise on the Site.  

 

Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy Policy (collectively, the “Terms”) without any modification by you. Please review the Terms carefully. If you do not agree to the terms, do not use the Site(s).  The Terms inure to the benefit of Andersen and its subsidiaries and affiliates.  Renewal by Andersen LLC, a subsidiary of Andersen Corporation, has a separate Site Terms and Conditions of Use for use of its sites and applications and use of such Renewal by Andersen LLC sites and applications will be governed by the Site Terms and Conditions of Use found on such sites and applications and not this Site Terms and Conditions of Use. 

 

By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older; or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use this Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

 

If we determine that a child under the age of 13 has provided personal information on the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at legal-notices@andersencorp.com so that we can delete the information.

Pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (http://www.getnetwise.org/) and OnGuardOnline (http://onguardonline.gov). Andersen does not endorse any of the products or services listed on such websites.

 

Copyrights

The copyright in the Site is held by Andersen or authorized owners. All material provided on the Site is protected under United States copyright laws and international copyright laws and treaty provisions and is owned or licensed by Andersen or its software and content suppliers and licensors. Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without the prior written permission of Andersen.

 

Trademarks

Any trademarks, trade names, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Site are property of Andersen or authorized third party owners and are protected as registered and unregistered trademarks and copyrights.  Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.

 

Licensing and Permissions

Other than as expressly provided herein, Andersen requires a license agreement or written permission from an authorized agent at Andersen prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to Andersen. Any misuse of intellectual property belonging to Andersen is strictly prohibited.

You are permitted to print one copy of material purposely made available by Andersen for downloading from the Site solely for your personal, non-commercial use, provided you: do not modify the materials, retain all copyright and other proprietary notices contained in the materials, and do not make any additional representations or warranties relating to such materials. You are also permitted to use materials from the Site pursuant to any fair use requirements under applicable law.  The permissions noted herein terminate automatically if you breach any of the terms and conditions contained herein.  

You may not: (a) download or print any materials on, or portion of, the Site for any commercial purpose, including, but not limited to, use on other websites; (b) use Andersen’s trademarks or other intellectual property if such use is likely to cause customer confusion; or (c) use Andersen’s intellectual property in any manner that disparages or discredits Andersen.  You must: (i) properly attribute to Andersen and anyone else who is attributed to the original image in any use of an image from a Site; and (ii) accurately identify any product that appears in an image. 

For additional information on license agreements and Andersen’s intellectual property, including trademarks and copyrights, contact us at: legal-notices@andersencorp.com.

 

All Rights Reserved

Andersen does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property displayed on, connected to, or related to the Site.

 

Information Submitted

Any communication or material submitted to the Site including, but not limited to, by electronic mail, text and/or website submission (“Site Submission”) is considered to be non-confidential and nonproprietary. Such communication may include without limitation, questions, comments, suggestions, and ideas. Any Site Submission is the exclusive property of Andersen.  Andersen shall have a perpetual royalty free and exclusive license to any Site Submission.  Andersen shall be free to use Site Submissions for any purpose whatsoever without restriction or further notice or compensation. This means that you disclaim any proprietary rights in such Site Submissions , and you acknowledge Andersen’s unrestricted right to use the content of the Site Submission, in part or in total, (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, attribution, or other obligation to you or any other person. It also means Andersen has no obligation to keep your Site Submission confidential.

Although Andersen is under no obligation to review or monitor Site Submissions you submit, Andersen reserves the absolute right to do so in its sole discretion. In addition, Andersen reserves the right to alter, edit, create derivative works, refuse to post or remove any Site Submissions, in whole or in part, for any reason or for no reason. Andersen has the right, but not the obligation, to monitor, edit or remove any content at any time and without notice.  Andersen also has the right and reserves the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our web site users.  Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as private.  You agree that Andersen does not have any obligation to use or respond to any Site Submission.

 

You are responsible for all of your Site Submissions. You may not submit any material misrepresenting yourself as someone else or using a false e-mail address. Do not submit any material or links to material that violates the rights of any third party, violates copyright rights, violates trademark rights, is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Andersen, and its affiliates, subsidiaries, business partners, dealers, insurers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Site or access to the Site, or your violation of either these terms of service, applicable law or the rights of any third party.

 

User Generated Content

Andersen may, from time to time, request your permission to use photos or other information posted on social media channels (“User Generated Content”, or “UGC” for short).

 

If you are contacted by Andersen for use of your UGC and you grant your permission, you promise that you own such UGC and you give permission to Andersen to use your UGC as follows: you grant to Andersen and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your UGC in connection with the Site and for other Andersen marketing purposes. Andersen may display advertisements in connection with your UGC or on pages where your UGC may be viewed by you or others, and Andersen may use your UGC to advertise and promote Andersen. Andersen’s license to your UGC is non-exclusive, meaning you may use the UGC for your own purposes or let others use your UGC for their purposes. Andersen’s license to your UGC is fully-paid and royalty free, meaning Andersen does not owe you anything else in connection with Andersen’s use of your UGC. Andersen may exercise its rights anywhere in the world. Finally, Andersen’s license is perpetual, meaning that the license lasts for an indefinite period of time.

 

You promise that: (1) you own all rights to your UGC or, alternatively, that you have the right to give Andersen the rights described above; (2) you have paid and will pay in full any fees or other payments that may be related to the use of your UGC; and (3) your UGC does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

Andersen may refuse to accept or transmit UGC for any reason and Andersen may remove UGC from the Site for any reason.

 

Product Orders

While we use our best efforts to fulfill all orders, Andersen cannot guarantee the availability of any particular product displayed on the Site. Andersen reserves the right to discontinue the sale of any product listed on the Site at any time without notice. Product prices (if any) offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site (if any) are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

 

We do not guarantee that any content is accurate or complete, including price information (if any) and product specifications. Andersen reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

 

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the Site.  If you believe any materials on the Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

 

  • A physical or electronic signature of the copyright holder or authorized representative;
  • Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
  • Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Andersen to locate the material;
  • Your name, address, telephone number and, if available, e-mail address;
  • A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law;
  • A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

     

    All DMCA notices should be sent to our designated agent as follows:

    legal-notices@andersencorp.com.

    Code of Conduct

    You agree that you will not do any of the following (collectively, the “Code of Conduct”):

     

  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
  • Use the Site or content on or from the Site for any unlawful purpose
  • Express or imply that any statement you make is endorsed by Andersen or its subsidiary or affiliate companies
  • Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Andersen’s or any third party’s intellectual property rights or other rights; (iii) intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) non-public information about a company or individual without the express written authorization to do so
  • Engage in any spamming, any flooding, any phishing or any other activity intended to gather information unlawfully
  • Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
  • Remove any copyright, trademark or other notices of proprietary rights contained on the Site
  • “Frame” or “mirror” any part of the Site without Andersen’s prior written authorization
  • Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
  • Harvest or collect information about Site visitors without Andersen’s prior written consent
  • Take any action that imposes an unreasonable or disproportionately large load on Andersen’s infrastructure

 

Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. ANDERSEN ENDEAVORS TO MAINTAIN THE SITE, THE INFORMATION IN THE SITE(S) AND THE SITE’S OPERATION (ALL THREE COLLECTIVELY “SITE CONTENT AND OPERATION”).  ANDERSEN IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SITE CONTENT AND OPERATION. THE SITE, THE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ANDERSEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR SITE CONTENT AND OPERATION. ANDERSEN MAKES NO WARRANTY THAT (I) THE SITE CONTENT AND OPERATION WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE CONTENT AND OPERATION WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT ANDERSEN) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.

 

Limitation of Liability

IN NO EVENT SHALL ANDERSEN BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. ANDERSEN SHALL NOT BE LIABLE EVEN IF ANDERSEN OR AN ANDERSEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

 

Links to Other Sites

As a convenience to you, Andersen provides links to websites operated by others. Andersen makes no representations about websites accessed from the Site which are not maintained, controlled or created by Andersen and does not endorse any linked websites or the information appearing thereon. Links do not imply that Andersen endorses, is affiliated with, or associated with such linked websites.

 

Indemnification

You agree to indemnify, defend, and hold harmless Andersen, and its affiliates, subsidiaries, business partners, dealers, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site under your direction.

 

Jurisdiction

Andersen controls and operates the Site from the company's headquarters in Bayport, Minnesota, in the United States of America. Andersen in no way warrants or implies that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations.  .Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of Minnesota, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Minnesota.

 

Modification of the Site and these Terms

By providing material on the Site, Andersen does not promise that the materials will remain available to you. Andersen reserves the right at any time and from time to time to modify the Site or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Andersen will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

Andersen also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting, and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify any changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

 

Termination of this Agreement

Andersen may terminate or suspend this Agreement at any time without notice to you. Without limiting the foregoing, Andersen shall have the right to immediately terminate your access to the Site in the event of any conduct by you which Andersen, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Your right to access and use the Site terminates automatically upon your breach of any of the terms in this Agreement.

 

Miscellaneous

You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Andersen as a result of these Terms or your use of the Site.

 

Any rights not expressly granted to you herein are reserved by and to Andersen, its affiliates, subsidiaries and licensors, and other third parties.

 

The Terms and the applicable terms of sale (if any) constitute the entire agreement between you and Andersen with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Andersen with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Andersen or it is physically signed in blue ink by an executive officer of Andersen.

 

Any actual or alleged waiver by Andersen of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach. 

 

A printed version of this agreement and / or any notice given by Andersen in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Andersen in printed form.

 

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.

 

Dispute Resolution/Class Waiver

YOU AGREE THAT YOU MAY ASSERT DISPUTES AGAINST ANDERSEN ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDINGS RELATED TO YOUR USE OF ANY SITE. AS PART OF THIS DISPUTE RESOLUTION PROCESS, YOU AND ANDERSEN ALSO AGREE TO WAIVE ANY RIGHT TO A JURY AND AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY THE FEDERAL OR STATE COURT JUDGE.  All terms of these Terms set forth herein remain in force and effect.  If any term of this Dispute Resolution process is found to be invalid or unenforceable in any particular jurisdiction, that term will not apply to that issue in that jurisdiction. Instead, that term will be severed with the remaining terms continuing in full force and effect.