Renewal by Andersen Terms of Use
Effective Date: October 27, 2015 In General
Please review these terms and conditions, which govern your use of
renewalbyandersen.com, any Renewal by Andersen mobile site, and any
mobile applications, such as the Renewal by Andersen LLC 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 Renewal by Andersen LLC (“
Renewal
”)
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 Renewal and its parent, subsidiaries and affiliates.
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
[email protected] 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 (
) and OnGuardOnline (
). Renewal does not endorse any of the products or services listed on such websites.
Copyrights
© 2015 Renewal by Andersen LLC, All Rights Reserved.
The copyright in the Site is held by Renewal 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 Renewal 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 Renewal.
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 Renewal 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, Renewal requires a license
agreement or written permission from an authorized agent at Renewal
prior to any use of brand names, trademarks, service marks, copyrights
and other intellectual property belonging to Renewal. Any misuse of
intellectual property belonging to Renewal is strictly prohibited.
You are permitted to print one copy of material purposely made
available by Renewal 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 Renewal’s trademarks or other intellectual
property if such use is likely to cause customer confusion; or (c) use
Renewal’s intellectual property in any manner that disparages or
discredits Renewal.
You must: (i) properly attribute to Renewal 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 Renewal’s
intellectual property, including trademarks and copyrights, contact us
at: [email protected].
All Rights Reserved
Renewal 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
Renewal.
Renewal shall have a perpetual royalty free and exclusive
license to any Site Submission.
Renewal 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 Renewal’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 Renewal has no
obligation to keep your Site Submission confidential.
Although Renewal is under no obligation to review or monitor Site
Submissions you submit, Renewal reserves the absolute right to do so in
its sole discretion. In addition, Renewal 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.
Renewal has the right, but not the obligation, to monitor, edit or
remove any content at any time and without notice.
Renewal 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 Renewal 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 Renewal, and its
affiliates, parent company, 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.
Product Orders
While we use our best efforts to fulfill all orders, Renewal cannot
guarantee the availability of any particular product displayed on the
Site. Renewal 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. Renewal
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).
User Generated Content (UGC)
Renewal by 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 with a request to use
your UGC, these terms will apply to Renewal by Andersen’s use of your
UGC:
User Generated Content Terms
.
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 Renewal 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: [email protected].
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 Renewal 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 Renewal’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 Renewal’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 Renewal’s prior written consent Take any action that imposes an unreasonable or disproportionately large load on Renewal’s infrastructure
Disclaimer
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND
THE INTERNET IN GENERAL. RENEWAL ENDEAVORS TO MAINTAIN THE SITE, THE
INFORMATION IN THE SITE(S) AND THE SITE’S OPERATION (ALL THREE
COLLECTIVELY “
SITE CONTENT AND OPERATION
”).
RENEWAL 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 RENEWAL 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. RENEWAL 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 RENEWAL) 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 RENEWAL 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. RENEWAL SHALL NOT BE LIABLE EVEN IF RENEWAL OR AN
RENEWAL 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, Renewal provides links to websites operated
by others. Renewal makes no representations about websites accessed from
the Site which are not maintained, controlled or created by Renewal and
does not endorse any linked websites or the information appearing
thereon. Links do not imply that Renewal endorses, is affiliated with,
or associated with such linked websites.
Indemnification
You agree to indemnify, defend, and hold harmless Renewal, and its
affiliates, subsidiaries, parent company, 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
Renewal controls and operates the Site from the company's
headquarters in Cottage Grove, Minnesota, in the United States of
America. Renewal 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, Renewal does not promise that the
materials will remain available to you. Renewal 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 Renewal will
not be liable to you for any modification, suspension or discontinuance
of the Site or the Contents.
Renewal 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
Renewal may terminate or suspend this Agreement at any time without
notice to you. Without limiting the foregoing, Renewal shall have the
right to immediately terminate your access to the Site in the event of
any conduct by you which Renewal, 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 Renewal 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
Renewal, 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 Renewal 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 Renewal with respect to the Site. No modification of the
Terms shall be effective unless such modification is authored by
Renewal or it is physically signed in blue ink by an executive officer
of Renewal.
Any actual or alleged waiver by Renewal 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
Renewal 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 Renewal 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 RENEWAL 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 RENEWAL 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.