Effective Date: October 29, 2012

In General
Andersen Corporation (hereinafter Andersen) offers various websites, blogs, social media sites and online presence and sends and receives email (hereinafter collectively the Website). Access to and use of the Website and the services available at the Website are subject to the following terms and conditions as set forth in this notice (Agreement). By accessing or using the Website or downloading materials from the Website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use the Website.

 

Copyrights
© 2012 Andersen Corporation, All Rights Reserved.

The copyright in the Website is held by Andersen or authorized owners. All material provided on the Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Andersen.

Individual visitors of the Website are permitted to print one copy of material published on the Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Andersen does not permit the download or printing of the Website for any commercial purpose, including use on other websites.

Trademarks
Any trademarks, trade names, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Website are property of Andersen or authorized third party owners and are protected as registered and unregistered trademarks and copyrights.

Licensing and Permissions
To protect its intellectual property, 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. For additional information on license agreements and Andersen’s intellectual property, including trademarks and copyrights, contact us at: webmaster@andersenwindows.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 Website.

Information Submitted
Any communication or material submitted to the Website (Website Submission), including by electronic mail and/or website submission (Website Submission) is considered to be non-confidential and nonproprietary. Such communication may include without limitation, questions, comments, suggestions, and ideas. Any Website Submission is the exclusive property of Andersen.  Andersen shall have a perpetual royalty free and exclusive license to any Website Submission.  Andersen shall be free to use Website Submissions for any purpose whatsoever without restriction or further notice or compensation. This means that you disclaim any proprietary rights in such Website Submissions , and you acknowledge Andersen’s unrestricted right to use the content of the Website 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 Website Submission confidential.

Although Andersen is under no obligation to review or monitor Website 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 Website 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 Website 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 Website, even if that content has been designated as private.  You agree that Andersen does not have any obligation to use or respond to any Website Submission.

You are responsible for all of your Website 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 Website 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 Website or access to the Website, or your violation of either these terms of service, applicable law or the rights of any third party.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the Website 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 Website.

If you believe any materials on the Website infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work or other intellectual property, claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows: legal@andersencorp.com

Disclaimer
ANDERSEN ENDEAVORS TO MAINTAIN THE WEBSITE, THE INFORMATION IN THIS WEBSITE AND THE WEBSITE’S OPERATION (ALL THREE WEBSITE CONTENT AND OPERATION).  ANDERSEN IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE WEBSITE CONTENT AND OPERATION. 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 WEBSITE CONTENT AND OPERATION. ANDERSEN MAKES NO WARRANTY THAT (I) THE WEBSITE CONTENT AND OPERATION WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE 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 WEBSITE 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 WEBSITE.

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 WEBSITE OR ANY MATERIALS IN THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. 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 Websites
As a convenience to you, Andersen provides links to websites operated by others. Andersen makes no representations about websites accessed from the Website 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 Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website under your direction.

Jurisdiction
Andersen controls and operates the Website 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 Website are appropriate for use outside of the United States. If you use the Website 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 Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be resolved individually, without resort to any form of class action and 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 Website shall be in the state or federal courts located in Minnesota.

Modification of the Website and these Terms
By providing material on the Website, 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 Website or discontinue providing access to the Website (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 Website at any time by updating this posting, and your use of the Website 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 Website.

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 Website 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 Website terminates automatically upon your breach of any of the terms in this Agreement.