Andersen Storm and Screen Door Learning Center

WEBSITE TERMS AND CONDITIONS OF USE

Effective Date: October 15, 2010

This is the Web site of Andersen Corporation. The postal address is

100 Fourth Avenue North
Bayport, MN 55003-1096

You can reach us by e-mail at webmaster@andersenwindows.com or you can reach us by telephone at 651-264-5150.

In General

Andersen Corporation (hereinafter “Andersen”) offers various websites, blogs and online presence (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

Copyright © 2010 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 the 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 our 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 with the Website.

Information Submitted

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

Although Andersen is under no obligation to review or monitor information 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 information you submit, in whole or in part, for any reason or for no reason. You agree that Andersen does not have any obligation to use or respond to any submission.

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

Disclaimer

ANDERSEN ENDEAVORS TO MAINTAIN THE WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, 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. ANDERSEN MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE 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 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, its officers, directors, employees, agents, licensors and suppliers 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 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 for 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 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.

Andersen may terminate your access to, and use of, the Website at any time and for any reason. The information submitted, disclaimer, limitation of liability, indemnification, jurisdiction and applicable law provisions shall survive any termination.

How to Make A Claim of Intellectual Property Infringement

Andersen respects the intellectual property of others. If you believe that your copyrighted work, trademark, or other intellectual property has been copied and is accessible on the Website in a way that constitutes infringement, you may notify us by providing us with the following information:

1. 1.The electronic or physical signature of the owner of the copyright, trademark, or other property or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work, trademark, or other intellectual property exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location of the Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, fax number, and e-mail address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
7. A statement by you, made under penalty or perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property owner or are authorized to act on the owner's behalf.

Our agent for notice of claims of copyright, trademark, and other intellectual property infringement on the Website can be reached as follows:

By mail:

Legal Department
100 Fourth Avenue North
Bayport, MN 55003-1096

Phone: 651-264-5150.
Facsimile: 651-264-5306
Email: webmaster@andersenwindows.com

Severability

If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Andersen to enforce any part of this Agreement shall constitute a waiver of any of Andersen’s rights under this Agreement whether for past or future actions on the part of any person. Neither the receipt of any funds by Andersen nor the reliance of any person on Andersen’s actions shall be deemed to constitute a waiver of any part of the Agreement. Only a specific, written waiver signed by an authorized representative of Andersen shall have any legal effect whatsoever.

No Legal Effect

The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect.

Incorporation of Privacy Policy

Andersen hereby incorporates its Privacy Policy into this Agreement.

Contacting Andersen

You may direct any questions concerning this Agreement to:

Andersen Corporation
ATTN: Legal Department
100 Fourth Avenue North
Bayport, MN 55003-1096

You can reach us by e-mail at webmaster@andersenwindows.com or you can reach us by telephone at 651-264-5150.