Vortex Industries, Inc. (“Vortex”) is concerned about the privacy of those individuals who visit and use www.vortexdoors.com (the “Site”) and Vortex will exercise reasonable precautions to protect the privacy of users of the Site and to maintain the confidentiality of any information users of the Site provide to Vortex. To that end, Vortex has prepared and posted this notice to describe Vortex’s specific privacy policies (the “Policy”).
Collection of Personal Information
Vortex does not collect personal information about individuals who visit the Site, except when specifically and knowingly provided by such individuals. However, Vortex may require some individuals to provide certain, specific personal information to access certain features of the Site and/or to receive certain services from the Site.
Most browsers are initially set up to accept cookies. Users can reset their browser to refuse all cookies or indicate when a cookie is being sent. Vortex recommends that users who have further questions visit many of the commonly available Cookie FAQs on the Internet to learn more about this topic.
An IP address is a number automatically assigned to a computer whenever it is being used to surf the Web. Web servers automatically identify computers by their IP addresses. Vortex may collect
IP addresses for the purposes of system administration, to prepare aggregate information, and to monitor the use of the Site. When users request pages from the Site, Vortex’s servers log the user’s IP addresses. Vortex does not normally link IP addresses to anything personally identifiable, which means that a user’s session will be logged, but the user remains anonymous to Vortex. Vortex can and will use IP addresses to identify a visitor when Vortex believes it is necessary to enforce compliance with Vortex’s rules or terms of service or to protect Vortex’s service, the Site, other visitors, or for other valid reasons.
Use of Information
Vortex may use any personal information voluntarily provided by users of the Site to Vortex to contact such users regarding their specific requests or activities, and Vortex may share this information with Vortex’s vendors as necessary to fulfill such request or to conduct such activities. Such third party vendors are contractually prohibited from using or sharing user’s personal data for any other purpose. Vortex will not make any user’s personal identifiable
information available to any individual or organization for the purpose of such individual or organization contacting the user for commercial purposes without obtaining such user’s prior permission.
As distinct from personally identifiable information discussed above, Vortex will use aggregated, statistical information it collects about users to the Site to help Vortex understand how the Site is being used so that Vortex can work to improve it. For example, Vortex may study which sections of the Site are most frequently visited. From time to time, Vortex may share this high-level, non-identifiable information with Vortex’s vendors, contractors and partners to help them assist Vortex in evaluating the Site and in improving the Site.
Vortex may disclose user information in special cases when Vortex has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or who may be interfering with (either intentionally or unintentionally) Vortex’s rights or property, other Site users, or anyone else that could be harmed by such activities. Vortex may also disclose user information when it believes in good faith that the law requires it.
Links on the Site
The Site may include links to other web sites and other Internet addresses that are beyond Vortex’s control. Unless indicated in this Policy, Vortex does not share personal user information with these sites. However, users should note that Vortex is not responsible for the content or privacy practices of these external sites (that is, any site which does not have ‘vortexdoors.com’ in the URL), and these other sites may send their own cookies to users, collect data or solicit personal information.
Vortex’s Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important to Vortex. The Site is not designed to attract anyone under the age of 13, is not directed at anyone under the age of 13, and it is not the intent of Vortex to attract anyone under the age of 13. Vortex will not collect or maintain information at the Site from any persons Vortex knows to be under the age of 13. Vortex further requests that any users of the Site that are under the age of 13 not disclose or provide any personal information on the Site.
Registering with the Site is voluntary, and most of the Site can be browsed without registering. However, some portions of the Site may only be available to users who have registered. Should any user who previously registered wish to stop receiving the information such user previously requested when registering, any user would like to update the registration information, or any user would like to correct any personal information or remove the personal data they provided to Vortex, should send an email to firstname.lastname@example.org indicating such request.
Vortex takes the security of personal information very seriously, and Vortex uses all reasonable steps to keep personal information secure. However, users should be aware that despite Vortex’s best efforts, no transmission over the Internet can be guaranteed to be totally secure.
Effect of Future Changes to Policy
Vortex reserves the right to change this Policy at any time. However, Vortex will not apply any new policies to a user’s personal data which was collected under an older version of the Policy without first contacting such a user at the e-mail address provided and giving the user the opportunity to refuse to allow the use of his or her data under the changed Policy. In addition, if Vortex changes the Policy, such changes will be posted in this notice so users are aware of what information Vortex collects, how Vortex may use such information, and when and to whom Vortex may disclose such information.
Acceptance of Policy
By using the Site, users signify their assent to this Policy. Those users who do not agree to this Policy should not use the Site. A user’s continued use of the Site following the posting of any changes to this Policy will mean that such user has accepted those changes. The effective date of this Policy is June 20, 2006.
Last Updated: September, 2006
TERMS AND CONDITIONS OF USE Vortex Industries, Inc. (“VORTEX”) requires that each visitor (the “User”) to its site on the World Wide Web, having a home address of www.vortexdoor.com (the “Site”) adhere to the following terms and conditions of use. By accessing this Site, the User acknowledges his, her or its acceptance of and agreement to these terms and conditions, and each amendment made to them from time to time by VORTEX. INVITATION TO USE; RESTRICTIONS
All Users are invited to display the information, content or advertisements (the “Materials”) contained on this Site on a single monitor of a computer accessing this Site over the Internet. Users, such as architects, contract specifiers and commercial contractors, who intend on specifying or incorporating VORTEX’s commercial door products in bids or contracts for a commercial project (Authorized Users) are invited to download and use the images and specifications for VORTEX’s products (Images and Specifications) available from this Site, solely for such specific commercial purposes. Without the express written consent from VORTEX, all Users, which are not Authorized Users, are not permitted to copy (other than for displaying on a single monitor of a computer accessing this Site over the Internet), download, modify, distribute, transmit, publish, create derivative works from, print or sell any Materials, Images or Specifications for any reason or for any purpose. User acknowledges that any reliance upon Materials from this Site shall be at User’s risk, except as otherwise required by law. VORTEX reserves the right, in its sole discretion, and without any obligation, to correct any error or omission in any Materials on this Site or to change any imagess or specifications, or other information without notice.
Although VORTEX believes the Images and Specifications available on this Site are accurate, VORTEX does not warrant or endorse the accuracy or reliability of Materials contained on, distributed through or linked to or downloaded or accessed from this Site and does not warrant or endorse the quality of any software or other products, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. VORTEX further does not warrant the Images and Specifications available from this Site with respect to compliance with any applicable safety or building codes, such as windload requirements, for any particular application or in any particular jurisdiction, without VORTEX’s express written agreement. Any purchase by User of any products or services manufactured or supported by VORTEX shall be subject to all of the standard terms and conditions set forth in VORTEX’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
The content on this Site, including the Materials, Drawings and Specifications, is protected by applicable copyright laws. The terms set forth in the “INVITATION TO USE; RESTRICTIONS” section, above, provide and define a limited license to such copyrights. The trademarks, logos and service marks displayed on this Site, including, but not limited to, VORTEX®, (collectively, the “Marks”), are the property of VORTEX. Users are prohibited from using any Mark for any purpose not within the limited authorization stated in the above “INVITATION TO USE; RESTRICTIONS” section.
These Terms will terminate immediately without notice from VORTEX if in VORTEX’s sole discretion, a User fails to comply with any term or provision of these Terms. Upon termination, the User must immediately destroy all Materials obtained from this Site and must discontinue any other use of the information obtained from, or through Users’ access to, this Site. Any license to any copyright or trademark provided by these Terms, whether express or implied, terminates immediately upon termination of these Terms. LINKED INTERNET WEB SITES VORTEX has provided Internet links to other Web sites for User’s convenience. VORTEX does not endorse or accept responsibility for any such Web site. VORTEX makes no representations about any Web site a User may access through VORTEX’s site.
Many Web sites linked to this Site are owned and operated independently of VORTEX. As a result, VORTEX has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. The User acknowledges that access to any other Web sites linked to this Site is at the User’s own risk.
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR VORTEX’S PRODUCTS DESCRIBED ON THIS SITE, THE MATERIALS, IMAGES, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. VORTEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND VORTEX DOES NOT WARRANT THAT THE DISSEMINATION OF THE MATERIALS, IMAGES OR SPECIFICATIONS WILL BE ERROR FREE OR UNINTERRRUPTED. VORTEX DOES NOT WARRANT THAT THE MATERIALS, IMAGES, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. VORTEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, IMAGES OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITY IN NO EVENT SHALL VORTEX BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, IMAGES OR SPECIFICATIONS) ARISING OUT OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY VORTEX WITH RESPECT TO THE SITE OR THESE TERMS, EVEN IF VORTEX OR ANY PROVIDER OF THE MATERIALS, IMAGES OR SPECIFICATIONS HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO THE USER. IN NO EVENT SHALL VORTEX’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
The User agrees to indemnify and hold VORTEX and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys’ fees) arising from the User’s violation or breach of these Terms, arising from the User’s violation of any third party’s rights including, but not limited to, copyrights, proprietary and privacy rights, or arising from User’s violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Site and any Materials, Images and Specifications available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Ohio and local governmental entities. VORTEX and User irrevocably consent to the exclusive jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of California in connection with any action arising under or in connection with these Terms or relating to the User’s access of this Site, or any Materials, Images and Specifications available on or through this Site.