__Effective date: November 1, 2022__
BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY OUR POLICY. IF YOU DO NOT AGREE TO THIS POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
## Scope of This Policy
This Policy applies only to information collected through this Site. It does not apply to third-party websites or third-party mobile apps. It also does not apply to information collected through other channels, such as over the phone or in person.
This Policy may be supplemented or amended from time to time by additional privacy notices (“Privacy Notices”), provided at the time we collect your information. For example, certain pages of our Site may contain Privacy Notices providing more details about the information we collect on those particular pages, why we need that information, and choices you may have about the ways we use that information. In other cases, specific Privacy Notices may be required to comply with the privacy laws of one of the countries, provinces, or states in which we do business.
What Information Do We Collect
We do not collect personal information about you unless you voluntarily submit that information to us, such as through our contact pages, by e-mail, registering an account with us or some other means. The personal information which you may provide to us could include your name, address, telephone number, and e-mail address.
When you visit or use the Site, we may automatically collect certain non-personal information about you, such as the type of browser or device operating system you use, the domain name of the website from which you linked to us, the amount of time you spend on the Site and the pages on the Site that you view. We may also aggregate information collected from our users (such as the number of users in a particular region or having particular characteristics).
## Your Information
How We Use Your Information
We may send your personal information to other group companies, affiliates and third parties to help us process your personal information for the purposes set out in this policy. Generally, we use the information we collect through this Site in the following ways:
• to provide the information, products and services you request;
• to provide you with effective customer service;
• to provide you with a personalized experience when you use this Site;
• to contact you with information and notices related to your use of this Site;
• to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
• to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
• to improve the content, functionality and usability of this Site;
• to better understand your needs and interests;
• to improve our products and services;
• to improve our marketing and promotional efforts;
• to share with others as described in this policy;
• for security, credit or fraud prevention purposes;
• in accordance with your consent; and
• for any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.
How We Share Your Information With Third-Party Vendors
Mannington shares information collected through this Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their functions.
With Other Users of this Site
With Third-Party Social Media Platforms
We may provide functionality on this Site that allows you to automatically post information about the actions you take on this Site to a third-party social media platform (such as Facebook or Twitter). If you choose to take advantage of this functionality, people with access to your profile on the third-party platform may be able to see the actions you have taken – for example, the items you have purchased or are considering purchasing. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on this Site with an account on a third-party social media platform, we may share the information in your profile with that third-party platform.
With Our Independent Distributors, Independent Retailers and Other Affiliates
Mannington may share the information collected through this Site with its affiliates, independent distributors (collectively “distributors”), and independent retailers (collectively “retailers”). Our retailers may use the information in all the ways listed in this policy, provided that such use relates to products or services authorized by Mannington. For example, if you request an appointment, we will need to share your information with a Mannington expert near you to schedule an appointment. Our retailers may also use your information for their own marketing purposes, provided such marketing relates to products or services authorized by Mannington – they may not use your information to promote competing flooring or other products or services not authorized by Mannington.
With Business Partners
From time to time, we may share your information with selected third parties (other than our third-party vendors or distributors) for joint marketing purposes.
As Part of a Business Transfer
Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.
To Comply with Laws and Protect Our Rights and the Rights of Others
## Information We Collect
How We Collect Your Information
Information You Manually Provide
Mannington collects the information you manually provide (using your keyboard, mouse, mobile device screen, or touchpad) when you use this Site, for example, we collect the information you provide when you request an appointment, literature, or services, or when you e-mail us with questions or feedback.
Information from Third-Party Social Media Platforms
You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information from your profile on that platform. We treat that information as we do any other information you give to us when you register, log on, or enhance your profile.
Information Sent to Us by Your Web Browser
Mannington collects information that is sent to us automatically by your web browser. This information typically includes the IP address of your Internet service provider, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive depends on the settings on your web browser. Please check your browser if you want to learn what information your browser sends or how to change your settings.
The information we receive from your web browser is not, in and of itself, personally identifiable. Generally, we use this information to help us improve this Site (for example, by making it more compatible with the technology used by our visitors) and to improve our marketing efforts (for example, by identifying your general geographic location). However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes – for example, to detect intrusions into our network – and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you.
More about IP addresses
Your IP address is the identifier assigned to your particular computer or other device when you access the Internet. Depending on how you connect to the Internet, your IP address may always be the same, or it may change each time you access the Internet. IP addresses do not include your name, email address or other personal information, but in some cases, they may be linked to your personal information. For example, if you have registered with this Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service providers who can use it to identify information such as your state and zip code. If we suspect inappropriate or criminal activity or a threat to our Sites or their users, we may also share our server logs – which contain users’ IP addresses – with the appropriate investigative authorities, who could use that information to trace and identify individuals.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Site. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout websites and how we may tailor our Site to better meet consumer needs. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any personal data.
Information from Your Mobile or Tablet Device
Likewise, if you access this Site through your mobile or tablet device, we may automatically collect certain information from or about your device. The types of information we may collect include the type of device you use, the IP address of your device, your device’s operating system, the type of mobile or tablet Internet browsers you use, and information about the way you use our mobile or tablet application. This information is not, in and of itself, personally identifiable, but we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you.
Information Collected by Cookies and Other Technologies
We use “cookies” and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:
• collect information about the ways visitors use this Site – which pages they visit, which links they use, and how long they stay on each page;
• support the features and functionality of this Site – for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits;
• personalize your experience when you use this Site; and
• improve our marketing efforts, including through use of targeted advertising.
## Your Choices
Information about Third-Party Cookies
In addition to the cookies Mannington delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors across non-affiliated websites and delivering targeted advertisements either on this Site or on other websites.
You have choices about the collection of information by third parties on our Sites. For more information about these choices, please see the “Your Choices” section.
## Links to Other Websites
Mannington Virtual Tools
Connecting Mannington Products with Third Party Products: If you are using certain Mannington products, such as our interactive browser based visualization tools, these products can communicate directly or indirectly through third party devices and software (“Affiliate Devices”). Our technology acts as a bridge between our products and Affiliate Devices. Through our visualization tools, Affiliate Devices may collect certain personal and non-personal information, including, product usage data, storing uploaded images to improve on the accuracy of the technology, and general location based information. These third parties may share information they collect about you with us but we are not responsible for their data collection practices. We urge you to review their privacy policies to better understand their processing of your data. Data collected through browser based tools by third parties help us and our partners better understand how our consumers are using our products and how to improve our products.
Interest Based Advertising
We may ourselves, or with third party vendors, use non-personal information in connection with our own or vendor information to deliver targeted advertising to you when you visit other websites or our Site. Cookies, clickstream data, and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “retargeting” or “behavioral advertising,” is based on anonymous information and not on any personal information. As a result, we and our vendor know your interests, but do not personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Your Choices.”
We will include an “opt out” link in each promotional email we send you, so that you can inform us that you do not wish to receive such communications from us in the future. You may also contact us at privacy@Mannington.com.
Previously Expressed Preferences
You may change previously expressed preferences regarding how we use your information. If at any time you wish to be taken off our mailing lists, you can contact us at privacy@Mannington.com.
Opting Out of Interest Based Advertising
The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA).You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
Opting Out of Cookies
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge.
Do Not Track Mechanisms
Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
Opting Out of Cookies
Opting Out under the California Consumer Privacy Act of 2018
As it may be applicable to you, you have the right under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, Mannington will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, you can contact us at privacy@Mannington.com.
Links to Other Websites; Social Networking Services
The Site may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Site, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties.
Access to Your Information
If you would like to review, correct and update the personal information you have provided to us through this Site, you can contact us by email at privacy@Mannington.com. We will respond to your request within the time limit set out by the applicable privacy legislation. We will use reasonable efforts to comply with your request as required by applicable law.
How We Protect Your Information
Mannington takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. Therefore, we cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.
Retention of Personal Information
Mannington retains the personal information collected on this Site as long as necessary to provide the services, products and information you request or as permitted by applicable law. Even if we delete some or all of your personal information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
A Note About Children’s Privacy
You must be at least 18 years old to have our permission to use this Site. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission.
Mannington is a United States corporation. The servers that support this Site may be located in the United States or other countries. Data protection laws vary from country to country; however, we will process your information in accordance with this Policy no matter where your data is stored. By using the Site, you freely and specifically give us your consent to export your personal information to the United States and to store and use it in the United States as specified in this Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.
Your Rights Under the General Data Protection Regulation
As it may be applicable to you, you have certain rights under the General Data Protection Regulation, including:
• The right to be provided with a copy of your personal information (the right of access)
• The right to require Mannington to correct any mistakes in your personal information
• The right to require Mannington to delete your personal information—in certain situations
• The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
• The right to receive the personal information you provided to Mannington, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
• The right to object:
o at any time to your personal information being processed for direct marketing (including profiling);
o in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
• The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office on individual rights under the General Data Protection Regulation.
Changes to the Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Policy at any time. However, if at any time in the future we plan to use personal information in a way that materially differs from this Policy, we will post such changes here or email you. We encourage you to periodically review the Site for the latest information on our privacy practices. You are bound by any changes to the Policy when you use the Site after such changes have been first posted.
If you have questions or concerns about this Policy, any Privacy Notice, or Mannington’s data practices, please contact us by email at privacy@Mannington.com. You may also call 800-356-6787 to speak to customer service.
Effective Date – November 1, 2022
Your Consent to Other Agreements
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The terms “Mannington,” “we,” “us,” and “our” refer to Mannington Mills, Inc.
References to this “Site” refer to the website owned by Mannington Mills, Inc.
The terms “User-Generated Content” or “UGC” refer to all of the materials that you post on or through this Site using the social-networking or product-review tools we make available to you and that does not constitute Feedback.
Ownership of this Site and its Content
This Site, including all of its Content, is protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein is the property of Mannington, or the Content is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The Mannington names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Mannington Mills, Inc. (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Site
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Mannington or any person or entity associated with Mannington. You own UGC, but we may use it: You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove UGC: Mannington has certain rights. We have the right (but do not assume the obligation) to:
• monitor all UGC;
• require that you avoid certain subjects;
• remove or block any UGC at any time without notice at our sole and absolute discretion;
• terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
• any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
• any UGC that constitutes or encourages activity illegal under criminal or civil law;
• any UGC that is false, misleading, or fraudulent;
• any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
• any request for or solicitation of any personal or private information from any individual;
• any request for or solicitation of money, goods, or services for private gain;
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation.
• violate any local, state, national or international law, rule or regulation.
Removal of Content
Violation of copyrights: Mannington does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our Sites or has been otherwise copied and made available on our Sites in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the a owner;
• written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your statement to Care@Mannington.com.
Although we do not claim ownership of UGC, the Feedback you provide to us will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.
WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Without limiting the foregoing, certain products offered on this Site may be covered by a manufacturers’ product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any such warranty.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Sites Operated by Third Parties
This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.
Governing Law, Jurisdiction and Venue