SidingCalculator.com Terms of Service
This agreement (“Agreement”) is entered into by SidingCalculator.com (“This Website”) and you as a user of This Website (“You”). You acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on This Website, shall govern your use of each and every page of This Website and the provision of information to You by or through the website (the “Service”). This website reserves the right to revise this Agreement and/or the contents of This Website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, This Website encourages You to periodically visit the website and review the terms and conditions of this Agreement. This website reserves all rights afforded by the laws of the state of Massachusetts, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the This Website.
This Website’s Terms of Service
This Website considers your privacy one of its highest priorities. Please refer to This Website’s Privacy Policy below for information and notices concerning This Website’s collection and use of your personal information.
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. This Website appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if You are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.
Intellectual Property Ownership
All information and content contained on or in the This Website, including but not limited to text, images, video, audio and data are owned by and proprietary to This Website, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to This Website, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of This Website. Any unauthorized use by You may subject you to penalties or damages. This Website will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of This Website
You may not use This Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the This Website or any of its content for competitive reasons nor may you resell or redistribute This Website content without prior express written consent of management at This Website. You may not attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the This Website, any data or content found on or accessed through the This Website without prior express written consent of management at This Website.
You may not use the This Website to obtain or attempt to obtain through any means any materials or information on the This Website that has not been intentionally made publicly available either by public display on the This Website or through accessibility by a visible link on the This Website. You may not use the This Website in a manner that would violate the security of the This Website or attempt to gain unauthorized access to the This Website, data, materials, information, computer systems, or networks connected to any server associated with the This Website, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the This Website, any activities conducted on or through the This Website or any servers or networks connected to the This Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the This Website.
Telephone Consumer Protection Act Compliance
This site is compliant with the Telephone Consumer Protection Act (TCPA) as implemented by the FCC. By submitting information to this site you agree to the Privacy Policy and this Terms of Service and you authorize This Website and its partners to contact You at the telephone or mobile number you entered, which may include the use of automated telephone technology including auto-dialers and text messages, even if your telephone or mobile number is currently listed on any state, federal, or corporate “Do Not Call” list, and you are not required to give your consent as a condition of purchase.
Digital Millennium Copyright Act
If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, You may provide notice of your claim to This Website Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information: 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. A description of the copyrighted work that You claim has been infringed upon; 3. A description of where the material that You claim is infringing is located; 4. Information reasonably sufficient to permit This Website to contact You, such as an address, telephone number, and, if available, an e-mail address at which You may be contacted; 5. A 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 6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, You must provide us with a written communication sent to This Website’s Designated Agent identified above that sets forth the following items: 1. An identification of the URLs or other unique identifying information of material that This Website has removed or to which This Website has disabled access; 2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person; 3. A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your physical or electronic signature.
Use of this Site at Own Risk
You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither This Website nor any other party involved in creating, producing, or delivering This Website, including the content and information contained in This Website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from This Website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while This Website will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the This Website website are based upon current information, This Website cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL This Website BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF This Website HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL This Website’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO This Website, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT This Website DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY This Website. YOU AGREE THAT This Website IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY This Website AND YOU WAIVE ALL SUCH CLAIMS AGAINST This Website AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
Indemnification
You agree to indemnify and hold harmless This Website, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to This Website or on This Website.
Unlawful Content and Behavior
You acknowledge and agree that You will not post or transmit to This Website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that This Website or other parties may be involved in creating, producing or delivering This Website, may monitor or review transmissions, postings, or discussions, This Website assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although This Website may be linked to other websites, This Website neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in This Website. This Website has not reviewed all websites linked to This Website, is not responsible for the content of any other website linked to This Website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the This Website website may be read throughout the world, This Website is designed and intended for use in the United States and use of This Website by You will be construed and evaluated according to the laws of the United States. If You access This Website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. This Website makes no representation that the information and materials contained in This Website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or Your other use of This Website or the Service, the laws of the State of Wyoming shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Wyoming and further agree that the states and federal courts located in Wyoming shall be the exclusive venue for the resolution of any dispute between This Website and You.
Entire Agreement
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No Waivers
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of This Website.
Severability
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
Privacy Policy
This Website PRIVACY STATEMENT
This privacy statement covers This Website. Because This Website wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices: What personally identifiable information This Website collects, what personally identifiable information third parties collect through the Web site, what organization collects the information, how This Website uses the information, with whom This Website may share user information, what choices are available to users regarding collection, use and distribution of the information, what types of security procedures are in place to protect the loss, misuse or alteration of information under This Website control, and how users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should first contact This Website Customer Support via the online contact form here.
Information Collection and Use
This Website is the sole owner of the information collected on This Website. However, information voluntarily submitted to forms on This Website will be shared with other companies in order to serve our customers. This information may be shared with and/or sold to one or several contractors or third party providers, as well as companies contracted to work with This Website for the purposes of lead qualification/verification. This Website may also use user information internally to present other relevant offers to our users.
This Website collects information from our users at several different points:
Landing Pages
Users entering This Site from external websites through creative including widgets, ad banners, ad text, or any other advertising creative may be directed to signup-form landing pages. These landing pages may serve a variety of purposes, including collecting user information for the purpose of being passed on to qualified home services installation partners or home services lead aggregators, offering free home service estimates in exchange for the user’s email address, or other variations on this theme. Users of This Website ALWAYS have a choice to participate and submit their information onto This Websites web forms.
Registration
In order to use some features of This Website, a user must first complete the registration form. During registration a user is required to provide contact information (such as name and email address) as well as certain information regarding a user’s home and energy usage. This Website may use this information to contact the user, via email, direct mail or telephone, about services on our site for which he has expressed interest. This Website may provide this contact information to contractors and other third party service providers and home improvement lead aggregators who can help fulfill your information/service request.
Third Party Communications
As stated above, This Website may provide the user’s contact information to contractors and other third party service providers and home improvement lead aggregators who can help fulfill the user’s information/service request. Accordingly, these third parties may directly contact the user (via email, direct marketing, or telemarketing) about (i) the user’s information/service requests through This Website and/or (ii) their own products and services. Please see the Opt-out section for how to opt out of receiving these communications.
Profile
We store information that we collect through cookies and log files to create a profile of our users. A profile is stored information that we keep on individual users detailing their home improvement project preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide the quote service and improve the content of This Website for the user. This profile is used to tailor a user’s service from This Website and may be used to direct pertinent This Website marketing promotions to them. We may share your profile with third party service providers in order to enhance your user experience and our services.
Cookie Disclosure
What’s a cookie?
A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time.
Why do we use cookies?
This Website uses cookies to restore users to a previous session after leaving This Website. By setting a cookie on our site, we are able to save the information and settings provided by the user in an earlier session even if they have not registered.
Deleting cookies
If the user has not registered with This Website, deleting cookies means that the user may be unable to restore information from a previous session. There are a number of software and shareware programs available that are designed to periodically purge cookie files from the user’s hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer This Website, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Special Offers and Updates
We send users email notifications of various events relating to the use of This Website. Established members will occasionally receive information on products, services, special deals, and/or a newsletter. During the sign up process, we do present the option note to receive these types of communications. Please see the Choice and Opt-out sections.
If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, we provide a way to unsubscribe from/opt-out of these communications in each message we send.
Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if The Website’s service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Customer Service
This Website may communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
Legal Disclaimer
Though This Website makes every effort to preserve user privacy, This Website may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on This Website.
Sharing of Information
This Website does not sell or otherwise disclose information about our website visitors, except as described here. This Website may share the information you provide with contractors and other third party service providers and lead aggregators in order to help fulfill your information/service request. Please note that these third parties with whom This Website shares your information may (i) use such personal information for their own purposes (including commercial purposes) as set forth in their respective privacy policies or (ii) may disclose or dispose of your information to other third parties in the course of their own business. Users may opt out of this use by contacting these third parties directly. The opt-out terms for these third parties will be governed by their respective privacy policies. In addition, we may disclose information about you (i) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (ii) if this is necessary to protect the vital interests of This Website or a person.
Business Transitions
In the event This Website goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be a part of the assets transferred.
Widget Tracking
We may use third party analytics vendors to evaluate and provide us with information about the use of our services. We do not share Personal Information with these third parties, but they may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information.
We may also use third party redirects, which will redirect you through a third party server before redirecting to the final landing page. On this redirect, the third party may place its own cookies, pixel tags and similar technologies on your device (e.g., for purposes of retargeting) and collect or have access to information about you, including Usage Information.
Choice/Opt-out
This Website’s users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for information.
Users who no longer wish to receive This Website’s emails and/or promotional communications may opt-out of receiving these communications by clicking the “opt-out” or “unsubscribe” links present on all communication sent from This Website.
Upon a user’s request, This Website can (i) provide the user with a list of all the companies to whom we have provided your contact information pursuant to This Website and (ii) provide the user the categories of information shared with the third parties. Although the user’s information may be submitted to a contractor or third party immediately after the user’s information is submitted, the user may opt-out from future information sharing or additional contact from This Website by emailing us directly at feedback@SidingCalculator.com. Note if the user’s information has already been shared with a contractor or third-party, the user will have to opt out by contacting each contractor or third party directly (or opt out upon receiving communication from them). This Website will make a good faith effort to assist the user in this request. Please note that this service is free to the consumer; however, we are only required by law to respond to one request per year.
If the user receives a commercial email from one of our third parties, the user may be able to unsubscribe by following the instructions at the bottom of each email. If the user wants to opt-out from all communications from these third parties, the user may opt out of this use by contacting these third parties directly.
Links
This Web site contains links to other sites. Please be aware that we, This Website, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys & Contests
From time-to-time This Website requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties.
Tell-A-Friend
If a user elects to use This Website’s referral service for informing a friend about our site, This Website asks them for the friend’s name and email address. This Website will automatically send the friend an mail inviting them to visit This Website. This Website does store this information for the sole purpose of sending emails and tracking the success of our referral program. The friend may may opt-out of receiving these communications by clicking the “opt-out” or “unsubscribe” links present on all communication sent from This Website.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by responding to emails we send out or emailing our Customer Support at info @ SidingCalculator.com.
Notification of Changes
If This Website decides to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places This Website deem appropriate so This Website’s users are always aware of what information This Website collects, how This Website use it, and under what circumstances, if any, This Website disclose it. This Website will use information in accordance with the privacy policy under which the information was collected.
In some cases where This Website post a notice This Website will also email users, who have opted to receive communications from This Website, notifying them of the changes in our privacy practices.
Contact Information
If users have any questions or suggestions regarding This Website’s privacy policy, please contact us via our email contact form here: https://www.SidingCalculator.com/contact-us/
