ABOUT THIS POLICY
This policy describes Simonton Building Products, Inc.'s privacy practices for the PRO Network and Websites where it is posted.
We collect contact information. This might include your name, email address, business address and phone number. We also collect demographic information. For example, we might look at the where our website visitors are located. We collect information about your device or your computer. We might, for example, collect information about where you are located. We might also look at what browser you use, or what type of device.
All contact information collected during the shipping information data gathering process is used to facilitate orders (i.e., to get in touch with a reward recipient when necessary for fulfilling a reward order). The contact, demographic and profiling information we collect from you may also be used to improve and customize the content of our site. We also use information as otherwise permitted by law, such as to communicate with you about our relationship.
Additionally, we may share your information under the following conditions:
- We have your consent.
- We need to provide your information to an EGR International, a vendor who is working on our behalf to deliver your selected item to you.
- We need to provide your information to a successor to all or part of our business.
- We are responding to a subpoena, court order, or other legal process.
- We need to protect our company from suspected fraud.
We use your IP address to help diagnose problems with our server, and to administer our website. In the Internet Protocol (IP), an IP address is a 32-bit number that identifies each sender's or receiver's system.
We use industry standard means to protect our website and your information.
Your Points Program account information is password protected for your privacy and security. You may edit this information at any time. However, please use all appropriate measures to protect your password. The protection of each password remains the responsibility of the respective account holder.
Simonton Building Products and EGR may amend or edit this policy from time to time. If we make any major changes in the way in which we use your personal information we will post a notice to that effect on the PRO Network Website.
This policy does not apply to the practices of companies that EGR does not own or control or to people that EGR does not employ or manage.
Effective Date: August 30, 2013
By enrolling in the Simonton ProNetwork Program you accept the following guidelines regarding use of and participation in the ProNetwork Program:
DESCRIPTION OF THE PROGRAM
The Simonton ProNetwork Program is sponsored by Simonton Windows Inc. and through its agent EGR International, Inc. allows for the registered user to accumulate points through activities determined by the Sponsor. Points accumulated in the Program are non-transferable to other users or accounts and have no cash or monetary value unless explicitly stated otherwise by the Sponsor. The ProNetwork Program is open to Sponsor approved members aged 18 and older who are employed as a professional in the Building, Remodeling, Contracting or Window Dealer Industry who are legal residents of the 50 United States and District of Columbia (DC) and Sponsor approved companies in the Building, Remodeling, Contracting and Window Dealer Industries who are located in the 50 United States and DC.
RESERVATION OF RIGHTS
The Simonton ProNetwork Program and all benefits hereunder are offered at the discretion of Simonton Windows, and Simonton Windows has the right to modify or discontinue, temporarily or permanently, the ProNetwork Program, including the point levels, in part or in their entirety for any reason, at the sole discretion of the Sponsor, with or without user notice. Among other things, Simonton Windows may withdraw, limit, modify, or cancel any redeemable merchandise; increase the points required for any unspecified reward; modify or regulate the transferability of merchandise or other benefits as stipulated by the Sponsor. You agree that the Sponsor will not be liable to you or any third-party for any modification or discontinuance of the ProNetwork Program. Although every effort has been made to ensure that the information in this document is accurate, we are not responsible for typographical errors or omissions.
Members will periodically receive emails pertaining to the Simonton ProNetwork Program, either from EGR International or from the Sponsor. These may include, but are not limited to, communications on new promotions, acknowledgements of merchandise redeemed in ProNetwork Program and monthly e-Newsletter from Sponsor. To unsubscribe to all emails relating to the ProNetwork Program, send request to email@example.com.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon completion of the necessary requirements as specified by the Sponsor for participating in the ProNetwork Program, the user will be automatically registered and will receive a username and password for the ProNetwork Program website via email. The user is responsible for activating their account by logging in with such username and password to the Program website. In addition to these Guidelines, your use of the Program is subject to any previous agreements that exist with the Sponsor. The user is responsible for maintaining the confidentiality of the username and password issued, and for any and all activities that occur under said username and password. If your Program account is terminated by yourself, by EGR International or by Sponsor, for whatever reason, all accumulated points will be forfeited. You agree to immediately notify EGR International of any unauthorized use of your account, any other breach of security known to you, or any change in your email address.
In consideration of your use of the ProNetwork Program, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ProNetwork Program Registration form, and (b) maintain and promptly update the user registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Simonton Windows has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the sponsor has the right to terminate your account and refuse any and all current or future access to, or use of the ProNetwork Program. Each Program Points account is limited to one user (individual or company), and each user is limited to one email address. An employee of a company that has a ProNetwork Program account may not register individually. Participation in the ProNetwork Program is subject to all applicable ordinances, statutes, and laws. You can review your accumulated points, review the Guidelines as periodically amended, and review redemption options on the Rewards section of pronetwork.com.
Points are accumulated by the successful completion of requirements specified by Sponsor, which may include, but are not limited to: completing surveys and polls, membership signup, referring other users and making purchases. The amount of compensation allocated in points to the user at the ProNetwork Program website is solely at the discretion of the Sponsor and may change at any time. EGR International and Sponsor expressly reserve the right to establish additional means of accruing points, to delete any or all of the means currently in effect, or to exclude specific types of transactions from the accumulation of points. Points can be accrued only for activity actually taken and completed by you, and can only be applied to your account. Points posted to your account for transactions that are subsequently voided will reduce the points accrued in your account by the number of points earned for the underlying transaction. EGR International will use reasonable efforts to allocate earned points to each user's account. However, you are responsible for ensuring that your points are properly credited. If you believe that points have been earned but not credited, or in cases where EGR International deems verification is required, EGR International will only act as a facilitator between you and the Sponsor. The final decision regarding point balance disputes is up to the Sponsor in its sole discretion. Points will be maintained in your account until they are redeemed for merchandise or until they expire or are forfeited whichever occurs first. The Sponsor is responsible for determining the expiration date on points posted to your account.
All points are non-transferable and void if transferred. Points have absolutely no cash or monetary value. In the event of a user's death, the user's account will be immediately terminated. Points and/or redeemed merchandise are not to be bartered or sold. ProNetwork Program accounts are not transferable upon death, as part of a domestic relations matter, by assignment, transfer, or sale, or otherwise by operation of law. If a differing position on transferability is set forth by the Sponsor, those guidelines will supersede the ones stated in these Guidelines.
Points are redeemable for merchandise, provided that your ProNetwork Program account is in good standing. Merchandise is selected from the Rewards section of pronetwork.com. Points will be immediately subtracted from the user's account upon merchandise selection. Points earned in two or more different ProNetwork Program accounts may not be combined for the redemption of any merchandise. Some merchandise has limited availability and all items are subject to availability. Merchandise can only be shipped to locations approved by the Export Administration Regulations of the United States Department of Commerce. Neither redeemed prizes nor unredeemed points are transferable for cash.
Disclaimer of warranties: All merchandise redeemed for points are accepted in "AS IS" condition and provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose.
Release and waiver: In consideration of participating in Simonton Window’s ProNetwork, I hereby forever release and discharge Sponsor and EGR International, and their respective officers, directors, employees, agents and representatives, from any and all actions, cause of action, claims, injuries, liabilities, losses, negligence, product liability, damages and costs including, but not limited to, all matters relating to ProNetwork and the receipt, quality, condition, operation and use hereafter of all merchandise and services redeemed pursuant to ProNetwork.
Limitation of liability: Under no circumstance shall Sponsor or EGR International be liable to any enrollee for indirect, incidental, consequential, special or exemplary damages arising from or related to ProNetwork or any merchandise or services redeemed pursuant ProNetwork.
The Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or violation of its ProNetwork Program Guidelines and any decision made shall be final and binding. Fraud or abuse relating to the accrual of points or redemption of merchandise may result in forfeiture of accrued points as well as the termination of your ProNetwork Program account. You are solely responsible for any fraudulent use of your points due to the theft or the sharing of your password. The ProNetwork Program is a service provided to a user (individual or company).
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRONETWORK PROGRAM OR THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INCENTIVE LOGIC AND ITS SPONSOR OR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY, INDEMNITY AND RELEASE
UNDER NO CIRCUMSTANCES SHALL EGR INTERNATIONAL OR THE SPONSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE PRONETWORK PROGRAM OR ANY OTHER PROVISION OF THE SITE. You accept all responsibility for, and hereby indemnify and hold harmless EGR International and the Sponsor from and against any actions taken by any user authorized to use your account, including but not limited to accrual of points, redemption of points, and disclosure of passwords to third parties. By utilizing the ProNetwork Program you release EGR International, the Sponsor, their providers, and all their affiliates, officers, directors, and employees from any and all liability regarding the redemption of points, use of merchandise, and any other activity arising from participation in the ProNetwork Program.
INTELLECTUAL PROPERTY RIGHTS
The Content of the ProNetwork Program and the EGR International websites are intended for the personal, noncommercial utilization by authorized users. EGR International retains all right, title and interest (including, without limitation, all patents, copyright trademarks, and other intellectual property rights embodied therein) to the Content (except to the extent it is Sponsor’s intellectual property), the terms EGR International, and any phrase or logo incorporating the above mentioned terms (collectively referred to as the EGR International "Intellectual Property"). All rights reserved. The user agrees not to display or use any EGR International Intellectual Property or Sponsor intellectual property except as authorized by these Guidelines. All other trademarks and or copyrights appearing in the Content are the property of EGR International or their respective owners, and unless otherwise stated, EGR International and the respective owners of said intellectual property are not affiliated. Except as expressly authorized by EGR International, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such intellectual property materials or content. Use of the Content, EGR International materials, Sponsor materials or third party materials for any purpose not expressly permitted in these Guidelines is prohibited.
CHOICE OF LAW AND FORUM
These Guidelines shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Guidelines, your participation in the ProNetwork Program, or your use of this site, shall be the state or federal courts located in the state of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.