Last Updated: May 2018
The Information We Collect and How We Use It
At this Site we collect some personally identifying information, including for example, name, address, and email address for website registration, email address for newsletter sign ups, and name, email address, and friend’s email address for our send-a-friend feature. We may collect additional information, for example your date of birth or your product preferences, whether during website registration or if you elect to participate in a sweepstakes, contest, game, survey, questionnaire or other promotion we may offer.
Collection of Your Personal Information
We collect information as part of the operation of our Websites and services.
- Identifying Information: In order to make a purchase, MGP will request a user to provide certain personal identifying information, which may include: [legal] name, postal address, email address [username, password], [daytime] telephone number, facsimile number, method of payment, and, if applicable, credit card number. MGP may request additional information necessary to establish and maintain a customer’s account.
- Service Quality Monitoring: Some Website transactions may require a customer to telephone MGP or for MGP to call a customer. MGP will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such an order. Customer should be aware that it is MGP’s practice to monitor and, in some cases record such calls for staff training or quality assurance purposes.
- We collect additional information about your interaction with MGP sites and services without identifying you as an individual. For example, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We also use website analytic tools on our sites to retrieve information from your browser, including the site you came from, the search engine(s) and the keywords you used to find our sites, the pages you view within our site, your browser add-ons and your browser’s width and height.
- Information from Children: MGP does not sell products or services for purchase by children and will not collect or post information from a child under the age of 18 without the involvement of a parent or guardian. MGP does not use personally identifying information collected from children for marketing or promotional purposes, and does not disclose such information to any third party for any purpose whatsoever.
- We use technologies, such as cookies and web beacons (described below), to collect information about the pages you view, the links you click and other actions you take on our sites and services.
- Lost or stolen information. If a customer’s credit card and/or password is lost of stolen, the customer should promptly notify MGP in order to enable MGP to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
- Links to Other Websites. MGP websites may contain links to other websites. MGP is not responsible for the privacy practices or the content of those other websites.
- We also deliver advertisements (see the Display of Advertising section below) and provide website analytical tools on non MGP sites and services, and we collect information about page view on these third party sites as well.
When you receive newsletters or promotional email from MGP, we may use web beacons (described below), customized links or similar technologies to determine whether the email has been opened and which links you click in order to provide you more focused email communication or other information.
In order to offer you a more consistent and personalized experience in your interactions with MGP, information collected through one MGP service may be combined with information obtained through other MGP services. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on your IP address in order to customize certain service to your geographic area.
Use of Your Personal Information
MGP collects and uses your personal information to operate and improve its sites and services. These uses include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services.
MGP collects and uses your personal information to operate and improve its sites and services. These uses include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences. MGP also processes billing and business requests related to MGP Website participation.
We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. You can opt-out from receiving newsletters or promotional email anytime by following the steps as described in the respective newsletter or promotional email. MGP reserves the right to provide customer with information about MGP’s website, MGP products and services, and related information in which customer has indicated an interest.
Personal information collected on MGP Manufacturing LLC sites and services may be stored and processed in the United States or any other country in which MGP Manufacturing or its affiliates, subsidiaries or service providers maintain facilities.
Purposes of Use
In the course of doing business, we employ other companies to perform a variety of functions on our behalf and will share with them personally identifiable information about Site visitors so that they can fulfill their obligations to us. These companies perform various functions for us, such as hosting our databases or websites, sending email blasts, delivering products or services, or helping us analyze our customers’ preferences and improve our products. We may also disclose your personal information (a) if we believe we are required to do so by law (for example if we are served with a search warrant, subpoena or court order); (b) to a third party to which ownership of MGP is transferred via an acquisition, merger, sale of assets or otherwise; (c) if we believe it is necessary to protect our company, or parent or affiliated companies, or a Site user; (d) to our affiliated or related companies; and (e) to our trusted business partners in whose products or services we believe you may be interested or with whom we may be offering a joint promotion or have some other co-branded relationship.
We also may share aggregate, non-personally identifiable information about our users with advertisers, business partners, sponsors, and other third parties. For example, we may tell a business partner the number of men and the number of women that entered a contest.
Within the Corporate Organization: MGP may share your personal information within its corporate organization.
- Mergers and Acquisitions. Circumstances may arise where for business reasons, MGP decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is MGP’s practice to seek appropriate protection for information in these types of transactions.
- Agents. MGP employs or engages other companies and individuals to perform business functions on behalf of MGP. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
- Affiliated Businesses. MGP works closely with affiliated businesses, including, but not limited to, its independently owned dealers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
- MGP Manufacturing LLC occasionally hires other companies (vendors) to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose than for delivering the service to MGP Manufacturing LLC in accordance with MGP Manufacturing LLC’s instructions and policies.
- Stored Information Uses. MGP stores and retains the information provided by customer OR the information entered on the MGP owned website. This information is used to compile a customer’s purchase history in order to enable MGP to recommend products, services, or special offers that would be of interest to a customer. Stored information is also used by MGP or its agents to support customer interaction with the MGP website; to deliver customer purchases; and/or to contact customer again about other MGP services and products.
- Online Advertising. Some companies that help MGP’s deliver interactive online advertising, such as banner ads, may collect and use information about MGP’s customers to help MGP better understand the types of advertising or promotions that are most appealing to its customers. After it is collected the information is aggregated so it is not identifiable to a specific individual.
- Third Party uses. Personal data we collect from other sources. We collect personal data from other sources including our trusted partnerships with third-parties and where we operate MGP accounts on third-party platforms: For example, when you use the “like” functionality on Facebook or the +1 functionality on Google+. Additionally, we receive information about you and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful. We also collect information about you and your activities from a third-party when we jointly offer services or products, or from third-party data enrichment providers (to find out more see our privacy key terms ) who may deliver insights to MGP about the personal data we hold.
During some of your internet browsing on MGP’s websites we may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.
Cookies and Other Passive Tracking Mechanisms
Most MGP websites use “cookies,” which are small text files placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you.
The cookies you consent to, are also used to collect your personal data which we then profile into audiences so that we can deliver targeted advertising tailored to your interests and limit the number of times you see an advertisement.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
What Cookies Do We Use?
The cookies used on MGP websites may be generally categorized as follow:
- Necessary Cookies. These cookies do not identify you as an individual.
- Performance Cookies. These cookies do not identify you as an individual.
- Functionality Cookies. The information these cookies collect may include personal data that you have disclosed.
- Targeting or Advertising Cookies. Most types of these cookies track consumers via their Device ID or IP address therefore they may collect personal data.
- Third-Party Cookies. Based on the type of cookies used by the relevant third-party, the information these cookies collect may include personal data.
Necessary Cookies. These cookies are essential to make MGP websites work correctly, they enable you to move around our websites and use our features. Without these cookies, services like shopping baskets cannot be provided. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session.These cookies do not identify you as an individual. If you do not accept these cookies, it may affect the performance of the website, or parts of it.
Performance Cookies. These cookies collect information about how you use our websites, for instance which pages you go to most often, the time spent on our websites, and any issues encountered, such as error messages. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. This helps us improve the performance of our websites. These cookies do not identify you as an individual. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
Functionality Cookies. These cookies allow our websites to remember the choices you make (such as your user name, language or the region you are in) to provide a more personalized online experience. These cookies may also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. Similarly, they may be used to keep track of what featured products or videos have been viewed to avoid repetition, and to enable you to play games and engage with social tools, such as blogs, chatrooms and forums. The information these cookies collect may include personal data that you have disclosed. If you do not accept these cookies, it may affect the performance and functionality of the website and may restrict access to content on the website.
Targeting or Advertising Cookies. These cookies are used to deliver content that is more relevant to you and your interests. They are also used to deliver targeted advertising or limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns on MGP and non-MGP websites. They remember that you have visited one of our websites and this information is shared with other parties, including advertisers and our agencies. These cookies may also be linked to site functionality provided by third-parties.
Do these cookies collect personal data/identify me? Most types of these cookies track consumers via their Device ID or IP address therefore they may collect personal data.
Third-Party Cookies. We use a number of partners that may also set cookies on your device on our behalf when you visit our websites to allow them to deliver tailored MGP advertising within their domains, for example Facebook. We endeavor to identify these cookies before they are used so that you can decide whether you wish to accept them or not. We also use a number of partners to provide digital experiences and functionalities on our websites. For example, while browsing MGP websites you may be served cookies from third-parties who provide some of its features on our websites (e.g., a YouTube video), although you have withdrawn or declined your consent to our cookies. This happens because you have directly given your consent to the use of their cookies. In such cases, you should directly withdraw your consent on the relevant third-party website.Based on the type of cookies used by the relevant third-party, the information these cookies collect may include personal data
Duration of the Cookie We Use
In terms of duration, we may use two different types of cookies on our websites:
Session Cookies. These cookies are temporary cookies that remain on your device until you leave our websites
Persistent Cookies. These cookies remain on your device for much longer or until you manually delete them (how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie, as well as your browser settings, as stated below).
Use of Web Beacons
MGP web pages may contain electronic images known as web beacons – sometimes called single-pixel gifs – that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include web beacons in promotional email messages or our newsletters in order to determine whether messages have been opened and acted upon.
MGP may also employ web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our sites. We prohibit web beacons on our sites from being used by third parties to collect or access your personal information.
Finally, we may work with other companies that advertise on MGP sites to place web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on a MGP site results in a purchase or other action on the advertiser’s site.
Information Preferences and Contacting MGP
To opt out of receiving marketing email messages from us, you can follow the opt out instructions to any marketing email you receive from us, or you can send an opt out request to firstname.lastname@example.org. To manage your preferences about what types of information you receive, log into your account and go to the “My Profile” page. For other questions, please contact us at: 83 2nd Avenue, Paterson, NJ 07514, Attn. Privacy Inquiries, (201) 882-8439; or email@example.com.
Security of Your Personal Information
MGP is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information we collect on computer systems with limited access, which are located in controlled facilities. When/if we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.
We take commercially reasonable precautions to keep your personally identifying information secure. Notwithstanding the foregoing, we cannot guarantee the security of any information you disclose online, and you do so at your own risk.
No Liability for Acts of Third Parties. MGP will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, MGP shall not be liable for unauthorized disclosure of personal information due to no fault of MGP including, but not limited to, errors in transmission and unauthorized acts of third parties.
No Tracking of Personal Information
MGP’s website(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs MGP does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
Collection of Non-Identifiable Information.
MGP may collect non-identifiable information from user visits to the MGP website(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on MGP website(s); website and system administration; user analysis; and business decision making. Such information is sometimes known as “clickstream data”. MGP or its contractors may use this data to analyze trends and statistics.
Children on Our Site
We do not knowingly collect information from children under 13 on this Site, do not direct this site to children under 13, and do not believe that our Site is appealing to children in that age group. If you are a parent and believe your child has provided us with information, please contact us at firstname.lastname@example.org. Parents, we encourage you to supervise your children’s use of the Internet, and suggest that you read http://www.ftc.gov/kidzprivacy/ to learn more about how to protect your children online.
Links to Third Party Web Sites
What are Your Rights?
Your rights in relation to your personal data how it is processed. You can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by sending an email or submitting a request through the “Contact Us” form on our websites.
Where we process your personal data, you have a number of rights over how the data is processed and can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by sending an email or submitting a request through the “Contact Us” form on our websites.
- The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. Therefore, we’re providing you with the information in this Notice.
- The right to access and rectification. You have the right to access, correct or update your personal data at any time. We understand the importance of this and should you want to exercise your rights, please contact us.
- The right to data portability. The personal data you have provided us with is portable. This means it can be moved, copied or transmitted electronically under certain circumstances.
- The right to be forgotten. Under certain circumstances, you have right to request that we delete your data. If you wish to delete the personal data we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.
- The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your personal data.
- The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
- The right to lodge a complaint with a Supervisory Authority. You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your personal data.
- The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us with the details provided below.
- Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right: to obtain human intervention; to express your point of view; to obtain an explanation of the decision reached after an assessment; and to challenge such a decision.
Changes to This Privacy Statement
Important Note Regarding U.S. Law
The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. We are located in the USA, as are this Site’s servers. All matters relating to this Site are governed by the laws of the State of New Jersey in the USA. If you are located outside of the United States, including in a member state of the European Union, and you use this Site and submit information on this Site, any information you provide will be transferred to the USA and by submitting the information you authorize this transfer and understand that the information you provide will be protected as provided for under U.S. law, not the law of your home country.
MGP Manufacturing LLC (“MGP”) maintains this site (“the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). MGP may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of MGP Manufacturing LLC unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of MGP and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. MGP neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with MGP.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by MGP Manufacturing LLC and used by Klean Gutter, its subsidiaries and independently owned and authorized dealers (the “Trademarks”). The Trademarks displayed on the Site are registered and unregistered Trademarks of MGP Manufacturing LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, MasterShield will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
While MGP uses reasonable efforts to include accurate and up to date information in the Site, MGP makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
Information in the Site is subject to change without notice. Information regarding MGP’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. MGP makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
Use of and browsing in the Site is done at user’s own risk. Neither MGP nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, Klean Gutter may ask that you transmit to the Site by electronic mail your feedback on the Klean Gutter products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Klean Gutter, (b) become the property of MGP and MGP shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Klean Gutter or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, MGP shall be under no obligation to respond to any such communication.
Notwithstanding the foregoing, MGP maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to MGP in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of MGP and MGP shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, MGP shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. MGP shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MGP uses or activities. On certain areas of our Site, such as video upload features, message boards, or chat rooms, you will be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. MGP will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised. Use of your account and the interactive features of this Site are governed by and subject to the following terms (“Posting Rules”). MGP may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting
Rules, the law, or are otherwise inappropriate. MGP does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.
- You understand and acknowledge that messages and postings are the sole responsibility of the author, and that MGP is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of MGP.
- You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate.
- You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of MasterShield. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- The message boards, chat rooms, and other forums we provide on this Site are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of MGP’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Site, a message board, chat room, forum, or other feature.
If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an email and submit to email@example.com. MGP may, but typically will not, acknowledge receipt of your complaint. You agree that MGP cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact firstname.lastname@example.org. Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account.
If you believe that something on the Site violates the Terms and Conditions or you wish to send an e-mail to Klean Gutter, please contact us at email@example.com and reference Klean Gutter Leaf Guard. If you are a copyright or trademark owner and you believe your rights have been violated, please follow our Proprietary Rights Complaint Process.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH MGP. PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS. Except as otherwise provided in the “Submissions” section above including with respect to ideas or other non-protectable information, any submission(s) you make on this website that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials (“User Content”) are governed by the following license terms “(License”):
- You hereby grant to MGP an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Content. MGP shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
- You hereby acknowledge and agree that: (a) MGP shall have the right to crop, edit, alter or arrange the User Content in any way it desires in MGP’s sole discretion; (b) MGP shall not have any obligation to provide you with any credit when using your User Content, but in the event MGP chooses to provide you with credit the size and placement of the credit shall be at MGP’s sole discretion; (c) you shall waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from MGP in connection with the User Content. You understand that MGP will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon these grants of rights, representations, warranties and indemnities should MGP use your User Content.
- You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for MGP’s use and exploitation of the User Content; and (e) the User Content conforms to the Posting Rules described in above.
- You agree to defend, indemnify, and hold harmless MGP and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against MGP or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
Third Party Links
This Site may link to other sites not maintained by or related to MGP. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of MGP. MGP has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
Any offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
These Terms and Conditions are governed and interpreted under the laws of the state of New Jersey, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and MGP with respect to the Site. You acknowledge that any other agreements between you and MGP with respect to the Site are superseded and of no force or effect.
You agree to indemnify and hold MGP, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
Both you and MGP acknowledge and agree that no partnership is formed and neither of you nor MGP has the power or the authority to obligate or bind the other.
No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.