Notice: Sub-Zero, Inc. and Wolf Appliance, Inc. (collectively, the "Company") has created these terms of use (the "Terms of Use") for the subzero.com web site (the "Site"). Please read these Terms of Use before using the Site. Do not use this Site if you do not agree with the Terms of Use. Use of this Site signifies compliance with, and acceptance of, these Terms of Use and the Company's Privacy Policy, which is incorporated herein.
Sub-Zero and Wolf are registered trademarks of Sub-Zero, Inc. and Wolf Appliance, Inc., respectively (collectively, the "Company Marks"). All other trademarks or registered trademarks are the property of their respective owners in the United States and other countries. The Company Marks must be used in accordance with the Company's trademark guidelines, may not be used in connection with any product or service other than those of the Company, may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use any Company Marks or those of any other entity by virtue of your use of this Site.
The Company authorizes you to view and download designated electronic information at this Site that may be made available from time to time. This electronic information ("Designated Information") may consist of technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Designated Information and on any copies of the Designated Information. You may not modify the Designated Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Designated Information for any commercial purpose. For purposes of these Terms of Use, any use of the Designated Information on any other web site or networked computer environment (including but not limited to posting of Designated Information on a local intranet or extranet) for any purpose is prohibited without the express written permission of the Company. The Designated Information at this Site is copyrighted and any unauthorized use of any Designated Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Designated Information obtained from the Site. All other material on the Site, including without limitation all other informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Restricted Material"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by the Company or its licensees and is protected by copyright, trademark and other intellectual property laws. You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any Restricted Material from the Site without the prior written permission of the Company. Additionally, the use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
The information provided on this Site, including product information, is furnished for the convenience of our customers and is accurate as possible. However, the Company makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products.
Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to the Company using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas. By submitting any material, information or idea to the Site, you waive any right to compensation of any type for such material, information or idea. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify the Company for any and all damages resulting from the user's actions or postings that violate any of these policies. The Company reserves the right to prohibit further postings by any user for violation of these standards.
Links to third party web sites not maintained by the Company on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. The Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
The materials provided at this Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Company further does not warrant the accuracy and completeness of the materials at this Site. The Company may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and the Company makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country or local area. Consult the Company directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall the company, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, consequential damages and those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Your sole remedy for dissatisfaction with the site, site-related services and/or hyperlinked web sites is to stop using the site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The data and information presented on this site is believed to be accurate but should not be relied upon by the user for any purpose. Any and all liability for the content or any omissions from this site, including any inaccuracies, errors, or misstatements in such data or information is expressly disclaimed. The company disclaims any liability for use of the company products in applications other than those for which they are designed.
This Site is administered by the Company based in Madison, Wisconsin. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Use will be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws.
The Site may contain forward-looking statements regarding the Company's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance.
The Company reserves the right to modify these Terms of Use at any time. The Terms of Use are binding upon you, therefore, you should review them often. The Terms of Use may be superseded by specific terms elsewhere on the Site. The effective date of this Terms of Use is September 14, 2004.
Sub-Zero, Inc. and Wolf Appliance, Inc. (collectively, the "Company" or "we") desire to protect the privacy of its online guests at subzero.com and any other Company websites (the "Site"). This privacy policy ("Privacy Policy") is intended to provide you notice of our information management practices, including the types of information gathered and how it is used and safeguarded. Your use of this Site constitutes acceptance of this Privacy Policy and the Terms of Use, which are hereby incorporated by reference.
We will collect no personally identifiable information about you when you visit our Site unless you voluntarily choose to provide that information to us. Any personally identifiable information that you provide to us via our Site will be used only for such purposes as are described either in this Privacy Policy or at the point of collection, such as to respond to your questions or comments, to register your appliance, to send you a requested brochure or to otherwise send information or products to you. The type of personally identifiable information we may collect from you when you choose to provide it may include your: name, physical address, e-mail address, phone numbers, product serial numbers and company name. If you provide contact information, we or our agents may contact you to clarify your comment or question, or to learn about your level of customer satisfaction with our services. We may use the information you give us to help us provide better products and service and to send you information or promotional materials if you request them. If you provide us with an e-mail address we may send you e-newsletters and other electronic correspondence from time to time.
The Company may disclose personally identifiable information to third parties when it is required to complete a customer-requested transaction, delivery or to provide in-warranty or out-of-warranty service. We also may disclose personally identifiable information about you to a subsequent owner or operator of our Site if we assign our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets or the Site's assets and/or services to a subsequent owner or operator. You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of such web site, and your continued use of the Site signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Site's subsequent owner or operator. The Company may also disclose personally identifiable information to third parties in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy; 3) we are required by law or court order to disclose, or we believe in good faith that the law requires it; 4) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property, other Site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with this Privacy Policy or our Terms of Use, or to protect our Site, customers, or others.
We do not publish content that is targeted to children. We do not intend to collect personally identifiable information from anyone under 13 and will not knowingly collect, maintain, or disclose such information. If you are under 13, you should not enter any personally identifiable information about yourself on our Site. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request. To request the removal of your child's information, please send us an e-mail and be sure to include in your message the same information, including e-mail address that your child submitted.
Some non-personally identifiable information is collected and stored automatically when you visit the Site. If you do nothing during your visit but browse through the Site, read pages or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. Our system collects data in the server log that may include:
If you linked to our Site from another web site, that web site's address may be logged. We may aggregate this data and use it for statistical purposes. For example, the aggregated data helps us to determine the volume of our Site users' interest in areas of our Site. It also helps us understand how we can improve the navigation and content of our Site. We may disclose this information to third parties.
Non-personal information may also be collected with the use of cookies. "Cookies" are small text files a web site can use to recognize repeat users. When someone visits the Site, a cookie is placed on the customer's machine (only if the visitor's web browser has been set to accept cookies) or is read if the visitor has visited the Site previously. subzero.com may collect aggregated Site-visitation statistics using cookies.
We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our Site, and you provide such information at your own risk.
subzero.com & wolfapplaince.com may, at any time, revise these policies by updating this posting. Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.
By providing any personally identifiable information to the Company pursuant to this Privacy Policy, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such information in the United States of America. Effective Date of this Privacy Policy This Privacy Policy is effective as of September 14, 2004.
If you have any questions or comments about our Legal Notice, please contact us via the Contact Us page.
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