Effective December 20, 2019
Updated August 30, 2020
At Oldcastle APG, Inc., a CRH Company (“APG”, also referred to as "us" or "we" in this Privacy Policy), your personal privacy is important to us. The following Privacy Policy describes the practices that we have adopted.
Please review this Privacy Policy, which governs the information collected through use by you (collectively sometimes referred to herein as "you" or "your") of the Website, or information collected in any other manner. Each time you access, use, or browse the Website, you signify your acceptance of the then-current Privacy Policy. If at any time you do not accept this Privacy Policy, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately.
NOTICE AT COLLECTION
Our Collection and Use of Your Personally Identifiable Information
As part of the normal operation of the Website, we may collect and, in some cases, use or disclose personally identifiable information (referred to herein as “personally identifiable information” or "PII") about you where we reasonably believe it will help us administer our business or provide products, services or other opportunities to you as described below.
For your convenience, we are listing the categories of PII that we collect below and have collected within the past 12 months:
|
Category |
What We May Collect |
How Collected |
Reason for Collection* |
|
Identifiers. |
A real name, alias, postal address, unique personal identifier, Internet Protocol address, online identifier, email address, account name, Social Security number. |
Through the Website, In-Person, Written in a completed form, application or other written correspondence, Web Chat and/or By Telephone. |
To market a service or product to you or complete a transaction for you; marketing and promotional efforts, statistically analyze Website usage, improve Website content and product offerings and customize Website content, layout and services. |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, Social Security number, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. |
Through the Website, In-Person, Written in a completed form, application or other written correspondence, Web Chat and/or By Telephone. |
To market a service or product to you or complete a transaction for you; marketing and promotional efforts, statistically analyze Website usage, improve Website content and product offerings and customize Website content, layout and services. |
|
Internet or other similar network activity |
Internet browsing history, internet search history, and website interaction information. |
Through the Website. |
To market a service or product to you or complete a transaction for you; marketing and promotional efforts, statistically analyze Website usage, improve Website content and product offerings and customize Website content, layout and services. |
*In addition to the reasons for collection described above, we may, in our sole discretion, retain original and updated PII as part of our records for reasons such as technical constraints, dispute resolution, trouble-shooting and agreement enforcement.
In addition to PII, we may also collect, aggregate, and share "Non-PII" which is information that is aggregated, anonymized, de-identified and is unable to be readily identified to you.
This Privacy Policy only addresses the use and disclosure of PII and other information we may collect from you. We do not have a process for you to request changes to your personally identifiable information that is collected in any manner.
APG collects information from our users at several different points, including but not limited to the following:
Personally Identifiable Information You Provide To Us
Any personal information that we may collect about you is voluntarily provided to us by you. We receive and may store the information you provide to us. As you navigate through the Website, there are several online forms which you can use to request information about us. In order for us to respond to your request, we ask that you provide to us, among other things, your first and last name, mailing address, telephone number, and email address on the online form. Other information may be identified as optional, and you may choose whether or not to provide it. The use of these online forms is completely voluntary. We may use your first and last name, email address, mailing address and telephone number to contact you from time to time. In addition, we may use that information internally for assessing our business and how the Website is used. Visitors to the Website may navigate the entire Website without using any of these features or providing any information.
Correspondence
If you correspond with us, we may retain such information and PII included as part of the correspondence. In addition, where we have sent an email to you, we may receive confirmation that you have opened it. If you want to unsubscribe from an APG email list, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from us. Please note that such requests may take up to ten (10) days to become effective.
Cookies and Other Tracking Methods
Like many websites, we use cookies and similar technologies to collect additional website usage data. A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies do not contain personally identifiable information; however, once you choose to furnish a site with personally identifiable information, this information may be linked to the data stored in the cookie. When you access our Website, we look into the cookie to fill out some fields you would otherwise have to re-enter (but not passwords or any financial information) and customize our Website to be more relevant to you. There are products commercially available that are designed to help you disable cookies. You may delete and/or decline our cookies by selecting the appropriate settings on your browser, but some parts of our Website may not work properly if you do so and this may affect your ability to use the full functionality of the Website. Also, most browsers have incorporated certain “do not track” (DNT) features. Most of these features, when turned on, send a signal or preference to the website that a user visits, indicating that the user does not wish to be tracked. At this time, our Website does not respond to browser “do not track” (DNT) signals or other “opt out” settings or features that may be offered by your browser or similar devices, however, we reserve the right to do so in the future.
Google Analytics
Our Website uses Google Analytics, a web analytics service provided by Google. Google Analytics uses cookies and similar technologies to collect and store anonymous information about you, which may include the non-personal information described above. You can read information about how Google Analytics may use your data at http://www.google.com/policies/privacy/partners/, Google’s Privacy Policy at http://www.google.com/intl/en/policies/privacy/, and Google Analytics Terms of Use at http://www.google.com/analytics/terms/us.html. Our Website may use certain features of Google Analytics, including:
(a) “Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Website. We use such non-personal information in the same manner as we use other non-personal information as described in this Privacy Policy.
(b) “Remarketing with Google Analytics” to place ads on other sites directed to people who have visited the Website.
(c) “Google Display Network Impression Reporting” to report how people’s interactions with our ads relate to their visits to the Website.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at https://support.google.com/ads/answer/2662856. You also can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at https://tools.google.com/dlpage/gaoptout/.
Surveys
From time-to-time, our Website may request information from you via surveys. Participation in these surveys or contests is completely voluntary and you may choose whether or not to disclose this information. PII and other information requested may include, but is not limited to, contact information (such as name, telephone number, email and mailing address).
Personally Identifiable Information and Information from Other Sources
We may receive PII and information about you from other sources, such as our agents, vendors and service providers and from publicly available sources. For example, sometimes we receive updated address information from third parties that we may use to update our records.
Disclosing Personally Identifiable Information To Third Parties
We do not sell or rent your personally identifiable information. We may, however, share your PII with third parties (including any agents, vendors, service providers and any affiliate or subsidiary we may have), under the following circumstances:
(1) The PII is provided to help promote or otherwise market a service or product to you or complete a transaction for you.
(2) The PII is provided to our agents, vendors or service providers who perform functions on our behalf. These agents, vendors or service providers only receive PII, if such information is needed to perform their function(s) or services, and they are not authorized to use any PII for any purpose(s) other than the purpose(s) set forth by us.
(3) The PII is provided to comply with applicable law, regulation or governmental request, enforce our Terms of Use or other agreements we have with you, or to protect our rights, property or safety, or the rights, property or safety of our users or others.
(4) The disclosure of PII is done as part of a purchase, sale or transfer of services or assets (for example, if substantially all of our assets are acquired by another party, your PII may be one of the transferred assets). We may also transfer such PII in the course of corporate divestitures, mergers, dissolution, joint ventures or reorganization.
We may store PII in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).
For your convenience, you may consult the chart below to see what information we disclose and what categories of information we have disclosed in the prior 12 months.
|
Category |
What We May Disclose |
To Whom PII is Disclosed |
Reason for Disclosure* |
|
Identifiers. |
A real name, alias, postal address, unique personal identifier, Internet Protocol address, online identifier, email address, account name, Social Security number. |
Our employees and third parties including any agents, vendors, service providers and any affiliate or subsidiary we may have. |
To market a service or product to you or complete a transaction for you; or for agents, vendors or service providers who perform functions on our behalf |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, Social Security number, address, telephone number, credit card number, debit card number, bank account numbers or any other financial information. |
Our employees and third parties including any agents, vendors, service providers and any affiliate or subsidiary we may have. |
To market a service or product to you or complete a transaction for you; or for agents, vendors or service providers who perform functions on our behalf. |
*In addition to the reasons for disclosure described above, we may, in our sole discretion, disclose original and updated PII to comply with applicable law, regulation or governmental request, to enforce our Terms of Use or other agreements we have with you, or to protect our rights, property or safety, or the rights, property or safety of our users or others.
We may also gather aggregated data about you and disclose the results of such aggregated information (but not PII) to third parties for marketing, promotional or other purposes.
Sale of Personally Identifiable Information
In the preceding twelve (12) months, we have not sold personally identifiable information.
Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties
Our Website contains links to or integrations with other sites, whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
This Privacy Policy only addresses APG’s use and disclosure of your personally identifiable information. We are not responsible for the privacy practices of any third parties or the content of linked websites, although we encourage you to read any applicable privacy policies of such parties or websites.
Protection of Personally Identifiable Information
We have put in place appropriate physical, electronic and managerial procedures to safeguard against foreseeable risks, such as unauthorized access. Please be aware that the Website and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We are not responsible for the acts and omissions of any third parties.
No transmission of data over the internet is guaranteed to be completely secure. We cannot guarantee the security of the information on and sent from the Website. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
Compromiseof Personally Identifiable Information
In the event that PII is compromised as a result of a breach of security, we will promptly notify those persons whose PII has been compromised, in accordance with applicable law.
Information from Children
Because of the nature of our business, our products and services are directed to persons 18 years of age or older and are not designed to appeal to minors. If you provide information to us through the Website, you represent and warrant to us that you are 18 years of age or older. We do not knowingly collect, sell, share, disclose, attempt to solicit or receive any personal information from children under the age of 18. Specifically, the Website is not intended or designed to attract children under the age of 13. If you are 13 -17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant that you have permission of your parent or guardian to use the Website, who agrees to this Privacy Policy and the Terms of Use on your behalf. If you are a parent and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email, including the Website to which your request pertains, to privacyAPG@oldcastle.com.
Conditions of Use, Notices and Changes to Our Privacy Policy
By using the Website you agree to the terms and conditions in this Privacy Policy and the APG Terms of Use (the terms and conditions of which are hereby incorporated by reference). In the event of any conflict between the terms and conditions of this Privacy Policy and the Terms of Use, then the Terms of Use shall control. If you do not agree to any of these terms and conditions you should not access, browse or use the Website.
You agree that any dispute over privacy or the terms contained in this Privacy Policy, our Terms of Use, or any other agreement we have with you will be governed by the law of the State of Georgia.
As our business changes from time to time, this Privacy Policy and the Terms of Use are subject to change at any time. We reserve the right to amend the Privacy Policy and Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy and/or Terms of Use to the Website and changing the version number and date of the Terms of Use and Privacy Policy which is noted just below the first line of text that is the title of these documents. . The use of your information is subject to the Privacy Policy and Terms of Use in effect at the most recent time of use. The policies and procedures described herein replace all previous policies and procedures regarding this subject. We encourage you to periodically check back and review the policies and procedures so that you always will know what PII and other information we collect, how we use it, and with whom we share it.
Governing Law
This Privacy Policy shall be governed by, and will be construed under, the laws of the State of Georgia, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
Notice of Privacy Rights of California Residents
Personal Information Shared for Direct Marketing Purposes
If you are a California resident and have provided personal information to us, you are entitled by law to request certain information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To make such a request, send an email to privacyAPG@oldcastle.com with "Request for California Privacy Information" on the subject line and in the body of your message. Include the website or line of business to which your request pertains. We will provide the requested information to you at your e-mail address in response. Please allow thirty (30) days for a response. We are required to respond to only one request per customer each year, and we are not required to respond to requests made by means other than through the above email address.
We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us an email at privacyAPG@oldcastle.com or mailing your request to Oldcastle APG, 400 Perimeter Center Terrace Ste 1000 Atlanta, GA 30346, Attention: Privacy Officer. When contacting us, please indicate your name, address, email address, which website or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.
California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
California Residents: Your Request Rights
This privacy notice for California residents supplements the information contained in the previous portions of this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as may be amended or supplemented, and any terms defined in the CCPA have the same meaning when used in this notice.
If you are a California resident, you should be aware that you have certain special rights regarding your PII and any “personal information” as that term is described in the California Consumer Privacy Act. Such information is collectively referred to in this Privacy Policy as “personal information”.
1) If you are a California resident, you may request that we disclose the following:
(a) The categories of personal information we have collected about you.
(b) The categories of sources from which the personal information is collected.
(c) The business or commercial purpose for collecting or selling personal information.
(d) The categories of third parties with whom we share personal information.
(e) The specific pieces of personal information we have collected about you.
We do not knowingly collect, sell, share or disclose personal information from children under 18 years of age.
2) If you are a California resident, we are obligated to make additional disclosures if we choose to sell or share your data for business purposes. While we do not sell your personal information, we may disclose your personal information to third parties in the ordinary course of business. Following this, we will disclose the following at your request:
(a) The categories of personal information that the business collected about you.
(b) The categories of personal information that the business sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
(c) The categories of personal information that we have disclosed about you for a business purpose.
You may request the above information at least twice per 12 month period. We will ask for some verification to comply with this request in order to protect your privacy.
3) If you are a California resident, you may also make a request to delete the information we have collected about you.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
(1) Sales, identifying the personal information categories that each category of recipient purchased; and
(2) Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Right to Opt-Out
You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Do Not Sell My Personal Information
You may also make a request to opt-out by one of the following additional methods:
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at privacyAPG@oldcastle.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out the form here or by contacting us at privacyAPG@oldcastle.com or calling us at 800-888-9631 describing your request(s). The verification we may request will reflect personal information that you have previously provided to us.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, though we reserve the right to implement a reasonable fee for excessive or complex requests you may submit. The verifiable consumer request must:
Before responding to a request by you, we will ask you to verify your identity using personal information you have previously provided to us, in order to protect your privacy. The manner in which we do so will vary on how you make a request and what is being requested. For example, if you submit an inquiry via email, we will respond with an email requesting verification. Otherwise, we may ask you verbally if you make this request over the phone (or in person). We may not be able to oblige all requests, as we are prohibited from disclosing some information.
In the event that you are using an authorized agent to request a disclosure or the deletion of your information, please send us a signed letter, including your name, email, your agent's name, and your agent's email, authorizing your agent. We may then ask you to verify your identity with us by email before responding to a request by your agent. Alternatively, you may directly confirm with us that the agent is authorized to submit the request.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request for access or deletion within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Do Not Sell My Personal Information
You may also make a request to opt-out by one of the following additional methods:
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at privacyAPG@oldcastle.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Questions Regarding This Privacy Policy
If you have any questions about our Privacy Policy, please contact us at privacyAPG@oldcastle.com or you can write to us at Oldcastle APG, 400 Perimeter Center Terrace Ste 1000 Atlanta, GA 30346, Attention: Privacy Officer.
PLEASE READ CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE OR USE THIS WEBSITE
Welcome to https://www.anchorwall.com (the "Website") operated by Oldcastle APG, Inc., a CRH Company (“APG”, also referred to as “us” or “we” in this Terms of Use). Use of the Website is voluntary. Please carefully read this Terms of Use (the “Terms of Use”) before using the Website, which contains the terms and conditions for use of the Website ("Terms"), and the related products and services available on or through the Website (the “Service(s)”). By accessing, browsing and using the Website or providing any information to APG via the Website, you indicate that you agree that the Terms apply to your use of the Website and your acceptance of the Terms contained in this agreement. The use of the Website is subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website.
You accept these Terms by accessing or using this Website in any manner, even if you do not create an account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that you are at least 18 years of age and of legal competence to enter into this agreement. If you are using this Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on behalf of your employer.
THE SECTION OF THIS TERMS OF USE ENTITLED “BINDING ARBITRATION” CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
Acceptance of Terms
This Terms of Use is a legally binding agreement between you, any third party to whom you provide or allow access to the Website or who otherwise benefits from your use of the Website (collectively sometimes referred to herein as "you" or "your"), and APG. By accessing and using the Website and Services, you acknowledge that you have read, understood and agree to be bound by the Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to the Terms, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately. APG may amend the Terms from time to time without notice to you, other than posting the amended Terms to the Website and changing the version number and date of the Terms of Use which is noted just below the first line of text that is the title of the Terms of Use. If you do not agree to the then-current Terms, you must immediately discontinue use of the Website. In addition, use of particular Services or information on the Website may be subject to additional terms and conditions that will be available in connection with such services and information. Unless otherwise agreed to in writing between you and APG, the Terms, as may be further amended, shall govern your use of the Website.
IF AT ANY TIME YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE OR USE THE WEBSITE, AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.
Use of the Website
We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of these Terms, or for any other reason whatsoever. Except as otherwise provided herein, however, APG undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties. In addition, use of particular Services or information on the Website may be subject to additional terms and conditions that will be available in connection with such Services and information.
Prohibited Uses
APG imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by APG in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with these Terms. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to the Website.
Privacy Policy
Information that you provide to APG via the Website is subject to our Privacy Policy. For more information, please read our full Privacy Policy.
Disclaimer of Warranties
The content provided on the Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. APG assumes no responsibility or liability for any actions taken as a result of using the Website, or for errors or omissions in the content of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL USE OF THE WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR OBTAINED FROM THE WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
ALTHOUGH APG ATTEMPTS TO PROVIDE YOU WITH ACCURATE INFORMATION, THE WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. PRODUCT AND OTHER INFORMATION, INCLUDING PRICING, AVAILABILITY, AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.
APG MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR EXPECTATIONS, (2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT, ADEQUATE, USEFUL, CORRECT, TIMELY OR RELIABLE INFORMATION, (3) APG WILL UPDATE THE INFORMATION ON THE WEBSITE, (4) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (5) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (6) THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS, HARMFUL COMPONENTS OR OTHER ISSUES OR LIMITATIONS.
YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THE WEBSITE. LIKEWISE, APG DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THE WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. APG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU. IN THAT EVENT, EXCEPT AS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE YOU FIRST ACCESS THE WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT APG AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, VENDORS, ATTORNEYS OR AFFILIATES MAY NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF APG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, APG’S CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED $1,000.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT APG WOULD NOT BE ABLE TO PROVIDE THE WEBSITE WITHOUT SUCH LIMITATIONS.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Information Posted To The Website, Product Information, Specifications, Pricing, Renderings
APG’s products and other information posted to the Website are subject to change at any time and may not be accurate, complete, current or reliable. You should not assume that APG has updated the information, materials or other content on the Website.
APG’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by APG or its subsidiaries and affiliates. You acknowledge and agree that any content used in connection with the Website, including any software accessible through the Website, contains APG’s proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "APG" and all other APG’s product and service names and design logos are trademarks and/or service marks of APG and/or its affiliates (the "APG Marks"). As between you and APG, APG shall own all right, title and interest in and to the APG Marks. Subject to the Terms, APG grants you a personal, non-transferable, non-commercial and non-exclusive right and license to use the Website. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to modify any software on the Website in any manner or form or to use modified versions of the software. Without APG’s prior permission, you agree not to display or use the APG Marks in any manner. APG reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the Website, its software and Services and you shall not infringe upon or violate such rights.
The license provided herein shall automatically terminate on the date APG decides to remove or terminate the Website. In addition, your license shall terminate immediately if you breach any of the Terms. APG is entitled to enforce its rights under this Terms of Use by an action for damages or by specific performance, injunctive or other equitable relief. This Terms of Use does not limit any rights that APG may have under trade secret, copyright, patent or other laws.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the content or the Website. Unauthorized use or copying (including electronic copying or downloading) of the Website and content without APG’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Termination
APG, in its sole discretion, may terminate your license to use the Website for any reason without prior notice to you. You acknowledge and agree that APG may immediately bar your further access to the Website. APG will not be liable to you or any third party for any termination of your access and/or use of the Website.
Links
The Website may provide links to other World Wide Web sites or resources. APG has no control over or responsibility for such websites and resources. You agree that APG is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such websites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such websites. APG provides these links to you only as a convenience and providing such links does not constitute an endorsement by APG of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.
Notices
Notices to you may be delivered by email, by U.S. mail, or by general notice on the Website. The Website may also provide notices of changes to the Terms or other matters by posting notices or links to notices to you on the Website. APG is not responsible for keeping your email address, mailing address and/or phone number up to date and accurate.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE APG AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE WEBSITE OR SERVICES, YOUR BREACH OF THESE TERMS, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THESE TERMS.
Records
Except to the extent required by applicable law and as set forth in the Privacy Policy, APG has no obligation to store, maintain or provide to you any information that you provide to APG.
General Information
The Terms and the Privacy Policy constitute the entire agreement between you and APG and govern your use of the Website, superseding any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between you and APG. You also may be subject to additional terms and conditions that are applicable to certain services on the Website. The Terms and the Privacy Policy do not alter the terms and conditions of any other written or online agreement between you and APG. The failure of APG to exercise or enforce any right or provision of the Terms or this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use shall be found by a court of competent jurisdiction or otherwise deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity of the remaining Terms. You may not assign the Terms or any of your rights or obligations under the Terms without APG’s express written consent. The Terms inure to the benefit of APG’s successors, assigns and licensees. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.
APG shall be not held liable for any delay or failure in performance of any part of this Terms of Use from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.
Except to the extent required by applicable law, you agree that any claim or cause of action arising out of or related to the use of the Website or the terms and conditions contained in this Terms of Use must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.
Governing Law and Venue for Resolving Disputes
This Terms of Use shall be governed by, and will be construed under, the laws of the State of Georgia, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).
BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST APG BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF GEORGIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FULTON COUNTY, GEORGIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Binding Arbitration
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND APG WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Modifications to the Website or Services
APG reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that APG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
Changes to Terms of Use
As APG’s business changes from time to time, this Terms of Use is expected to change. APG reserves the right to amend this Terms of Use at any time as provided herein. You should check the Website frequently to see the current Terms of Use in effect and any changes that may have been made to it. Your use of the Website is subject to this Terms of Use and Privacy Policy in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms or use of the Website.
Questions or Concerns Regarding The Website
If you have any questions, concerns or comments about the Website or this Terms of Use, please contact us at privacyAPG@oldcastle.com or you can write to us at Oldcastle APG, 400 Perimeter Center Terrace Ste 1000 Atlanta, GA 30346, Attention: Privacy Officer . For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.