Last Updated April 17, 2008
Meeting safety, security, legal, and regulatory requirements;
Providing you with general marketing, product, service and business-partner information and offers;
Conducting market analyses;
Maintaining the accuracy of our records to respond to your inquiries and provide you with warranty and other customer service communications, as well as otherwise managing our relationship with you; and
Satisfying other reasonable, legitimate business interests.
If these intended uses are not reasonably obvious from the circumstances in which personal information is collected, we will provide you with an opportunity to withhold your consent to the collection, use, or disclosure of the information. For example, we will give you an opportunity to tell us not to use for marketing purposes the contact information that you provide us when registering for a service. Keep in mind, however, that there are limited situations in which applicable laws require or allow us and our affiliates, service providers, and partners to collect, use, and disclose personal information without consent. These situations include, for example, safety and law enforcement and compliance activities.
Personal Information That N.E.W. May Collect About You
We will only collect the specific personal information (e.g., your name, address, telephone number, email address, billing and payment information) you choose to submit to us. The information we collect may be combined with information obtained from other services and companies; data you provide N.E.W. in other ways, such as through product or service registrations, service requests, and articles reviewed; and other information, such as non-personal information that N.E.W. may collect about you in order to help us improve our products and services and better serve your needs.
Non-Personal Information That N.E.W. May Collect About You
When you access our Site, we may automatically collect non-personal information (e.g., IP address, operating system, referring sites, pages viewed, length of visit, and browser version). We may use this information to improve our Site and provide services such as technical support. We may also provide aggregate statistics about our customers, sales, traffic patterns, and related Site information to reputable third parties, but this data will not include personally identifiable information related to specific individuals.
Information Sharing or Disclosure
When you provide N.E.W. with personal information, N.E.W. may share that information with our affiliates and retailer network. N.E.W. also may share your personal information with N.E.W. business partners solely for use in promoting joint marketing programs. For further information about those with whom we may share your information, please contact us.
We may also use third party suppliers and service providers to provide services on behalf of N.E.W. and to fulfill the products and services offered through the Site and we make personal information available to them to the extent necessary for them to provide services (e.g., to process a credit card payment). Further, we may disclose your personal information as required by law, in conjunction with a government inquiry, or in litigation or dispute resolution.
Confidentiality and Security
Some of our Web pages utilize 'cookies' and other technologies. A 'cookie' is a small text file that may be used, for example, to collect information about website activity. Some cookies and other technologies may serve to recall personal information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
All personally identifiable information is contained behind secure networks, and is only accessible to a limited number of employees with appropriate access rights. Any financial information collected or access to personally identifiable information is handled through a secure server. All credit information supplied is transmitted via Secure Socket Layer (SSL) technology and securely stored in our servers.
Opting Out of N.E.W. Marketing Promotions and Initiatives
If you do not want to be contacted for products, services, or marketing initiatives; or if you would like to be removed from any direct marketing initiatives, corporate surveys, or direct mail or e-mail lists; or if you would otherwise like to limit our use or disclosure of your personal information, please send an email to email@example.com with the words 'opt out' in the subject line. Except as required or permitted by applicable law, we will respect your wishes relating to the use of your personal information. Unless they are obvious, we will advise you of the consequences of withdrawing your consent. For example, if you withdraw your consent, N.E.W. may not be able to provide you or continue to provide you with the services or information about products or services or related promotions that may be of value to you.
Retention of Your Personal Information
N.E.W. retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) remains valid after termination of our relationship with you.
Links to Other Sites
The Site may contain links to other websites, such as the User Communities provided by third-party business partners not under N.E.W.'s direct control. N.E.W. is not responsible for such sites, and has no control over how such web sites use personal information, cookies or data, or the privacy practices or content of such websites. We recommend you carefully read the privacy policies of each site you visit.
Changes in Corporate Structure
Children Under 13
N.E.W. does not knowingly collect or maintain data at our Site from those under 13, and no part of our Site is targeted at anyone under 13.
How You Can Access or Correct Your Data
N.E.W. makes commercially reasonable efforts to keep your information complete, up-to-date, and accurate. Should you wish to access, update, or correct your personal information, please contact us as set forth below. When you contact us, please provide us with your name, address, any e-mail address you have provided N.E.W., and a description of the circumstances under which you provided the data (for example, to register a product, to receive a newsletter, etc.). We will make reasonable efforts to incorporate as soon as practicable the changes in personal information that we maintain. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections to data we maintain.
How To Contact Us
Your Acceptance of Our Privacy Practices
2. Scope of Use
N.E.W. invites you to view, use, and download portions of this Site for your personal, informational, non-commercial use; provided that you leave all copyright, trademark, and other proprietary notices intact. Except as expressly described in this paragraph, you may not, without N.E.W. prior written permission, modify, reproduce, perform, or display (a) the content of this Site; (b) the design or layout of this Site, or individual sections of the design or layout of this Site; or (c) N.E.W. trademarks, service marks, or logos.
3. Rules of Conduct
(a) use this Site for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of N.E.W. or its service providers;
(b) transmit or distribute any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information learned as part of employment relationships or under nondisclosure agreements);
(c) transmit or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) without the express permission of the owner of such right;
(d) copy, sell, resell, or exploit for commercial purposes any portion of this Site, including, without limitation, using any robot, spider, or other automatic or manual process to monitor or copy any Site pages or content, except as expressly permitted by N.E.W.
(e) transmit or distribute any User Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(f) intentionally forge headers, manipulate identifiers, or otherwise engage in any activities intended to impersonate or hide a user's identity or contact information;
(g) intentionally engage in any activities intended to unlawfully modify or misrepresent consumer product information, including, without limitation, any warranties thereto;
(h) transmit or distribute any User Content that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any software, hardware, or equipment;
(i) send unsolicited commercial messages or communications in any form (spam);
(j) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or trade secrets of this Site or of any software provided by N.E.W. or its licensors to use this Site; or
(k) Assist or permit any persons in engaging in any of the activities described above.
Each user of this Site, including you,
(a) is responsible for the User Content that you transmit to this Site, and the consequences of its use or submission;
(c) is responsible for ensuring that all User Content you transmit to this Site is accurate, truthful, up-to-date, and complete; and
(d) will abide by all security and safety measures established by N.E.W. or its service providers.
If you believe that any User Content on the Site infringes your intellectual property rights, please notify N.E.W.'s Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved. N.E.W.'s Copyright Agent is and can be reached at: [name, mailing address, phone number, fax number, and e-mail address of a designated copyright agent.]
5. Products and Services
Display of a service offering on this Site is not a guarantee that the item is currently available or that it will be available on this Site when you visit again. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of N.E.W. Any description or reference to non-N.E.W. products or services in this Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by N.E.W.
6. No Warranties
THIS SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THIS SITE (COLLECTIVELY, THE 'MATERIALS') ARE PROVIDED TO YOU ON AN 'AS IS,' 'AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. N.E.W. MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. N.E.W. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
8. Proprietary Rights
N.E.W.®, Product Assist® are trademarks / service marks of N.E.W. All other trademarks on this Site are the property of their respective owners. Unauthorized use of any N.E.W. or third-party trademarks, service marks, or logos may be a violation of federal and state trademark laws. N.E.W. and its licensors own all intellectual property rights in this Site, except as otherwise expressly indicated. This Site is protected by U.S. and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations.
9. Limitation of Liability
Following any advice obtained from any Third-Party Sites may void your manufacturer's warranty and your service contract. Please refer to the manufacturer's warranty manual and the terms and conditions of your service contract for details on your coverages and how to obtain service for your product.
YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. N.E.W. SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS, EVEN IF N.E.W. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Violations; Termination of Usage
11. Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and N.E.W., you must adhere to N.E.W.'s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with N.E.W.'s names and trademarks; (ii) the link must 'point' to the URL http://www.productassist.com/nexcom and not to other web pages within the Site (unless you receive permission from N.E.W. to do so); (iii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with N.E.W.; (iv) when selected by a user, the link must display the Site on full-screen and not within a 'frame' on the linking web site; and (v) N.E.W. reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. Security / Passwords
14. Governing Law