Effective Date - January 1, 2016
govern your use of this Site.
If you have
email@example.com or by mail at 6600 Westown Parkway, Suite 100, West Des Moines, Iowa 50266.
or using this Site, you are agreeing to comply with and be bound by these Terms
our data practices as they relate to information collected through this Site.
Your Consent to Other Agreements
sign up to use a special feature of this Site, you may be asked to agree to
special terms governing your use of the special feature. In such cases, you may
be asked to expressly consent to the special terms, for example, by checking a
box or clicking on a button marked “I agree.” This type of agreement is known
as a “click–through” agreement. If any of the terms of the click-through
with respect to the matters governed by the click-through agreement.
this Site. Your use of this Site following any such change constitutes your
page of the public areas of this Site.
“Content” refers to all of the software and code comprising or used to operate
this Site, and all of the text, photographs, images, illustrations, graphics,
sound recordings, video and audio-video clips, and other materials available on
“Feedback” refers to the Content you post on or through this Site that is
specifically about how we can improve this Site and the products and services
we make available through this Site.
“Pella,” “we,” “us,” and “our” refer to K.C. South, LLC.
to this “Site” refer to the website owned by K.C. South, LLC.
“User-Generated Content” or “UGC” refer to all of the materials that you post
on or through this Site using the social-networking or product-review tools we
make available to you and that does not constitute Feedback.
Ownership of this Site and its Content
including all of its Content, is protected under applicable intellectual
property and other proprietary laws, including without limitation those of the
United States. All Content and intellectual property rights therein is the
property of K.C. South, LLC, or the Content is included with the permission of the rights
owner and is protected pursuant to applicable copyright and trademark laws.
of any Content on this Site does not constitute a waiver of any right in such
Content. You do not acquire ownership rights to any such Content viewed through
this Site. Except as otherwise provided herein, none of this Content may be
used, copied, reproduced, distributed, republished, downloaded, modified,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without our express prior written permission.
is hereby granted to the extent necessary to lawfully access and use this Site
and to display, download, or print portions of this Site on a temporary basis
and for your personal, noncommercial use only, provided that you (i) do not
modify the Content; (ii) you retain any and all copyright and other proprietary
notices contained in the Content; and (iii) you do not copy or post the Content
on any network computer or broadcast the Content in any media.
names and logos, all product names, all page headers, all custom graphics, all
button icons, and all trademarks, service marks and logos appearing on this
Site, unless otherwise noted, are trademarks (whether registered or not),
service marks and/or trade dress of Pella Corporation (the “Marks”) and used within this site with Pella's permission. All other
trademarks, product names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated on the Site are the
property of their respective owners. You are not authorized to display or use
the Marks in any manner without our prior written permission. You are not
authorized to display or use trademarks, product names, company names, logos,
service marks and/or trade dress of other owners featured on this Site without
the prior written permission of such owners. The use or misuse of the Marks or
other trademarks, product names, company names, logos, service marks and/or
trade dress or any other materials contained herein, except as permitted
herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through
responsible for UGC that you post: Under no circumstances will we be liable in
any way for any UGC. This means that you, not K.C. South, LLC, are entirely responsible
for all UGC that you post and that you can be held personally liable for
comments that are defamatory, obscene, or libelous, or that violate these Terms
of Use, an obligation of confidentiality, or the rights of others. If any part
of the UGC you post is not your original work, it is your responsibility to
obtain any necessary permission to post it.
do not control the UGC posted on or through this Site, we cannot and do not
warrant or guarantee the truthfulness, integrity, suitability, or quality of
that UGC. You also agree and understand that by accessing this Site, you may
encounter UGC that you may consider to be objectionable. We have no
responsibility for any UGC, including without limitation any errors or
omissions therein. We are not liable for any loss or damage of any kind you may
claim was incurred as a result of the use of any UGC posted, emailed,
transmitted or otherwise made available on or through this Site. The UGC posted
on or through this Site expresses the personal opinions of the individuals who
posted it and does not necessarily reflect the views of K.C. South, LLC or any person or
entity associated with K.C. South, LLC. You own UGC, but we may use it: You own the
copyright in any original UGC you post. We do not claim any copyrights in UGC.
However, by using this Site you are granting us and our subsidiaries,
affiliates, successors and assigns, a nonexclusive, fully paid, worldwide,
perpetual, irrevocable, royalty–free, transferable license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy, modify,
distribute, publicly display and perform, publish, transmit, remove, retain
repurpose, and commercialize UGC you post in any and all media or form of
communication whether now existing or hereafter developed, without obtaining
additional consent, without restriction, notification, or attribution, and
without compensating you in any way, and to authorize others to do the same.
For this reason, we ask that you not post any UGC that you do not wish to
license to us, including any photographs, videos, confidential information, or
disclose and/or remove UGC: K.C. South, LLC has certain rights. We have the right (but do
not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at
our sole and absolute discretion;
- disclose any UGC and the identity of the user who
posted it in response to a subpoena or whenever we believe that disclosure
is appropriate to comply with the law or a court order, to prevent or
investigate a possible crime or other violation of law, to protect the
- terminate your access to and use of this Site, or to
modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the
owners of UGC you post, and that you will retain ownership thereof as
transmit or otherwise make available:
- any UGC that is unlawful, harmful, hateful,
threatening, abusive, harassing, libelous, defamatory, obscene, vulgar,
pornographic, profane, racially disparaging, indecent, or invasive of
- any UGC that constitutes or encourages activity illegal
under criminal or civil law;
- any UGC that is false, misleading, or fraudulent;
- any UGC that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as
inside information or proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
- any UGC that violates or infringes upon the rights of
others, including UGC which violates the patent rights, copyrights,
trademark rights, privacy rights, publicity rights, trade secret rights,
confidentiality rights, contract rights, or any other rights of any
individual, living or deceased, or any legal entity;
- any UGC that contains the image, name or likeness of
anyone other than yourself, unless (i) that person is at least eighteen
years old and you have first obtained his/her express permission or (ii)
that person is under eighteen years old but you are his/her parent or
- any request for or solicitation of any personal or
private information from any individual;
- any request for or solicitation of money, goods, or
services for private gain;
- any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; or any UGC that contains advertising,
promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or
- violate any local, state, national or international
law, rule or regulation.
UGC, you represent and warrant that (i) you own or otherwise control all of the
rights to the UGC and have the right to grant the license set forth in these
years old and you have read and understood—and your UGC fully complies
person or entity.
Removal of Content
You can report objectionable UGC by contacting us using the information
provided above. While we do not have any obligation to remove UGC from this
Site merely because of a removal request, we will review all such requests and
will remove UGC that we determine should be removed, in our sole discretion and
however, that if the UGC has already been distributed to other websites or
published in other media, we will not be able to recapture and delete it. Also,
a back–up or residual copy of the UGC we remove from our Sites may remain on
copyrights: K.C. South, LLC does not knowingly violate or permit others to violate the
copyrights of others. We will promptly remove or disable access to material that
we know is infringing or if we become aware of circumstances from which
infringing activity is apparent.
believe that your own work, or the work of a third party for whom you are
authorized to act, is featured on our Sites or has been otherwise copied and
made available on our Sites in a manner that constitute copyright infringement,
please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright
owner or of the person authorized to act on behalf of the owner of the
- a description of the copyrighted work that you claim
has been infringed;
- a description of where the material that you claim is
infringing is located on our Sites (including the URL, title and/or item
number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email
address, and, if you are not the owner of the copyright, the name of the a
- written statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
- a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
your statement to [insert email/address of registered copyright agent]
do not claim ownership of UGC, the Feedback you provide to us will be and
remain our exclusive property. Your submission of Feedback will constitute an
assignment to us of all worldwide rights, title and interests in your Feedback,
including all copyrights and other intellectual property rights in your Feedback.
We will be entitled to reduce to practice, exploit, make, use, copy, disclose,
display or perform publicly, distribute, improve and modify any Feedback you
submit for any purpose whatsoever, without restriction and without compensating
you in any way. For this reason, we ask that you not send us any Feedback that
you do not wish to assign to us.
Disclaimer of Warranties
WE MAKE NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY
PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND
ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF
PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR
SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT
LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT
THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE
WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS
SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON
WE DO NOT
REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF
THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS,
EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
limiting the foregoing, certain products offered on this Site may be covered by
a manufacturers’ product warranty, and the limitations and disclaimers set
forth herein will not limit or restrict any such warranty.
entitled as a consumer to the extent your ability to alter or waive such rights
by contract is limited by applicable law.
Exclusion of Liability
FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS,
EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE
AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE;
LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR
DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE
WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU
ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP
AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART
OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
of Use give you specific legal rights and you may also have other rights which
vary from country to country. Some jurisdictions do not allow certain kinds of
limitations or exclusions of liability, so the limitations and exclusions set
limitations and exclusions subject to certain conditions. In such a case the
fullest extent permitted by the laws of such applicable jurisdictions. Your
statutory rights as a consumer, if any, are not affected by these provisions,
and we do not seek to exclude or limit liability for fraudulent
Links to Sites Operated by Third Parties
may provide links to websites operated by third parties. We are not responsible
for examining or evaluating, and we do not warrant the products or offerings
of, any of these businesses or individuals or the accuracy or content of their websites.
We do not assume any responsibility or liability for the actions, product, and
content of any such sites. Before you use any site you should review the
applicable conditions of use and policies. The inclusion of a link in this Site
does not imply our endorsement of the site. If you decide to access linked
third-party websites, you do so at your own risk.
exercise any right provided for herein shall not be deemed a waiver of such
provision or such right. All waivers must be in writing. Unless the written
waiver contains an express statement to the contrary, no waiver by any of us of
herein shall be construed as a waiver of any continuing or succeeding breach of
such provision, a waiver of the provision itself, or a waiver of any right
be contrary to law, such provision shall be changed and interpreted so as to
best accomplish the objectives of the original provision to the fullest extent
in full force and effect.
Governing Law, Jurisdiction and Venue
the laws of the State of Iowa without regard to its conflicts of law
provisions. All actions or proceedings arising out of or relating to these
Moines, Iowa. You hereby irrevocably consent and submit to the personal
jurisdiction of said courts for all such purposes.
click-through agreement, contain the entire understanding and agreement between
you and us with respect to this Site and supersede all previous communications,
negotiations and agreements, whether oral, written, or electronic between you
and us with respect to this Site.