Last Modified: August 1, 2016
By using the Site, users consent to collection, use, and disclosure of information, including Personal Information (defined below), as described in this Policy. Use of the Site is subject to this Policy and Sun Mountain’s Terms and Conditions (see below).
Sun Mountain may collect information directly from users, automatically through use of the Site, and from third parties. The Company may combine all of the information collected about users from these various sources.
- Information collected directly from users. Depending on how users use the Site, users may provide Sun Mountain with certain information that can identify the user (such as name, business name, type of customer, e-mail address, phone number, fax number, mobile phone number, etc.—collectively, “Personal Information”). Sun Mountain will also collect any other information that users choose to provide through the Site (such as contents of messages sent to Sun Mountain through the Site).
- Content users provide. Users may enter comments or reviews, or ask questions on the Site (“Content”). If users post Content on the Site, the Content may be available to all visitors to the Site, and Sun Mountain cannot prevent such Content or information from being used in a manner that may violate this Policy, Sun Mountain’s Terms and Conditions, the law, or the user’s personal privacy.
- Information collected about users from third parties. Sun Mountain may collect information about users from third parties. For example, the Company may collect demographic information from public sources, and from third-party data and analytics companies.
- Information collected automatically through use of the Site. Sun Mountain may automatically collect information about users of the Site and quote requests from users, including, but not limited to, the user’s Internet Protocol (“IP”) address; the type of web browser the user is using; the website that led the user to the Site; the website the user goes to after leaving the Site; the pages the user views on the Site; the dates and times the user accesses the Site; the length of time the user stays on the Site; and information about any quote requests the user makes, such as items requested and the delivery location for the items.
How Information is Used
Sun Mountain may use user’s information, including Personal Information and/or Content, for the following purposes:
- Providing quotes and support to users. To provide services to facilitate quotes; to respond to user’s questions or requests; to provide users with news or other information Sun Mountain thinks may interest users; to communicate with the user about quote requests, use of the Site, or for other informational purposes; to improve the Company’s services; and for other customer support-related purposes.
- Marketing and advertising. To provide users with special offers, product information and other marketing or promotional communications from Sun Mountain or from other third parties. Sun Mountain may provide marketing or advertising to users in a variety of ways, including through the Site, via e-mail, or on other third-party websites (for example, using Google Customer Match or Facebook Ads). See the Online advertising and User choices sections below for more information.
- Research and analytics. To analyze how customers use the Site, services and products; to analyze how customers interact with marketing or other communications sent to them; and for other research, analytical, and statistical purposes.
- Protecting rights and interests. To investigate, protect, or defend the rights, safety, or property of Sun Mountain, its customers, or the public; to investigate or enforce perceived violations of Sun Mountain’s Terms and Conditions or this Policy; as evidence in litigation in which the Company is involved; and for fraud protection and credit risk reduction purposes.
- Legal compliance. To comply with laws, regulations, legal process (such as a warrant or subpoena) or guidance; and to respond to governmental requests (such as informal requests from a regulator).
How Information is Shared
Sun Mountain may share user information, including Personal Information and/or Content, with the following types of third parties:
- Service providers. Sun Mountain may share user information with third-party service providers, vendors, agents, contractors, or others who perform functions on behalf of the Company. For example, Sun Mountain may use service providers to process quote requests, deliver items, send mail, or send e-mails. Sun Mountain will obtain consent for such sharing with service providers where legally required.
- Corporate affiliates. Sun Mountain may share user information with any current or future parent company, affiliate, or subsidiary. Such corporate affiliates may use user information for various purposes, which may include marketing purposes.
- Other unaffiliated third parties. As noted above, Sun Mountain may send users marketing offers on behalf of third parties. Sun Mountain may also share user information directly with third parties, including so these third parties may send users marketing offers directly. The information that Sun Mountain shares with third parties may include, without limitation, user’s e-mail address, address, shipping location, and quote request information.
Sun Mountain may also share user’s information, including Personal Information and/or Content, in the following contexts:
- Protecting rights and interests. Sun Mountain may share user information to investigate, protect or defend the rights, safety or property of Sun Mountain, customers, or the public; to investigate or enforce perceived violations of Sun Mountain’s Terms and Conditions or this Policy; as evidence in litigation in which the Company is involved; and for fraud protection and credit risk reduction purposes.
- Sale or acquisition of assets. Sun Mountain may share user’s information if the Company becomes involved in a transaction involving the sale of its assets, such as a merger or acquisition, if the Company is transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not Sun Mountain, the surviving entity may use user’s information pursuant to its privacy policies, which may be different from this Policy.
- Legal compliance. Sun Mountain may share user’s information to comply with laws, regulations, legal process (such as a warrant or subpoena) or guidance; and to respond to governmental requests (such as informal requests from a regulator).
- Aggregate or anonymous information. Sun Mountain may share anonymous or aggregate information about users to third parties. For example, the Company may share anonymous or aggregate information to inform a third party’s decision on whether to place advertisements on the Sun Mountain Site or on other websites. These companies may use such information about user’s visits to the Site and other websites to provide advertisements on the Site and other websites.
Cookies and Other Tracking Mechanisms
Sun Mountain may automatically collect information about users through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that Sun Mountain or its service providers may use to track users include the following:
- Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in e-mails. Sun Mountain or its service providers may use clear GIFs (also known as web beacons, web bugs, or pixel tags) in connection with its Site to track the activities of visitors to the Site, help the Company manage content, and compile statistics about usage of the Site. Sun Mountain or its service providers may also use clear GIFs in e-mails to users, to help the Company track e-mail response rates, identify when e-mails are viewed, and track whether e-mails are forwarded.
- LSOs. Sun Mountain may also use local storage objects (“LSOs”) to store user’s Site preferences and to personalize user’s visits. LSOs are different from browser cookies because of the amount and type of data stored. Typically, users cannot control, delete, or disable the acceptance of LSOs through web browsers. For more information on Flash LSOs, or to learn how to manage settings for Flash LSOs, please click here.
California Do Not Track Disclosure
The Site does not respond to “do not track signals” (such as the Mozilla Firefox Do Not Track feature), though users may be able to disable certain tracking as discussed above (such as by disabling cookies). There is still no universally accepted standard regarding tracking, but for more information about do not track signals, please click here.
Users in the United States may opt out of many third-party advertising networks. For example, users may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and choices regarding having information used by DAA companies. Users may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt users out from those companies’ delivery of interest-based content or advertisements, but it does not mean users will no longer receive any advertising through Sun Mountain’s Site or on other websites. Please note that even if users opt out, users may continue to receive advertisements, for example, based on the particular website being viewed (meaning, contextually based ads). Also, if user’s browsers are configured to reject cookies when opting out on the DAA or NAI websites, the opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
- Account information. If users ever wish to access Personal Information, update Personal Information or cancel accounts, as applicable, users should contact Sun Mountain at email@example.com or through the contact information below. Please note that Sun Mountain may maintain copies of user information and Content even after users have updated the information or canceled accounts.
- Communications from Sun Mountain. Sun Mountain may send periodic promotional or informational e-mails to users about the Company, and other third-party information and offers. In the event users do not wish to receive such e-mails from Sun Mountain, users may opt out of such communications by following the opt-out instructions contained within the body of any e-mail message received, or by e-mailing the Company at firstname.lastname@example.org and requesting to no longer receive communications. It may take Sun Mountain up to ten (10) business days to process the opt out request. Even if users have opted out of receiving marketing and promotional e-mails from Sun Mountain, the Company may still send transactional e-mails, such as e-mails about user’s accounts, as applicable, or the services users have requested.
- Communications from third parties. Users may also opt out of Sun Mountain sharing user’s information with third parties for marketing purposes on a going forward basis by e-mailing the Company at email@example.com. Please note that once Sun Mountain has shared user’s information with a third party, such information is subject to that third party’s privacy policies and practices.
- Online advertising. See the Online advertising section for more information about user’s choices regarding online interest-based advertising.
California Privacy Rights
If a user is a California resident, the user may request a list of certain third parties to which Sun Mountain has disclosed “personal information,” as defined in California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), about the user for the Company’s own direct marketing purposes. Users may make one (1) request per calendar year. In the request, the user should affirm residency in California and provide a current California address for response. Users may request this information in writing by contacting Sun Mountain at firstname.lastname@example.org. Please allow up to thirty (30) days for response.
Sun Mountain’s Site is not targeted to children under thirteen (13) years of age and the Company does not knowingly collect Personal Information from children under 13. If Sun Mountain discovers that it has inadvertently collected Personal Information from a child under 13, the Company will promptly take measures to delete that Personal Information from its systems.
Sun Mountain’s Site may contain links to other websites. User’s use of an external website is subject to and governed by the terms and policies of that website. Sun Mountain is not responsible for the privacy practices of such other websites. The Company encourages users to read the privacy statements of each website visited.
Sun Mountain has taken steps to protect user’s information. For example, the Company limits internal access to its servers and has physical, electronic, and administrative safeguards in place designed to protect user’s information. However, the transmission of information via the Internet is not completely secure, and Sun Mountain cannot guarantee the security of information transmitted through its Site. Sun Mountain cannot ensure or warrant the security of any such information, and users provide such information at the user’s own risk.
Users can also take steps to help protect information. For example, if users have an account, as applicable, with Sun Mountain, users should take steps to protect against unauthorized access to the account by, among other things, choosing a robust password, and keeping the log-in and password private.
Changes to This Policy
This Policy was last updated as of the “Last Modified” date above. Sun Mountain may modify this Policy at any time and will post any updates to the Site. The Company therefore encourages users to review this page frequently for any changes.
Contacting Sun Mountain
For questions or comments about this Policy, please contact Sun Mountain using the information set forth below:
Sun Mountain, Inc.
140 Commerce Drive
Berthoud, CO 80513
970.532.2105 or toll-free at 888.786.6861
Terms and Conditions
Last Modified: August 1, 2016
Changes to Terms and Conditions
Sun Mountain may revise and update these Terms and Conditions from time to time in the Company’s sole discretion. All changes are effective immediately upon posting to this Site. The user agrees to be bound by any revised Terms and Conditions by continuing to access and use the Site. The user also agrees to periodically review these Terms and Conditions for revisions.
Site Access and Security Codes
If a user chooses, or is provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of Sun Mountain’s security procedures, as applicable, the user agrees to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person(s). Sun Mountain asks users to immediately notify the Company if users become aware of any unauthorized access to or use of Security Codes or any other actual or potential breach of security. Users should use particular caution when accessing accounts from a public or shared electronic device so that others may not view or record Security Codes or Personal Information. Sun Mountain reserves the right to disable Security Codes at any time in the Company’s sole discretion and for any reason, including for any violation of these Terms and Conditions.
This Site and its Content are provided as a convenience to users and customers of Sun Mountain. Sun Mountain reserves the right to suspend, restrict, or terminate all or a portion of any user’s access to or use of the Site at any time, without prior notice.
Ownership and Use of Content
The Content provided on this Site is furnished for general informational purposes for the convenience of Sun Mountain’s users and customers.
The Site and all of its content, features, and functionality (including. but not limited to, all information, software, text, displays, images, software applications, video and audio, photographs, graphics, messages, postings, files, documents, or other materials and its design, selection, and arrangement) (“Content”) are owned by the Company or its licensors and are protected by the copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).
Sun Mountain authorizes users to view and download designated portions of the Content that the Company may make available from time to time (“Designated Information”). This Designated Information may consist of technical information, product literature, and other content regarding Sun Mountain’s products and services. Users may not copy, modify, reproduce or publicly display, transmit, distribute or use the Designated Information for any purpose other than personal use. Users may not use the Designated Information on any other website, social media site, or networked computer environment, such as an intranet or extranet, for any purpose without the prior written permission of the Company, which may be withheld in the Company’s sole discretion. Unauthorized use of the Designated Information may violate Intellectual Property Laws. If a user fails to comply with these Terms and Conditions, authorization to use this Site automatically terminates and the user must immediately destroy any Designated Information obtained from the Site.
The Company makes no guarantee or any representation or warranty, whether expressed or implied, as to its accuracy, completeness, or usefulness of this Content, or the availability of illustrated products. SUN MOUNTAIN EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON SUCH CONTENT BY ANY USER OR THIRD PARTY RECEIVING THE CONTENT.
Third Party Content
This Site may include content provided by third parties. All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party. The third-party content does not necessarily reflect the opinion of the Company. Sun Mountain is not responsible or liable to any user or any third party for the accuracy of any content provided by any third parties.
In providing submissions or posting content to the Site, the user represents and warrants to the Company that the user owns or has the legal right to use such content, that the content is true and accurate, and that such content will not cause harm to any third party. Any material, information, idea, or content a user transmits to or posts on the Site (“User Submission”) will be treated as non-confidential and non-proprietary. By providing any User Submission, the user grants Sun Mountain, its affiliates, and service providers, and each of the user’s and the Company’s respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute or disclose to third parties any such User Submissions for any purpose. Sun Mountain, its affiliates and service providers may share User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, and marketing the Company’s products and services. Sun Mountain assumes no responsibility for reviewing unsolicited ideas for its business, such as product or advertising ideas. By submitting any User Submissions to the Site, users waive any right to compensation of any type for such User Submissions.
Posting on the Site
Users are prohibited from:
- Posting or transmitting to or from the Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Sun Mountain.
- Posting any content that is confidential, proprietary, invades the privacy or publicity rights of others, or violates the Intellectual Property Rights of any third party. Users agree to indemnify the Company for any and all damages resulting from User Submissions that violate these Terms and Conditions. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms and Conditions.
Prohibited Uses of the Site
Users of the Site agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or its functionality or interfere with any other party’s access to or use of the Site.
- Use any automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the Site’s server, or any server, computer or database connected to the Site.
- Use any device, software, or routine that interferes or attempts to interfere with the proper functionality of the Site.
- Use the Site for sending spam.
- Provide content or introduce any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful.
- Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
- Otherwise attempt to interfere with the content or proper functionality of the Site.
Copyright Law Violations
Sun Mountain respects the Intellectual Property rights of others and is committed to comply with copyright laws. The Company complies with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of a notice (“Notice”).
If a user believes the user’s copyright, or the copyrights of a third party, are being infringed upon because of content on the Site, the user must promptly provide a Notice to the Company’s General Manager, at the contact information and following the procedures set forth below:
Sun Mountain, Inc.
140 Commerce Drive
Berthoud, CO 80513
To be effective, the Notice must be in writing, be provided to the Company’s General Manager, and include substantially the following:
- Physical or electronic signature of the holder of the copyright (or such holder’s authorized agent).
- A description of the work claimed to have been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works.
- A description of the material that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the user, such as an address, telephone number, and e-mail address.
- A statement that the user has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the user is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the DMCA Notice, Sun Mountain will investigate and remove the alleged infringing content, in the Company’s sole discretion.
Links to Other Web Sites
Links to third party websites from the Site are provided solely as a convenience to users and customers. If a user uses these links, the user will leave the Site. The Company has not reviewed those third party websites, does not control, and is not responsible for any of those websites or content. The Company does not endorse or make any representations about such third party websites, or any information, software, content, or other products or materials available on those third-party websites. If a user decides to access any of the third party websites linked to the Site, the user does so entirely at the user’s own risk.
“AS-IS” CONTENT/WARRANTY DISCLAIMERS
THE CONTENT PROVIDED ON THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COMPANY FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.
THE CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT. CONTENT AVAILABLE ON THE SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN A COUNTRY OR LOCAL AREA. THE USER SHOULD CONSULT THE COMPANY DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE.
SUN MOUNTAIN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO A USER’S USE OF THE SITE, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO A USER’S COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE, POSTING OF CONTENT, OR A USER’S DOWNLOAD OF CONTENT FROM THE SITE.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR ANY OF ITS CONTENT, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF A USER’S USE OF THE CONTENT FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF DOORS, MOULDINGS, DOOR HARDWARE, FLOORING, WOOD BEAMS OR ANY OTHER MILLWORK PRODUCTS, OR THE USER’S ELECTRONIC DEVICE’S HARDWARE, SOFTWARE, SYSTEM, OR DATA, THE USER WILL BE RESPONSIBLE FOR ALL SUCH COSTS. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Users agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or related to the user’s violation of these Terms and Conditions or use of the Site or the Content, including, but not limited to, User Submissions.
These Terms and Conditions are governed by the laws of the State of Colorado, without reference to its conflicts of law principles. Any lawsuit, or other legal proceeding arising out of, or related to, the subject matter of these Terms and Conditions, the use of the Site or the Content shall be instituted exclusively in the federal courts or state courts in Colorado with jurisdiction in Weld County, Colorado. The Company also retains the right to bring any suit, action, or proceeding against users for breach of these Terms and Conditions in the user’s country of residence or any other relevant jurisdiction. Users waive any and all objections to the exercise of jurisdiction over the user by such courts and to venue in such courts.
This Site is administered by Sun Mountain, based in Berthoud, Colorado. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to the materials from territories where the materials are illegal is prohibited. Users may not use or export or re-export the Content at this Site, or any copy or adaptations of the Content, in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If a user chooses to access the Site from outside the United States, the user does so on the user’s own initiative, and is responsible for compliance with applicable local laws.
Forward Looking Statements
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 product and service offerings, and lack of market acceptance.