Terms of Use

The Westye Group | Midwest (the “Company”) operates thewestyegroup.com web site (the “Site”) to provide online access to information about the Company and the products, services, and opportunities we provide.  By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”) and the Company’s Privacy Policy, which is incorporated here.  Additional terms and conditions applicable to specific areas of this Site or to particular content may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions.  Please read these Terms of Use before using the Site.  Do not use this Site if you do not agree with the Terms of Use.

The Company reserves the right to modify these Terms of Use at any time without giving you prior notice.  Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.  The last date these Terms of Use were revised is set forth below.

1.         Site Content
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company, and/or its subsidiaries and/or affiliates.  The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company.

Sub-Zero®, Wolf®, Best by Broan®, Broan®, NuTone®, and Westye® a (collectively, the “Marks”), are the property of the Company and its subsidiaries and/or affiliates.  The Westye® Group | Midwest is a registered trademark of The Westye Group | Midwest, LLC.  The Marks may not be used in connection with any product or service other than those of their respective owner, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company, its subsidiaries and/or affiliates or the Site.  You gain no right to use any Marks or those of any other entity by virtue of your use of this Site.  All other trademarks or registered trademarks used on the Site are the property of their respective owners in the United States and other countries.  

2.         Site Usage
The Company authorizes you to view and download designated electronic information at this Site that may be made available from time to time.  This electronic information (“Designated Information”) may consist of technical information, product literature, and other materials.  You must retain all copyright, trademark, and other proprietary notices present in the original Designated Information and on any copies of the Designated Information.  You may not modify the Designated Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Designated Information for any commercial purpose.  

For purposes of these Terms of Use, any use of the Designated Information on any other web site or networked computer environment (including but not limited to posting of Designated Information on a local intranet or extranet) for any purpose is prohibited without the express written permission of the Company.  The Designated Information at this Site is copyrighted and any unauthorized use of any Designated Information located at this Site may violate copyright, trademark, and other laws.  If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Designated Information obtained from the Site.  

All other material on the Site, including without limitation all other informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Restricted Material”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by the Company or its licensees and is protected by copyright, trademark and other intellectual property laws.  You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any Restricted Material from the Site without the prior written permission of the Company.  Additionally, the use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

3.         Information Provided
The information provided on this Site, including product information, is furnished for the convenience of our customers and is accurate as possible.  The Company makes no guarantee, either expressed or implied, as to its accuracy of the information, including, where applicable, the availability of any listed products.  Any prices displayed at the Site are quoted in U.S. Dollars.

4.         User Submissions
Any material, information or idea you may transmit to us or post on this Site by any means, including, but not limited to e-mails sent to the Company using links provided on this Site, (the “User Submissions”) shall become and remain the Company’s sole property, will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company or its subsidiaries or affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.  

We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas.  By submitting any material, information or idea to the Site, you waive any right to compensation of any type for such material, information or idea.  The disclosure, submission, or offer of any User Submissions shall be considered an assignment to the Company of all worldwide rights, titles and interests in and to all intellectual property rights, including copyright, which may reside in the User Submissions.  The Company shall be the sole and exclusive owner of all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Submissions.  The Company is and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay any compensation to any use for any User Submissions; or (3) to respond to any User Submissions.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.  The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy) of the Company or any third party.  The user will indemnify the Company for any and all damages resulting from the user’s actions or postings that violate any of these policies.  The Company reserves the right to prohibit further postings by any user for violation of these standards.

5.         Links To Other Web Sites
Links to third party web sites are provided solely as a convenience to users, and are not controlled by or associated with the Company.  If you use these links, you will leave this Site.  The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content.  The Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

6.         Disclaimer
THE MATERIALS PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.  THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  THE COMPANY FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS AT THIS SITE.  THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE.  INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA.  THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR USE OF THE COMPANY PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED. 

7.         Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENTS THEREOF, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATE BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

8.         Indemnification
You agree to indemnify, defend and hold harmless the Company, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the products and/or services, or the Content, or any violation by you of these Terms of Use.

9.         Applicable Laws
This Site is administered by the Company based in Glendale Heights, Illinois.  The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.  You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.  If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.  These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws.

10.       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 service and product offerings, and lack of market acceptance.

11.       General
The Company reserves the right to modify these Terms of Use at any time.  The Terms of Use are binding upon you, therefore, you should review them often.  The Terms of Use may be superseded by specific terms elsewhere on the Site.  The effective date of this Terms of Use is September 12, 2007.

Privacy Policy

The Westye Group | Midwest (the “Company” or “we”) desires to protect the privacy of its users at thewestyegroup.com (the “Site”).  

This privacy policy (“Privacy Policy”) is intended to provide you with notice of our information management practices, including the types of information gathered on the Site, and how it is used and safeguarded.  Your use of this Site constitutes acceptance of this Privacy Policy and the Terms of Use, which are hereby incorporated by reference..

We collect customer information in an effort to improve your online experience and to communicate with you about our products and services, as well as any promotional activities.  We do not sell or rent your personal information to third parties.  As described in this policy, we do, however, share your information with our subsidiaries and affiliates and under certain circumstances, with third parties that provide services on our behalf or with whom we are working to offer you a particular product or service.

Collection and Our Use of Personally Identifiable Information
We will collect no personally identifiable information about you when you visit our Site unless you voluntarily choose to provide that information to us.  Any personally identifiable information that you provide to us via our Site will be used only for such purposes as are described either in this Privacy Policy or at the point of collection, such as to respond to your questions or comments, to register your appliance, to send you a requested brochure or to otherwise send information or products to you.  The type of personally identifiable information we may collect from you when you choose to provide it may include your: name, physical address, e-mail address, phone numbers, product serial numbers and company name.  If you provide contact information, we or our agents may contact you to clarify your comment or question, or to learn about your level of customer satisfaction with our services.  We may use the information you give us to help us provide better products and service and to send you information or promotional materials if you request them.  If you provide us with an e-mail address we may send you e-newsletters and other electronic correspondence from time to time.

Sharing of Information

The Company does not sell or rent your personally identifiable information to third parties.

The Company may need to share your personally identifiable information with certain third parties such as agents, service providers or other representatives acting on our behalf for very limited purposes.  The Company may share your personally identifiable information with our affiliates, subsidiaries or unaffiliated third parties when it is required to complete a customer-requested transaction, delivery or to provide in-warranty or out-of-warranty service.  

The Company may share your personally identifiable information to our agents or service providers to send email and regular mail to you.

We also may disclose personally identifiable information about you to a subsequent owner or operator of our Site if we assign our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets or the Site's assets and/or services to a subsequent owner or operator.  

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of such web site, and your continued use of the Site signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Site's subsequent owner or operator.  

The Company may also disclose personally identifiable information to third parties in the following instances:
1) we have been given your consent to disclose;
2) we have previously informed you of the disclosure, including by means of our Privacy Policy;
3) we are required by law or court order to disclose, or we believe in good faith that the law requires it;
4) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property, other Site users, or anyone else; or
5) to respond to an inquiry, request or complaint that you have made.  

We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with this Privacy Policy or our Terms of Use, or to protect our Site, customers, or others.

The third parties with whom we may share your information are only authorized to use your information to perform the specific service for which they were hired.  They are required by our contract with them to follow the privacy guidelines we provide them and to take reasonable measures to ensure your personally identifiable information is secure.

Updating Information; Opting In or Opting Out

If information which you have submitted to us changes, or if you no longer desire to receive information from us about our products and/or services, we provide a way to correct or update your information: you may either update your account, contact [Customer Support] for the applicable product or service or, email us.

To opt-out of or opt-in to receiving marketing communications from the Company, please take one of the following actions:

1) Follow the directions on a marketing e-mail or direct mail marketing communication from us. All marketing communications from the Company will tell you how to stop receiving them.

2) Call 866-4-WESTYE with your request and provide your current contact information.

3) Send an e-mail with your current contact information to: customerconnect@thewestyegroup.com

4) Or, send a request with your current contact information to:
196 Exchange Blvd, Glendale Heights, IL 60139

The Company will take appropriate steps to implement your request to opt-out of or opt-in to receiving marketing communications. Please note that due to production, mailing and system timelines, in order to remove you from our marketing lists, it may take some time for the change in status to take effect.  Until that change takes effect, you may still receive marketing communications from us.

Please remember that even though you may have opted out of receiving marketing communications, you may still receive business-related communications such as order confirmations, product recall information, or updates or other similar communications.

California Privacy Rights
Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with the Company is primarily for personal, family, or household purposes, you may request certain data regarding the Company’s disclosure, if any, of personally identifiable  information to third parties for the third-parties’ direct marketing purposes.  To make such a request, please send an email message to customerconnect@thewestyegroup.com.  If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. 

Protection of Children's Personal Information
We do not publish content that is targeted to children.  We do not intend to collect personally identifiable information from anyone under 13 and will not knowingly collect, maintain, or disclose such information.  If you are under 13, you should not enter any personally identifiable information about yourself on our Site.  If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request.  To request the removal of your child's information, please send us an e-mail and be sure to include in your message the same information, including e-mail address that your child submitted.

Statistical vs. Personal Information
Some non-personally identifiable information is collected and stored automatically when you visit the Site.  If you do nothing during your visit but browse through the Site, read pages or download information, we will gather and store certain information about your visit automatically.  This information does not identify you personally.  Our system collects data in the server log that may include:

If you linked to our Site from another web site, that web site’s address may be logged.  We may aggregate this data and use it for statistical purposes.  For example, the aggregated data helps us to determine the volume of our Site users’ interest in areas of our Site.  It also helps us understand how we can improve the navigation and content of our Site.  We may disclose this information to third parties.

Use of Cookies
Non-personal information may also be collected with the use of cookies.  “Cookies” are small text files a web site can use to recognize repeat users.  When someone visits the Site, a cookie is placed on the customers machine (only if the visitor’s web browser has been set to accept cookies) or is read if the visitor has visited the Site previously.  thewestyegroup.com may collect aggregated Site-visitation statistics using cookies.

Security
We will make reasonable efforts to ensure that any information you provide, including personally identifiable information, will be maintained in a secure environment.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, or which is transmitted from our Site to you, and you provide such information, including your personally identifiable information at your own risk.

Changes to Policy
The Company may, at any time, revise this Privacy Policy by updating this posting.  Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.

Consent to Processing in the United States
By providing any personally identifiable information to the Company pursuant to this Privacy Policy, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such information in the United States of America.  Effective Date of this Privacy Policy This Privacy Policy is effective as of September 12, 2007.

Further Questions
If you have any questions or comments about our Terms of Use or our Privacy Policy, please contact us via the Contact Us page.