Important Legal Information
Unilateral Minimum Advertised Price Policy
Ergotron, Inc. announces its Unilateral Minimum Advertised Price Policy (“UMAP Policy”) for its products that are sold in the United States and Canada, effective October 30, 2013. The UMAP Policy is designed to help Ergotron resellers maintain the long-term strength and equity of the Ergotron brand by helping them engage in advertising that best conveys to customers the value of Ergotron’s products.
More information is available in the documents below:
Copyright and Usage of Content
The copyrights and other rights to the materials on this web site are owned by Ergotron and/or its subsidiaries worldwide and are protected by United States and International copyright law, both as a collective work and compilation, all rights reserved. All material provided on Ergotron web sites may not be reproduced, copied, distributed or transmitted in any form without the express written permission of Ergotron or the copyright owner and must include the following copyright notice:
© Ergotron, Inc., 2012. All rights reserved.
Ergotron welcomes links to its web sites without any prior authorization from Ergotron. However, it is agreed that Ergotron may request the link to be removed if, in Ergotron’s sole opinion, any aspect of the linking web site, its content or any other matter relating to the link is objectionable to Ergotron.
You may not make any part of this web site available as part of another web site whether by placing content within an html-frame or otherwise unless you obtain written permission from Ergotron and include the aforementioned copyright notice. This web site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any databases containing all or part of the web site or its content unless previously authorized by Ergotron. Ergotron reserves the right to refuse and/or request the removal of Ergotron copyrighted content from any other web site at its discretion.
Other Terms and Notices May Apply
Additional terms and conditions may apply to business transactions conducted or any promotions run by Ergotron via this web site. Additional terms will govern any bulletin board services, chat areas and or other message or communication facilities offered via this web site. Nothing contained in this Legal Information Page is intended to modify or amend any agreement currently in effect between you and Ergotron.
Other Intellectual Property Rights
Please note that any product, process or technology described in the materials on this web site, and any other Ergotron proprietary web site, may be the subject of other intellectual property rights reserved by Ergotron and are not licensed hereunder. Ergotron®, the Ergotron logo®, StyleView®, Neo-Flex® and most other brand names in this web site are the worldwide trademarks or registered trademarks of Ergotron. Trademarks of other parties are identified wherever possible and Ergotron acknowledges their rights. All material provided on Ergotron web sites may not be reproduced, copied, distributed or transmitted in any form without the Disclaimer of Warranty and Limitation of Liability.
THE INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL ERGOTRON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEB SITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEB SITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ERGOTRON IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Pricing and Product
The materials on this web site could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. Ergotron may make improvements and/or changes in the products, pricing, specifications and/or the programs described in this material at any time. Taxes, tariffs, fees and shipping charges are extra and vary. Ergotron cannot be responsible for pricing errors and reserves the right to cancel orders arising from such errors. For product warranty information, refer to the warranty policy page.
Submitting information to Ergotron
If you would like to contact Ergotron for any reason regarding use of our copyrights and trademark information, please correspond to:
Attention: Legal Department
1181 Trapp Road
St. Paul, MN 55121
This statement was last revised January 2010.
Ergotron, Inc. (“Ergotron”) recognizes and respects the privacy of our online visitors. It is Ergotron’s policy to comply with all applicable privacy and data protection laws. This commitment reflects the value we place on earning and keeping the trust of our customers, business partners, employees and others who share their personal information with us.
By using an Ergotron internet site or providing personal information to us, you are consenting to the collection, use and disclosure of your personal information as described in this Policy.
Information We Collect
Examples of when we may ask you to provide personal information include, but are not limited to, when you:
- Use any internet domain sites owned by Ergotron;
- Request quotes, services, support, or information;
- Place orders for products or services;
- Participate in surveys, sweepstakes, contests or other promotional activities;
- Subscribe to promotional emails, newsletters, or other materials;
- Apply for a job, submit your resume/CV, or create a candidate profile; or,
- Contact us.
Information we may request includes, but is not limited to, your email address, name, home address, and telephone number(s). If you make a purchase, we may ask for your credit card number and other data to process your credit or financing request. For additional information regarding internet domain sites owned by Ergotron, Inc., please contact the legal department at the address listed below.
Limitations on the Collection, Use and Disclosure of Personal Information
To the extent required by applicable law, whenever Ergotron collects personal information on an Ergotron internet site, Ergotron will:
- Collect, use, disclose and transfer your personal information only with your consent, which may be express or implied, depending on the sensitivity of the personal information, legal requirements, and other factors;
- Collect your personal information only for specific, limited purpose. This information we collect will be relevant, adequate and not excessive for the purposes for which it is collected;
- Process your personal information in a manner consistent with the purpose for which it was originally collected or to which you have subsequently consented;
- Take commercially reasonable steps to ensure that your personal information is reliable for its intended use, accurate, complete, and, where necessary, kept up-to-date;
- Not use your personal information for direct marketing purposes without giving you an opportunity to “opt-out”; and,
- Take appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within Ergotron.
Sharing Personal Information
Ergotron will not sell personal information collected from its internet sites to mailing list brokers without your express consent.
Ergotron may share your personal information with other Ergotron business units. When doing so, these other Ergotron business units will use your information in a manner consistent with the purposes for which it was originally collected (or to which you subsequently consented) and only as permitted under this Policy, any applicable Country or Web Site Privacy Statements, and all applicable privacy and data protection laws.
Ergotron may also share your personal information with third parties we hire to perform support services for us. These third parties are required to use the personal information we share with them only to perform services on our behalf and to treat your personal information as strictly confidential. In some cases, Ergotron may share your personal information with third parties who partner with us to provide products and services to our customers. If we do so, we will require our business partners to use the personal information we share with them in a manner consistent with the purpose for which it was originally collected (or to which you subsequently consented) and only as permitted under this Policy, any applicable County or Web Site Privacy Statements, and all applicable privacy and data protection laws.
In certain, limited circumstances we may share or transfer personal information to unrelated third parties. For example, we may provide personal information to a third party (i) at your request; (ii) to comply with a legal requirement or court order; (iii) to investigate a possible crime, such as identity theft; (iv) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Ergotron or an Ergotron business unit; or (v) under similar circumstances. If such an event occurs, we will take appropriate steps to protect your personal information.
Links to Third Party Internet Sites
Retention of Personal Information
Ergotron may retain the personal information collected on Ergotron internet sites as long as necessary to provide the services, products and information you request or as permitted by applicable law. If you would like to update your personal information or discontinue our use of your personal information, please contact us at the address listed below.
Children and Parents
Ergotron does not knowingly solicit or collect personal information from or about children on its internet sites except as permitted under applicable law. If you are under 18 years of age, please do not submit any personal information through our web sites without the express consent and participation of a parent or guardian. If your child has submitted personal information and you would like to request that such information be deleted from our records, you may do so by contacting us at the address listed below.
Changes to this Policy or our Privacy Statements
Ergotron reserves the right to update or modify this Policy, at any time and without prior notice, by posting the revised version of this Policy on our Ergotron internet sites.
If you would like to contact us for any reason regarding our privacy practices and/or would like to discontinue our use of your personal information, please write to us at the following address:
Attention: Legal Department
1181 Trapp Road
St. Paul, MN 55121
This policy was last revised October 2009.
DMCA Notice and Takedown Procedure
Ergotron abides by the Federal Digital Millennium Copyright Act by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a website that is controlled or operated by Ergotron that is claimed to be infringing.
Before serving either a Notice or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Ergotron’s rights and obligations under the DMCA and, in particular, Section 512(c), and do not constitute legal advice.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Ergotron’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org.
Please provide our Agent with the following Notice:
- Identify the material on Ergotron’s site that you claim is infringing, with enough detail so that we may locate it on the website;
- Identify the work claimed to be infringed (for example, title, author, any registration, URL);
- A 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;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
If material that you have posted to a site controlled or operated by Ergotron has been taken down, you may provide our Agent with the following Counter-Notification:
- Identify the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled;
- A statement by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Ergotron may be found and that you will accept service of process from the person who submitted a notice in compliance with the Section (c)(1)(C) of the DMCA, as generally described above;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
This notice was last revised December 2010.
Compliance with the California Transparency in Supply Chains Act of 2010
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (the “Act”) will go into effect in the State of California generally for retail sellers and manufacturers doing business in California, which have worldwide gross receipts of more than $100,000,000. The Act was designed to increase the amount of information made available by retailers and manufacturers regarding their efforts to address the issue of slavery and human trafficking, thereby allowing consumers to make better, more informed choices regarding the products they buy and the companies they choose to support. We believe that workers at our facilities and our supplier facilities have the right to freely choose employment and not be subject to exploitation as a condition of employment. Slavery and human trafficking can take many forms, including forced and child labor. We plan to increase our efforts to ensure and verify the absence of forced labor and child labor in our supply chain.
First, we are in the process of preparing a new Code of Conduct for Suppliers (“Supplier Code of Conduct”), which should be finished in 2012. We plan to distribute this Supplier Code of Conduct to our major suppliers and we plan to encourage them to comply with it. We seek to proactively combat this problem by holding our business partners accountable to take greater social responsibility for their participation in the global economy. As part of the collaborative effort to ensure forced labor and human trafficking does not occur in the supply chain, we also plan to safeguard against violations of local law. Our Supplier Code of Conduct requires our suppliers affirm that their materials incorporated into their products comply with the local laws regarding forced labor and human trafficking of the respective country or countries they conduct business in.
If a supplier rejects the Supplier Code of Conduct, we will emphasize that we will not tolerate serious or repeated violations and can terminate the relationship if needed. Terminating a contract may result in the loss of jobs, so we prefer to collaborate with suppliers to improve worker conditions wherever possible. We have not yet determined to what extent, and in what manner, our Supplier Code of Conduct will provide for us or for third parties to audit our suppliers’ compliance.
Second, our employees are bound by a company-wide Code of Ethics that requires them to obey all laws, including laws against forced labor and human trafficking. In addition, we plan to train existing employees as well as new hires, who are responsible for supply chain management on how to identify and respond to forced labor and human trafficking.
We want to be a company known for ethical leadership, a company where employees are proud to work and a company with which customers and suppliers want to do business. We gain trust by treating others with integrity, respect, and fairness. We must continue to demonstrate these values every day and in all our interactions, one day at a time.
The office of the General Counsel at our parent company, Nortek, Inc. www.nortek-inc.com, is responsible for overseeing our program. We will continue to strengthen our awareness program to keep compliance mind.
This notice was last revised January 2012.
In accordance with the law and SEC rule, but more importantly in the spirit set forth in our Code of Conduct, Nortek and its subsidiaries (including Ergotron) will work with our supply chain partners to take reasonable steps to ensure Nortek’s compliance with the law and regulations and to strive towards sourcing product which is considered “3TG Conflict Free.”
Read the full policy statement:
This notice was last revised November 2013.
Ergotron devices are not intended to cure, treat, mitigate or prevent any disease.