Web Site Information Collection and Use Practices and Web Site Use Terms and Conditions
(effective January 2021)
We have prepared this policy to help you understand more about how we collect, use, and disclose information from web site visitors. References to "web sites" includes mobile applications that we may publish. This policy does not cover information that we collect about you outside of our normal web site services. This policy also does not cover information that you voluntarily make public.
What information do you collect about me?
The information that we collect about you generally falls into two categories, information that you provide and information that is automatically collected.
Information that you provide.
You may provide information to us through our web sites that you visit. This information may consist of, but is not limited to, personal contact information (name, address, phone number, email address, user ID and password), requests for services, banking and financial information, information submitted with a credit application, bid information, quote requests and claim submission. We do not collect personally identifiable information unless you choose to provide such information voluntarily.
Social media information
Our site may provide you the convenience of creating an account through a social media service. If you create an account, access or log-in to our site through a social media service, the information we collect about you may include name, email, phone, profile picture, social media service, zip code, and any other information you have given us or permitted the social media service to share with us. By creating an account, accessing or logging into our site via a social media service you are authorizing us to collect, store and use such gathered information and content in accordance with our web site information collection and use practices.
Automatically collected information
When you visit our web sites we, and third party vendors that we may use, may automatically collect information from you that consists of, but is not limited to, IP address, geolocation, device type, connection information such as browser type and version, plug-in types and versions, operating system, demographic information, which of our web sites you visit and which web sites not affiliated with us that you visit in addition to other analytic tracking information. We may also automatically collect information about your visits to and use of our web sites regarding length, timing, frequency, products viewed or pages and screens visited.
Our web sites are not designed for use by children under the age of 13. Therefore, we do not knowingly attempt to solicit or receive any information from children.
How do you use this information?
Information that you provide is used for a variety of purposes including but not limited to contacting you, either by us or by an affiliated or nonaffiliated third party, regarding services or information you have requested or to process payments or claims you have submitted. We may also use or share your contact information, which information may be enhanced or merged with data collected from other sources to the extent permitted by law, to tell you about information you might find useful or interesting regarding our products and services as well as the products and services of our affiliates or nonaffiliated third parties.
With whom do you share this information?
Information that you provide and that is automatically collected is shared with our affiliates and partners, and also non-affiliated third parties, for the purposes described in this policy.
We may also share information with law enforcement agencies, governmental officials or other parties as required by law and when we believe that disclosure is necessary to protect our rights or property and/or comply with a judicial proceeding, court order, or legal process served.
How do you protect the security of the information you store?
We store information on our servers to carry out the purposes described here. While we use reasonable security measures, we cannot guarantee that the Internet or your mobile device will be completely secure. Our intent is to maintain any data provided as confidential, however, information transmitted over the Internet cannot be guaranteed to remain confidential and we assume no responsibility for maintaining such information as confidential. We encourage you to take steps to protect yourself online, including ensuring that any online account information you have remains secure. For example, do not share your passwords with other people.
See the limitation of Liability and Disclaimer below.
What are cookies?
What choices do I have regarding your use of information about me?
If you provide your email address to opt in to receiving future commercial marketing emails from us and our affiliates, then we may send information to you about our products or services and the products and services of our affiliates. To opt out from receiving commercial marketing email communications from us, please click on the opt-out (unsubscribe) link in the message you receive from us.
Web Browser "Do Not Track" Signals
Certain web browsers may provide an option by which you may have the browser inform web sites or internet services you visit that you do not wish to have your personally identifiable information about your activities or your usage and browsing history tracked by cookies or other persistent identifiers across time and across third-party internet web sites. These are called "do not track" signals. Our web sites currently do not respond to such signals. If you would like to opt out of having your activities tracked by cookies, you will need to opt out by installing the add-on at this link: https://tools.google.com/dlpage/gaoptout/.
Third party web site links
As a convenience to you, this web site may provide links to third party web sites on the Internet which may be maintained by unaffiliated third parties. Unless we expressly state otherwise, we do not control, sponsor, endorse or approve any content, information, services or products that may be available on the web site links that we provide. We are not responsible for the accuracy of any information received through a linked third party web site, any services or products that may be obtained through third party web site links or viruses that may reside on linked third party web sites.
Your use of this web site is your acknowledgement and agreement that we are not responsible or liable to you or any other person for any claim which may result from your use of any third party web site content, services or products.
Unaffiliated third party web sites are not within our control. When you link to those web sites you leave our web site and your communications are no longer subject to our web site data collection policies. Your interaction and browsing on any other web site that we may link to is subject to that web site's own privacy security and policies. We recommend you review those rules and policies before proceeding on any third party web sites.
Your Nevada Privacy Rights
If you are a Nevada resident, under Nevada Revised Statutes §§ 603A.300 et seq., you have the right to submit a Verified Request directing us not to sell certain information we may collect from you and that you provide through our websites. It is currently our practice not to sell such information, but if you would like to submit a Verified Request, please write us at: Online Privacy Department, 5000 Clayton Rd., Maryville, TN 37804.
For all requests, please include your name, street address, city, state and zip code. We will not accept requests via the telephone, email or by facsimile. We are not responsible for notices that are not labeled properly, or do not have complete information.
We respect and are committed to protecting copyright and intellectual property rights of others and we expect users of our web sites to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA"), Title 178 U.S.C.§512, provides recourse for copyright owners who believe that material displayed or used on our web sites infringes rights under copyright law. If you believe that any materials used or displayed on our web sites infringes your copyright, you may send us a notice requesting that the material be removed. To file a copyright infringement notice with us, you will need to send a written communication that includes substantially the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Please describe the work and where possible include a copy of the URL location of an authorized version of the work.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our web sites (providing URLs in your notice where the content is located will help us locate the content).
- Your contact information, name, address, telephone number, or electronic mail address at which you can be contacted.
- A statement that you, as the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide this information to our designated DMCA Agent at:Online Privacy Department
5000 Clayton Rd.
Maryville, TN 37804
Ownership of Web Site Contents
Unless otherwise stated herein, we and our licensors are the sole owners of this web site and all of its contents, including without limitation, the images and all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within this web site. You agree that all right, title and interest in this web site will remain ours or our licensors' exclusive property. Nothing in these Terms and Conditions for Web Site Use gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the images on the web site, our name or any of our trademarks, logos, domain names, or other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the web site unless we have given you prior written consent to do so. You may only use the web site for personal, non-commercial purposes.
Use of Our Web Site Content
You may link to our content but only for your personal use and provided the link or post does not imply any sponsorship or endorsement by us or make use of a logo or trademark without written consent of the logo or trademark owner. You may not frame, or in-line link to any of the content on our sites or incorporate into any other web site any content from our web sites.
Limitation of Liability and Disclaimer
THE CONTENT ON OR AVAILABLE THROUGH THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS PERMISSIBLE UNDER APPLICABLE LAW. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE WEB SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL ELEMENTS, THAT THE WEB SITE IS FREE FROM DEFECTS OR THAT THE WEB SITE MATERIALS ARE CORRECT, ACCURATE OR RELIABLE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE OF THIS WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THOSE SERVERS.
YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR THE ENTIRE COST OF REPAIR OR SERVICE THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT CAUSE BY ANY VIRUSES, MALWARE, ERRORS OR OTHER PROBLEMS FROM YOUR USE OR VISITING THIS WEB SITE.
WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM YOUR USE OF OUR WEB SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY: USE OF OR INABILITY TO USE OUR WEB SITES OR ANY SITE TO WHICH YOU LINK FROM OUR SITES; ERRORS OR OMISSIONS ON OUR SITES; INTERRUPTIONS OF OR DEFECTS IN OUR SITES; OR, ANY COMPUTER VIRUS, MALWARE OR HARMFUL COMPONENTS IN OUR SITES.
YOU AGREE THAT WE ARE NOT LIABLE TO YOU UNDER ANY CAUSE OF ACTION FOR ANY DAMAGES OR INJURY CAUSED BY OR RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DISCLAIM WARRANTIES, THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE THE RIGHT TO RECOVER INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS (WHETHER ALLEGED UNDER THE TERMS OF A CONTRACT, ALLEGEDLY CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR ALLEGED UNDER ANY OTHER LEGAL THEORY) WILL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS OUR WEB SITES.
What happens when this information collection and use policy changes?
From time to time we may change our information collection and use policy. The latest version of this policy will be posted here. You should periodically check here for the most current version of this policy. Any changes to this policy will not be retroactively applied. You understand and agree that your website use and access is governed by the policy that is effective at the time of your access or use of the website.
Who can I contact if I have questions regarding this web site use policy?
Questions regarding this web site information collection and use policy should be directed to us by email to OnlinePrivacy@ClaytonHomes.com or by writing to us at Online Privacy Department, 5000 Clayton Rd., Maryville, TN 37804.