Privacy Policy
ImproveIt Home Remodeling is committed to protecting online user privacy. In order to ensure your privacy, information ImproveIt Home Remodeling collects through our web site at www.improveitusa.com (“Site”) is used only in the manner and for the purposes described in this ImproveIt Home Remodeling Privacy Policy (“Privacy Policy.”)
USER CONSENT TO PRIVACY POLICY
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be considered a “User.” All Users are bound by the terms of this Privacy Policy. Users consent to the collection, use, and disclosure of personally identifiable User information (“Information”) pursuant to the terms of this Privacy Policy.
INFORMATION COLLECTED FROM USERS
ImproveIt Home Remodeling collects the email address of Users that email a question or comment to ImproveIt Home Remodeling or submit a customer review.
ImproveIt Home Remodeling collects the billing and shipping addresses, including relevant e-mail, phone and credit card numbers and expiration dates of Users who purchase a product from ImproveIt Home Remodeling through the Site. This includes Users who register to become ImproveIt Home Remodeling members or enter any ImproveIt Home Remodeling contests or other promotional features available on the Site.
Through the use of “cookies” (For more information regarding Cookies, see below), ImproveIt Home Remodeling may collect and store anonymous information relating to Users’ browsing patterns, including, for instance, the User’s browser version, site referral information, IP address, operating system, and other technical Site use information.
Dispute resolution policy
Notice: by checking the consent box and submitting your information through this web site or by visiting and/or using this web site directly and submitting any information through or via this web site, you are agreeing to have any dispute arising out of the matters included in the ‘arbitration of disputes’ provision decided by neutral arbitration as provided by ohio law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. You are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the ‘arbitration of disputes’ provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the business and professions code or other applicable laws.
Going forward, in this section, “we” refers to (i) you, as the visitor to this web site, and (ii) improveit, together. “i” and “my” refers to you, as the visitor to this web site.
ARBITRATION OF DISPUTES
We agree that any and all disputes, claims, or controversies (hereafter referred to as a “claim”) arising under or relating to: (i) my use of this web site; (ii) my entering of information or data into the forms contained on this web site; (iii) improveit’s collection, use, or disclosure of my personal information or data; (iv) any calls, text messages, prerecorded or artificial voice messages, emails, telemarketing communications, or other communications sent to me or received by me, including any claims arising under the telephone consumer protection act (“tcpa”), do-not-call laws, telemarketing laws, privacy laws, or similar federal or state statutes; or (v) the validity or enforceability of this arbitration of disputes provision (“provision”), shall be subject to arbitration in accordance with this provision.
I agree that i will assert a claim only on behalf of my own self and that i will not assert a claim on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action or in any other forum or action. Notwithstanding any other language in this provision, only a court, not an arbitrator, will decide claims about the validity, enforceability, coverage or scope of this class waiver provision or any part of this provision. . If a court determines that this provision is not fully enforceable, the court’s determination shall be subject to appeal. This provision does not apply to any lawsuit or administrative proceeding filed against improveit by a state or federal government agency even when such agency is seeking relief on behalf of a class of consumers. This means that improveit will not have the right to compel arbitration of any claim brought by such an agency.
Any claim shall be adjudicated by final and binding arbitration by one arbitrator in accordance with the american arbitration association (“aaa”) consumer arbitration rules in effect at the time the demand for arbitration is made. Notice of the demand for arbitration shall be filed with aaa by the party asserting the claim, and the demand shall be copied to the other party. Further information may be obtained and claims may be filed at www.adr.org, or by mail at 120 broadway, floor 21, new york, ny 10271, attn: case filing. If aaa is unable or unwilling to arbitrate the claim, the parties shall utilize jams pursuant to its consumer minimum standards, www.jamsadr.com, (800) 352-5267. If jams is also unable or unwilling to arbitrate the claim, then the court may appoint an arbitrator.
The demand for arbitration shall be made by the party asserting or compelling the arbitration within a reasonable time after the claim in question has arisen, and in no event shall the demand be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. The arbitration shall be held in franklin county, ohio or by telephonic or virtual means if agreed by the parties.
This web site operates in and affects interstate commerce, and the transactions and interactions occurring through this web site involve interstate commerce. Accordingly, this provision is governed by the federal arbitration act (“faa”), 9 u.s.c. sections 1 et seq. The appointed arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator shall apply applicable federal law and, to the extent state law is applicable, the laws of the state of ohio, without regard to its conflict-of-laws principles, consistent with the faa, that would apply in court, but may use different procedural rules. Participation by any party in the arbitration may take place by telephone. If the arbitration forum’s rules conflict with this provision, this provision will control.
Any claim may, at the option of the party receiving the demand for arbitration (the party not asserting the claim) be first submitted to a non-binding mediation process governed by the then-applicable rules of mediation established by the arbitration forum. The mediation shall be elected within seven days of receipt of the demand for arbitration and completed within thirty days thereafter. The mediation itself shall not last more than four hours, and the costs of the mediation, other than legal fees, which are to be borne by each party, shall be paid entirely by the party electing the mediation.
The arbitration shall be administered in accordance with the aaa consumer arbitration rules, including the aaa’s rules regarding the allocation of filing fees, administrative fees, arbitrator compensation, and costs. To the extent required by applicable law or the applicable arbitration rules, improveit shall pay those fees and costs necessary to ensure that this arbitration provision remains enforceable.
The arbitrator shall have the authority to award any relief available under applicable law and the applicable arbitration rules, including the allocation or reimbursement of arbitration fees and costs where authorized. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Except as otherwise provided by applicable law, the applicable arbitration rules, or the arbitrator’s award, each party shall bear its own attorneys’ fees and expenses.
Any arbitration proceeding brought under this provision, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public. We shall allow and participate in discovery in accordance with the federal rules of civil procedure for a limited period of ninety (90) days after the filing of the answer or other responsive pleading. Unresolved discovery disputes may be brought to the attention of, and may be disposed by, the arbitrator. Either improveit or i may bring an action in any court of competent jurisdiction, if necessary, to compel arbitration under this provision, to obtain preliminary relief in support of a claim to be adjudicated by arbitration, or to enforce an arbitration award. A judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. If any term or clause of this provision is found to be unenforceable or in violation of applicable state law, we shall treat this provision as if that term or clause did not exist, and the remainder of this provision shall remain in full force and effect, other than as discussed previously in regard to the waiver of class or representative actions being appealable.
No arbitration proceeding brought under this provision shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to this agreement unless (i) the inclusion of such person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and/or such other person or entity is substantially involved in a question of law or fact that is common to those who are already parties to the arbitration and that will arise in such proceeding; and (ii) the written consent of the other person or entity sought to be included and the written consent of each party to this agreement has been obtained for such inclusion.
We are hereby agreeing to choose arbitration, rather than litigation or some other means of dispute resolution to address our grievances or alleged grievances with the expectation that this resolution process may be more cost-effective and expedient for the parties than litigation. By entering into this agreement and the arbitration provisions of this section, both parties are giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, except that if there is a small claims court (or an equivalent type of court) located within the county and state in which i reside, then i may, in accordance with the rules of that small claims court, choose to bring (and must then keep) my own claim in that small claims court.
COOKIES
The Site uses a feature of Internet Web browsers called a Cookie, which is a file that a User’s Web browser places on a User’s computer’s hard drive, to assign an identification code to the computer and to collect anonymous browsing information. On this Site, cookies are used in conjunction with session variables to track a User’s shopping cart and expire as soon as an order is completed or if a shopping cart sits idle for a lengthy period without being checked-out.
ImproveIt Home Remodeling does not use Cookies to retrieve Information about Users from a User’s computer unless the User knowingly and willingly provided such Information.
You may set your Internet Web browser to notify you when you receive a cookie or to prevent cookies from being sent. If you prevent a cookie from being sent, you may limit the functionality ImproveIt Home Remodeling can provide you when you visit the Site, especially when purchasing an item on the Site.
USE OF INFORMATION
ImproveIt Home Remodeling uses the Information collected from its Users to:
- Respond to Users’ questions or comments;
- Administer a User’s contest entry or entry in other promotional feature;
- Fulfill a User’s purchase request and notify Users of their order status; and
- Provide Users with important functionality changes to the Site, new ImproveIt Home Remodeling services and special offers we think you will find valuable.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
Unless we have your consent or except as required or permitted by law, ImproveIt Home Remodeling will not sell, share, trade or give away any Information that it collects or receives regarding its Users.
ImproveIt Home Remodeling may disclose information about our Users to others if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of ImproveIt Home Remodeling or others. ImproveIt Home Remodeling may disclose Information to third party in the event that a third party acquires ImproveIt Home Remodeling or its assets. (See, Sale or Acquisition section below.)
LINKED INTERNET WEB SITES
The Site may provide hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to another place within the document, to another document altogether, or may take you to a third party website not controlled by ImproveIt Home Remodeling. These hyperlinked third party websites may collect and disclose Information different than this Site. ImproveIt Home Remodeling is not responsible for the collection, use, or disclosure of information collected through these web sites, and ImproveIt Home Remodeling expressly disclaims any and all liability related to such collection, use, or disclosure.
CHILDREN
The ImproveIt Home Remodeling Site is not directed towards children under 18 years of age and ImproveIt Home Remodeling does not knowingly collect any information from children under 18 years of age through the Site.
SECURITY
ImproveIt Home Remodeling has security measures to protect against the loss, misuse, and alteration of the Information under our control, including credit card information that is submitted to ImproveIt Home Remodeling When Users place orders or access their account information, the Site uses secure server software (SSL), which encrypts all information Users’ input before it is sent to us. Thus, we have taken steps to protect the Information we collect from you from unauthorized access. Unfortunately, no system is perfect; therefore, ImproveIt Home Remodeling makes no representations or warranties with regard to the sufficiency of these security measures. ImproveIt Home Remodeling shall not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a security breach or technical malfunction.
SALE OR ACQUISITION
In the event that another company acquires ImproveIt Home Remodeling or all or part of its assets, we reserve the right to include Information among the assets transferred to the acquiring company.
APPLICABLE LAW/INTERNATIONAL ISSUES
Information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. User, you acknowledge and agree that we may collect and use your Information, as discussed above, outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you have read this Privacy Policy, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use this Site, but if you have already provided us with Information, please contact us and let us know how you would like us to handle such information.
AMENDMENTS TO PRIVACY POLICY
ImproveIt Home Remodeling reserves the right to amend this Privacy Policy periodically.
