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SILVER LINE BUILDING PRODUCTS, LLC/AMERICAN CRAFTSMAN
PREFERRED CONTRACTOR PROGRAM
TERMS AND CONDITIONS
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This agreement sets out the terms and conditions that govern the American Craftsmen Preferred Contractor Program (the “Program”). The Program is sponsored by Silver Line Building Products, LLC and American Craftsman (hereinafter referred to as “American Craftsman”). The most current version of these Terms and Conditions will be available at www.americancraftsmanwindows.com and will supersede all previous versions of these Terms and Conditions. Use of the Program membership card (your “Card”) constitutes acceptance of the following terms and conditions (this “Agreement”) by each member (“Member”):
1. Member Benefits
Shop at your local Home Depot store in the United States (“Participating Stores”) and get:
• 10% off in-stock purchases of American Craftsman windows and patio doors
• 10% off special order purchases of American Craftsman windows and patio doors – also valid on products available through the American Craftsman Quick Ship program
• Additional discounts for large orders
• Priority access to a dedicated customer service representative
• Customized training so you will be confident in selling and installing American Craftsman products.
• The confidence of buying a quality vinyl product manufactured by American Craftsman – an Andersen Company.
Discounts may not be combined with other promotional offers. There are no limits on the volume of discounts on American Craftsman products you may receive using your Program membership in a calendar month or calendar year.
American Craftsman reserves the right to offer targeted promotions to select members based on purchase activity, geographic location, information supplied by members, or other criteria as determined by American Craftsman from time to time in its sole discretion.
2. Membership
You must have and show your Card in order to receive all benefits associated with the Program.
Membership in the Program will be renewed automatically each year, so long as you meet the then-current membership criteria, unless you notify us of your desire to terminate your membership in the Program. Member may choose to opt out of, or terminate his or her membership in the Program at any time by calling 1-866-486-1222 between 8:00 am and 5:00pm EDT, Monday through Friday.
No purchase is necessary to become a Member. Member must be a legal resident of the United States and 18 years of age or older to participate in the Program. Membership in the Program is nontransferable and may only be used by an individual Member for Member’s personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Home Depot personnel may request proper identification with regard to Program transactions. Member benefits will not be applied retroactively to any prior purchases.
Neither American Craftsman nor the Home Depot is responsible for lost or stolen membership cards. Member is be responsible for maintaining accurate and updated personal information with the Program Member Services Department. Dial 1-866-486-1222 between 8:00 am and 5:00pm EDT, Monday through Friday, to talk to a Preferred Contractor Program Customer Service Representative and update your information. American Craftsman is not responsible for benefits that are not received as a result of your failure to update your personal information.
Member agrees the Program and any Member benefits related thereto do not create any property rights in favor of Member.
By becoming a Member of the Program, you agree to receive advertising, marketing materials, and other communications, by email or regular mail, from American Craftsman and its affiliates. Your personal information will be held in accordance with American Craftsman’s Privacy Policy, which can be found at www.americancraftsmanwindows.com/terms.cfm.
3. General Terms and Conditions
• American Craftsman reserves the right to discontinue the membership of any Member who uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued membership will result in the loss of all benefits and privileges. In addition to discontinuance of Program membership, American Craftsman reserves the right, in its discretion, to take administrative and/or legal action, including criminal prosecution, as it deems appropriate and/or necessary.
• Any attempt by any Member to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, American Craftsman reserves the right to seek damages from any such person to the fullest extent permitted by law.
• American Craftsman's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
• All questions or disputes regarding an individual’s eligibility for the Program, the use of any benefits provided under the Program, changes to the Program, or a Member's compliance with these Terms and Conditions will be resolved by American Craftsman in its sole discretion.
4. Modification & Termination
The sponsor of the Program is American Craftsman. American Craftsman reserves the right to modify the Program rules, regulations and benefits at any time. Changes to the Program terms and conditions will be emailed to Members 10 days prior to the effective date. Continued use of your Card constitutes acceptance of any amendment to the Program or changes to these Terms and Conditions. This Program has no predetermined termination date and may continue until such time as American Craftsman determines to terminate the Program. American Craftsman may terminate the Program or the membership of any Member, at any time. Members will be notified by email of termination of the Program or the membership. If Member does not have email, Member will be notified of termination the next time their card is presented at a Home Depot store after the termination date. Upon termination of the Program, Member shall forfeit all member benefits as of the termination date.
5. Governing Law & Arbitration
This Agreement shall be governed by and construed under the substantive laws of the state of Minnesota, without reference to conflict-of-laws considerations. American Craftsman and Member agree that any dispute, claim, or controversy arising from or relating to this Agreement or Member’s Program Membership shall be resolved by binding arbitration conducted in the state of Minnesota. American Craftsman and Member acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. American Craftsman and Member understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Agreement shall be consolidated with any other arbitration.
6. NO WARRANTY
ANDERSEN CORPORATION, SILVER LINE BUILDING PRODUCTS, LLC, AMERICAN CRAFTSMAN, AND THEIR RESPECTIVE PARENT AND AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MEMBERSHIP OR ANY PRODUCTS OR SERVICES RELATED THERETO.
7. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
8. RELEASE OF LIABILITY
MEMBER HEREBY RELEASES ANDERSEN CORPORATION, SILVER LINE BUILDING PRODUCTS, LLC, AMERICAN CRAFTSMAN, AND THEIR PARENT AND AFFILIATED ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF ALL SUCH ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO THE PROGRAM, MEMBER’S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.
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