LEGAL NOTIFICATIONS regarding www.andersonfloors.com website and contents
© 2010 Anderson Hardwood Floors, Inc. All rights reserved. Any use, appropriation, reproduction, or linking to the contents of the subject website without
express written permission is strictly prohibited.
As further used herein, “Anderson” is intended to encompass Anderson Hardwood Floors,
Inc, and any other related entities.
Reservation of Rights
ANDERSON hereby reserves fully and completely any and every
possible kind of Intellectual Property rights applicable to the content within, provided by, or
referred to in the subject website, or linked proprietary sites re names, trademarks, service marks, copyrights, patents, and trade secret information,
including as available both nationally and internationally, including as based on, but not limited to, the Lanham Act, the Patent Act, the Copyright Act,
the Digital Millennium Copyright Act, the Paris Convention, the Pan-American Conventions, the Madrid Protocol, and the Berne Convention. Any use,
appropriation, reproduction, or linking to ANDERSON Intellectual Property rights applicable to the content within, provided by, or referred to in the subject
website, or linked proprietary sites, without express written permission is strictly prohibited.
Misappropriations and Infringements
Any misappropriations and/or infringements of any ANDERSON Intellectual Property rights
will be pursued to the fullest extent available under the law, potentially including
but not limited to, any damages sustained by ANDERSON, the cost of any civil action,
trebling of all actual damages, and award of attorney's fees (15 U.S.C. § 1117), and
issuance of preliminary and permanent injunctions (15 U.S.C. § 1116).
False Designations of Origin and False Descriptions Forbidden
Pursuant to 15 U.S.C. § 1125, ANDERSON reserves all rights by which false designations
of origin and false descriptions are forbidden; specifically, (1) Any person who, on or
in connection with any goods or services, or any container for goods, uses in commerce
any word, term, name, symbol, or device, or any combination thereof, or any false
designation of origin, false or misleading description of fact, or false or misleading
representation of fact, which— (A) is likely to cause confusion, or to cause mistake,
or to deceive as to the affiliation, connection, or association of such person with \
ANDERSON, or as to the origin, sponsorship, or approval of his or her goods, services,
or commercial activities by ANDERSON, or (B) in commercial advertising or promotion,
misrepresents the nature, characteristics, qualities, or geographic origin of his or
her or ANDERSON’s goods, services, or commercial activities, shall be liable, as
appropriate under the law, by such act in a civil action by ANDERSON.
Standard Disclaimer for External Links
Any external links provided are as a convenience only and for informational purposes
only; they do not constitute an endorsement or an approval by ANDERSON of any of the
products, services or opinions of the corporation or organization or individual.
ANDERSON bears no responsibility for the accuracy, legality or content of the external
site or for that of subsequent links. Contact any external site for answers to
questions regarding its content.
Privacy and Publicity Rights
Privacy and publicity rights reflect separate and distinct interests from copyright
interests. In addition to consideration of copyright interests, anyone desiring to use
materials from this website bear the responsibility of making individualized
determinations as to whether privacy and publicity rights are implicated by the nature
of the materials and how they use such materials.
While copyright protects the copyright holder's property rights in the work or
intellectual creation, privacy and publicity rights protect the interests of the
person(s) who may be the subject(s) of the work or intellectual creation. Distinctions
among privacy rights, publicity rights, and copyright may be illustrated by example:
An advertiser wishes to use a photograph for a print advertisement. The advertiser
approaches the photographer, who holds the copyright in the photograph, and negotiates
a license to use the photograph. The advertiser also is required to determine the relationship between the photographer and the subject of the photograph.
If no formal relationship (e.g., a release form signed by the subject) exists that permits the photographer to license the use of the photograph for all
uses or otherwise waives the subject's, sitter's or model's rights, then the advertiser must seek permission from the subject of the photograph because
the subject has retained both privacy and publicity rights in the use of their likeness. The publicity right of the subject is that their image may not
be commercially exploited without his/her consent and potentially compensation.
While copyright is a federally protected right under the United States Copyright Act,
with statutorily described fair use defenses against charges of copyright infringement,
neither privacy nor publicity rights are the subject of federal law. Note also that
while fair use is a defense to copyright infringement, fair use is not a defense to
claims of violation of privacy or publicity rights. Privacy and publicity rights are
the subject of state laws. What may be permitted in one state may not be permitted in
another. Note also that related causes of action may be pursued under the federal
Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person's
identity in order to create a false endorsement.
User Privacy and Cookies
The ANDERSON site may use software programs to create statistics that are used for
assessing what information is most or least accessed by users, determining optimal
technical design specifications, and identifying system performance issues. To assist
such processes, ANDERSON may collect and/or store the following information:
In addition, such information may be used in the course of enforcing any of ANDERSON’s
Intellectual Property rights, as otherwise referenced herein.