A & L Home Improvement is not liable for lost, stolen, or destroyed gifts given to you for participating in the program. Personally identifiable information such as, but not limited to, street address, phone number, email address, and billing method and amount will not be sold or distributed publicly. This information will remain in the hands of A & L Home Improvement and will be used solely for the purpose of contacting you for billing and other promotional efforts. Promotional efforts include, but are not limited to, direct mail pieces, emails, newsletters, and phone calls. All promotional efforts will be created by A & L Home Improvement and/or their co-branded partners and will be used for A & L Home Improvement and/or their co-branded partners promotions only. Identifiable information such as first and last name, city of residence, and any comments made about service and/or products of A & L Home Improvement and/or their co-branded partners, will be used as marketing materials as stated in section 5 of this agreement. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.