Terms And Conditions - Roof Coatings & Sealants

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

A. INTRODUCTION: THIS WEB SITE (THE “SITE” OR “Site”) IS PROVIDED BY POLYGLASS S.p.A. AND ITS SUBSIDIARIES AND AFFILIATES WORLDWIDE (COLLECTIVELY “POLYGLASS”, “WE”, “US” OR “OUR”) FOR INFORMATIONAL PURPOSES ONLY. POLYGLASS’ WORLDWIDE HEADQUARTERS IS LOCATED IN MILAN, ITALY. BY USING THE SITE, OR BY DOWNLOADING MATERIALS FROM THIS SITE, YOU AGREE TO ABIDE AND BE FULLY BOUND BY THE TERMS AND CONDITIONS CONTAINED BELOW AND ELSEWHERE WITHIN THE SITE (“TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO ABIDE BY AND BE FULLY BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THE SITE.

B. LINKS TO OTHER MATERIALS: As a convenience to you, POLYGLASS may provide on this Site links or conduits to web sites, web pages or other internet or web-based locations (the “linked sites”) that are independently operated by other entities. The linked sites are not under the control, management or supervision of POLYGLASS. Therefore, POLYGLASS is not responsible or liable to you or any third party in any way for the content of any linked site or any link or conduit contained in a linked site. POLYGLASS reserves the right to terminate any link or linking program at any time without notice. POLYGLASS does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and it is your total responsibility to take all protective measures to guard against viruses or other destructive elements and make whatever investigation you think necessary or appropriate before proceeding with any online or offline transaction with any third parties.

C. PRIVACY: We respect your privacy. POLYGLASS’ Privacy Statement is incorporated into and forms a part of these Terms and Conditions and is part of our agreement with you. Please read it carefully since it describes, among other things, how we collect and use information obtained when you use our Sites. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information, and you agree to keep it up to date.

D. SUBMISSIONS: POLYGLASS does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to POLYGLASS by you will NOT be deemed confidential or proprietary. If you send POLYGLASS any information or material, you grant POLYGLASS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit or distribute those materials or information, and you also agree that POLYGLASS is free to use any ideas, comments, suggestions, concepts, know-how or techniques that you send us for any purpose, but we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You agree not to provide any material or information to POLYGLASS that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the proprietary or confidential information of another, and you further agree that POLYGLASS may disclose your user information to law enforcement authorities or as a result of a subpoena.

E. APPLICABLE LAWS: Our Site is based in the United States of America (“U.S.A.”). If you access this Site from outside the U.S.A., you do so on your own initiative, at your own risk, and accept total responsibility for your conduct. These Terms and Conditions of use shall be governed, construed and enforced according to the laws of the State of Florida, U.S.A., without giving effect to: (i) Florida’s conflict of laws provisions; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating to these Terms and Conditions or your use of this Site shall be in state or federal court located in Broward County, Florida, U.S.A., and you further agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action and expressly waive any objection to that venue. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S.A. export restrictions that relate to your use or activities on this Site. To the fullest extent permitted by law, the controlling language, at all times, for these Terms and Conditions is English.

F. COMPLIANCE WITH EXPORT CONTROL LAWS: All transactions shall, at all times, be subject to and conditioned upon compliance with all applicable export control laws and regulations, and any amendments thereof, of the U.S.A. and user’s country of residence or business operation. User hereby agrees that it shall not, except if those laws and regulations may expressly permit, make any disposition by way of transshipment, re-export, diversion or otherwise, of technical information (including, but not limited to, technical data and software) made available on or through any web site, or the direct product thereof, other than as permitted by applicable export control laws and regulations.

G. POLYGLASS INTELLECTUAL PROPERTY RIGHTS: All trademarks, logos, service marks, trade names, patents, copyrights, and other intellectual property and proprietary rights obtained in this Site are owned by POLYGLASS or other third parties, and may not be used, copied or imitated, in whole or in part, without the intellectual property owner’s prior written consent which may be withheld. Permission is granted to you to electronically copy and print hard copy portions of this Site for the sole purpose of using the Site as an informational or procurement resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this Site is strictly prohibited.

H. POLYGLASS PRODUCTS: All POLYGLASS products described in this Site are subject to availability and price increases. In addition, our products may be modified, discontinued or withdrawn at any time without notice. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.

I. REGISTRATION: Our Site may allow you to register and create an account in order to access certain content on our Site. As part of the registration process, you will choose a user name and password. In addition, when you register, you may be automatically subscribed to receive certain email notifications and content from us (“Automatic Communications”), or we may give you the option to select and receive certain email notifications and content from us (“Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. You are responsible for maintaining the confidentiality of any user name or password you are required to create. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name and password, or your authorization of anyone else to use your user name or password, and you will defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.

J. INDEMNIFICATION: YOU WILL PROMPTLY DEFEND (WITH LEGAL COUNSEL SELECTED BY POLYGLASS) AND HOLD HARMLESS THE INDEMNIFIED PARTIES (DEFINED IN SECTION L BELOW) AGAINST AND FROM ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, CAUSES OF ACTION, SUITS, INVESTIGATIONS, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY AND PARALEGAL FEES AND COURT COSTS AT ALL JUDICIAL LEVELS)(COLLECTIVELY, “CLAIM”) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY BREACH OR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM ARISING OUT OF UNAUTHORIZED LINKS TO/FROM OUR SITE. YOU SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE INDEMNIFIED PARTIES, SETTLE OR COMPROMISE ANY CLAIM, OR PERMIT A DEFAULT OR CONSENT TO THE ENTRY OF ANY JUDGMENT IN RESPECT THEREOF, UNLESS SUCH SETTLEMENT, COMPROMISE, OR CONSENT INCLUDES, AS AN UNCONDITIONAL TERM THEREOF, THE GIVING BY THE CLAIMANT TO THE INDEMNIFIED PARTIES AN UNCONDITIONAL RELEASE FROM ALL LIABILITY IN RESPECT OF SUCH CLAIM. THE INDEMNIFIED PARTIES HAVE THE RIGHT, TO ASSUME EXCLUSIVE DEFENSE AGAINST ANY CLAIM AND ALL NEGOTIATIONS FOR SETTLEMENT AND YOU AGREE, UPON REQUEST, TO COOPERATE WITH THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM.

K. DISCLAIMER: POLYGLASS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE OR ANY LINKED SITE. POLYGLASS ASSUMES NO LIABILITY OR RESPONSIBILITY REGARDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. POLYGLASS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. POLYGLASS MAY MAKE ANY OTHER CHANGES TO THIS SITE AND THE INFORMATION CONTAINED IN THIS SITE AT ANY TIME WITHOUT NOTICE. POLYGLASS, BY REFERENCING OR FURNISHING INFORMATION ON THIS SITE, DOES NOT GRANT ANY LICENSES OR RIGHTS OF ANY KIND TO ANY PATENTS, TRADEMARKS, COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS, EXCEPT AS EXPLICITLY SET FORTH HEREIN. ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED BY POLYGLASS ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT ARE ALL EXCLUDED.

L. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL POLYGLASS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (STARTING WITH THE TERM “POLYGLASS” COLLECTIVELY, THE “INDEMNIFIED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR LOSS OF INFORMATION, PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE IN CONNECTION WITH OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED SITE, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE MATERIALS, THIS SITE OR ANY LINKED SITE, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE DEFENDING PARTY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL SUCH PARTY’S TOTAL LIABILITY TO YOU EXCEED IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO POLYGLASS FOR YOUR USE OF THE SITE. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS CONTAINED IN THIS SITE MAY NOT APPLY TO YOU.

M. MISCELLANEOUS PROVISIONS: These Terms and Conditions are the entire agreement you have with POLYGLASS regarding our Site, content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. POLYGLASS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted. Your use of the Site after any changes are posted will be considered acceptance of those changes and your agreement to be fully bound by any such revisions. If any part of these Terms and Conditions is held to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of that part shall not affect the validity of the remaining parts which shall remain in full force and effect. Headings are purely for reference and shall not affect the meaning of any term or condition. If we fail to insist upon or enforce strict performance of any provision or right under these Terms and Conditions, it will not be construed as a waiver of any provision or right; rather, the same will remain in full force and effect. This Site is available only to individuals over the age of legal majority in their respective country of residence or business operation. You agree that POLYGLASS may terminate or suspend your use of the Site at any time and for any or no reason in its sole discretion, and without any liability to you or any third party, even if access and use continues to be allowed to others. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to these Terms and Conditions, including the Privacy Statement, Site, and content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by or through you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). These Terms and Conditions replace all previous notices or statements with respect to the same subject. These Terms and Conditions are effective September 2011.