Terms of Use
Acceptance of Terms
The CertainTeed web site (the "Site") is owner and operated by CertainTeed, a Delaware company having an address of 20 Moores Road, Malvern, PA 19355 and all of its North American affiliates, including without limitation CertainTeed Ceilings, CertainTeed Gypsum, Inc. and CertainTeed Canada, Inc. (collectively, the "Company"). By using this Site you acknowledge that each North American affiliated company that is a part of the Company is separate legal entity. In exchange for accessing, browsing and/or using this Site, you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export laws and regulations. If you do not agree with any of these Terms of Use, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM IT.
Access and Use of Information
Access to this Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by the Company at this Site. Any access to or attempt to access other areas of the Company's computer system or other information contained on the system for any purposes are strictly prohibited.
Copyright Notice; Use Restrictions
The information presented on this Site, along with any documents, data files or other materials available for viewing or downloading (including, for example, press releases, product descriptions, customer guides or tips, and FAQs) is the copyrighted work of the Company and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. The Company grants you permission to copy any such information or materials so long as each copy (i) is solely for informational use or for permitted uses in support of the Company's products or business interests and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the materials are used solely with permission of the Company. You also may not, without the Company's permission, "mirror" or "frame in" any material contained on this Site on any other server.
Except as expressly granted in this section (or to you specifically in writing), the Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
User Contributions
This Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through this Site. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to this Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant the Company and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose without limitation. Further, the Company shall be free to use any ideas, concepts, know-how or techniques contained in such User Contributions for any purpose whatsoever including but not limited to developing, producing, and marketing products incorporating such User Contributions.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any users of the Site.
Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicitly or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve contests, sweepstakes and other sales promotions, barter or advertising by the user except as may be authorized in writing by the Company.
Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
The Company has the right to:
Remove or refuse to post any User Contribution for any or no reason in the Company's sole discretion.
Take any action with respect to any User Contribution that the Company deems necessary or appropriate in its sole discretion, including if the Company believes that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Site or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by your violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized user of this Site.
Terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through this Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS ARISING FROM OR RELATING TO ANY INVESTIGATIONS, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN AS A RESULT OF ANY INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, the Company cannot and does not review all materials before it is posted on the Site, and cannot ensure prompt removal or objectionable material after it has been posted. Accordingly, he Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. The Company has no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Confidentiality
The company may designate certain portions of this Site for the exclusive use of certain parties with whom the Company does business (such as distributors, dealers or contractors). Those areas of the Site which you access by using a password or other security means contain proprietary and confidential information on the Company and its suppliers, including product specifications, engineering documents, manuals, and other technical and marketing information ("Confidential Information"). By accessing this Confidential Information, you agree to keep this information confidential and to use this information solely for the purposes intended by this Site. You also agree to safeguard the Confidential Information (using no less than a reasonable degree or care) and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms. You agree that you will not alter, decompile, disassemble, reverse engineer, or modify any Confidential Information that you receive.
Trademarks and Service Marks
All product or service names used on the Site are trademarks of the Company unless otherwise indicated. The Company's trademarks may be used by third parties only with the prior written consent of the Company and with proper acknowledgement.
Third Party Statements on the Site
Users or third parties may post statements or information on some portions of the Site from time to time. The Company may, but it not obligated to, monitor or review any such statements or information. The Company makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. The Company expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.
Links to Third Party Web Sites
This Site may contain links to web sites maintained by other companies, individuals or agencies as a convenience to users. These linked sites are not under the control of the Company, and the Company is not responsible for the accuracy of information on such sites. The Company does not monitor or review the content on such third party sites and therefore advises you that your access to and use of any such sites is at your own risk.
Link to the Company's Web Sites
Any party seeking to publish any link to this web site on another web site should notify the Company in advance of any such link.
Color and Appearance Disclaimer
The images on our website can be used to assist in your purchasing decision, but should not be relied on as the sole reference point. Due to variation in computer monitors, mobile devices, and printers, the images shown may not exactly replicate the corresponding color, texture, or appearance. To verify actual product color, texture, or appearance ask to see the actual product, available through a CertainTeed contractor or distributor.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of your use of this Site, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of your use of any information obtained from this Site.
Disclaimer of Warranty
THE SITE IS PROVIDED BY THE COMPAY ON AN "AS IS" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTNET, MATERIALS, AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICIULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.
THE COMPANY FURTHER DOES NOT WARRANT THE ACCURARCY AND COMPLETELESS OF THE MATERIALS OR SERVICES AT THIS SITE. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THEM. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS, OR SERVICES THAT AER NOT AVAILABLE IN YOUR COUNTRY. CONSULT WITH A REPRESENTATIVE OF THE COMPANY IN YOUR AREA REGARDING THE PRODUCTS, PROGRAMS, AND SERVICES THAT MAY BE AVAILABLE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER THE COMPANY HAS BEEN NOTIFIED OF SUCH DAMAGES.
Applicable Law
This Site originates from and is maintained in the United States of America, and the Company makes no representations regarding the legality of access to or use of the Site or the materials from other countries. Access in countries where the materials are illegal is prohibited. Users who access the Site from outside the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. These terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflict of laws.
Revisions
The Company may revise or withdraw content on this Site, in whole or in part, at any time without notice. The Company may modify or amend its Terms of Use at any time by updating this posting. Your continued use of this Site following the posting of modified or amended Terms of Use means that you accept and agree to the modifications or amendment, as applicable. You are expected to check this page so you are aware of any changes, as they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this site.