TERMS AND CONDITIONS OF USE
Thank you for visiting the clopayplastics.com website (the “Site”). This document sets forth the terms and conditions that apply to each visitor (“User” or “You”) to the Site.
The effective date of this Terms and Conditions of Use agreement (“Agreement”) is August 1, 2015.
This Site is owned by Clopay Plastic Products Company, Inc. (“CPPC” or “We”). We provide this Site and related services to you subject to your acceptance of and compliance with this Agreement. Please read the Agreement carefully before using the Site and/or services. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this Site.
CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your continued use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.
GENERAL USE AND SITE LICENSE; RESTRICTIONS
All Users are invited to display the information, content or advertisements (the “Materials”) contained on this Site on a single monitor of a computer or on the screen of any other device accessing this Site over the Internet (“Display”).
Users of this Site are not granted any license to any Materials on this Site, beyond the right to Display described above. Copying, downloading, modifying, distributing, transmitting, publishing, creating derivative works from, printing or selling the Materials for any purpose is forbidden without express written consent from CPPC. In accessing the Site, you acknowledge and agree that there is no adequate financial remedy for the unauthorized use of the Site or the Materials, such that any unauthorized use of Site or the Materials will be subject to injunctive relief.
You acknowledge that any reliance upon the Site and the Materials shall be at your risk, except as otherwise required by law. We reserve the right, in our sole discretion, and without any obligation, to correct any error or omission in any Materials on this Site or to change any drawings, specifications, programs or other information without notice.
You acknowledge that your use of the Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason.
Although we believe the Materials available on this Site are accurate, we do not warrant or endorse the accuracy or reliability of those Materials contained on, distributed through or linked to or downloaded or accessed from this Site, nor do we warrant or endorse the quality or performance of any other programs, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. Any purchase by User of any products or services manufactured or supported by us shall be subject to all of the standard terms and conditions set forth in our contract documents in effect at the time of such purchase.
COPYRIGHT & TRADEMARKS
All of the Materials on this Site are protected by applicable copyright laws, and their use is subject to the terms set forth herein. The trademarks, logos and service marks displayed on this Site (collectively, the “Marks”), are the property of CPPC or third parties. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Mark. You agree that you will not take any actions inconsistent with our ownership of the Marks used on this Site.
We have provided links to other websites for your convenience. We do not endorse or accept responsibility for any such site. We make no representations about any site you may access through our Site. Many sites linked to this Site are owned and operated independently of CPPC, and we have no control over the products, materials, services or other information contained in or available through those sites. The quality and reliability of third party sites may vary as they are updated or altered. You acknowledge that access to any other site linked to this Site is at your own risk.
EXCEPT FOR EXPRESS WRITTEN WARRANTIES, CPPC’S PRODUCTS DESCRIBED ON THIS SITE, TOGETHER WITH THE MATERIALS AND OTHER RESOURCES AVAILABLE FROM THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CPPC DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND CBPC DOES NOT WARRANT THAT THE DISSEMINATION OF THE MATERIALS WILL BE ERROR FREE OR UNINTERRRUPTED. CPPC DOES NOT WARRANT THAT THE MATERIALS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. CPPC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CPPC BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM PERFORMANCE, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR ARISING OUT OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY CPPC WITH RESPECT TO THE SITE OR THESE TERMS, EVEN IF CPPC OR ANY PROVIDER OF THE MATERIALS HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL CPPC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR PURCHASING CPPC’S PRODUCTS, UNLESS OTHERWISE SPECIFIED BY ANY RELEVANT TERMS AND CONDITIONS OR AGREEMENTS GOVERNING THE PURCHASE OF THE CPPC PRODUCTS.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or if you have any other dispute or claim with or against CPPC with respect to these terms and conditions or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
You agree to indemnify and hold CPPC and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys’ fees) arising from your misuse of the Materials or the Site or other violation or breach of this Agreement, or arising from your violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of any rights granted under this Agreement.
APPLICABLE LAW; FORUM
This Site is created and maintained by CPPC in the State of Ohio. We make no representation that the Site or any of its content is appropriate or available for use outside the United States of America. You agree that you are solely responsible for compliance with applicable local laws connected with your use of the Site.
Your access to and use of this Site and any Materials available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Ohio and local governmental entities.
You irrevocably consent to the exclusive jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of Ohio in connection with any action arising under or in connection with this Agreement or relating to the your access of this Site, or any Materials available on or through this Site. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arise, and agree that a cause of action filed after this date is barred.
Clopay Plastic Products Co., Inc.
8585 Duke Blvd. .
Mason, OH 45040.