CERTAINTEED CONNECT™ TERMS OF USE
  1. Acceptance of Terms.  The CertainTeed ConnectÔ web site (the “Site”) is owned and operated by CertainTeed Gypsum, Inc., a corporation located at 4300 W. Cypress Street, Suite 500, Tampa, FL 33607 (the "Company"). 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 part of these Terms of Use, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM IT.

 

  1. Access and Use of Information. 

 

(a) 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 purpose is strictly prohibited.

 

(b) Company may, in its sole discretion, with or without notice to you, temporarily or permanently suspend your access to this Site.

 

(c) You agree to supply Company with all information requested by Company concerning you and your use of this Site, which is reasonably deemed by Company to be necessary to comply with any applicable law or regulation, and you understand and acknowledge that Company may report such information to regulatory authorities as Company determines in its sole discretion to be necessary or advisable.

 

(d) You acknowledge and agree that Company, upon approval, will provide a unique passcode (each a “Passcode”) enabling you to access this Site.  Unless other arrangements have been made between you and Company, after your initial Passcode is issued, Company shall not mail or send by facsimile any invoice to you issued by Company or its CertainTeed Gypsum affiliates.  You acknowledge that it is, and will be, your responsibility to timely retrieve invoices from this Site in lieu of receiving an invoice by mail or facsimile from Company or its CertainTeed Gypsum affiliates.  All invoices retrieved electronically shall be due and payable according to their terms and in no event shall any delay in accessing this Site or retrieving an invoice from this Site constitute a valid delay in the prompt payment of an invoice. 

 

(e) You agree to protect the proprietary rights of Company in this Site, and you shall honor and comply with reasonable requests made by Company to protect Company's contractual, statutory and common law rights in this Site.

 

  1. 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"). Any and all Passcodes provided to you for access to this Site shall be deemed Confidential Information.  By accessing this Confidential Information, you agree to keep this information confidential and to use the information solely for the purposes intended by this Site. You also agree to be careful with the Confidential Information 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 this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Confidential Information that you receive.

 

  1. Third Party Statements on the Site.  Users or other third parties may post statements or information on some portions of the Site from time to time. The Company may, but is 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. 

 

  1. 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 of such third party sites and therefore advises you that your access to and use of any such sites is at your own risk.

 

  1. Links 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.

 

 

  1. 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 material so long as each copy (i) is solely for informational use or for permitted commercial 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.

 

  1. Submission of Information.  Any feedback or other information collected from users or customers of the Site, such as comments, suggestions, or the like, shall be deemed to be non-confidential and the Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, producing and marketing products incorporating such information.

 

 

  1. 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.

 

 

  1. Disclaimer of Warranty. THE SITE IS PROVIDED BY THE COMPANY 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, CONTENT, 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.

 

THE COMPANY FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS 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 ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT WITH REPRESENTATIVES 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.

 

  1. 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 AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER THE COMPANY HAS BEEN NOTIFIED OF SUCH DAMAGES.

 

  1. Indemnification.  To the full extent permissible by applicable law, you agree to indemnify, defend, and hold harmless Company and its affiliates, and its and their directors, officers, employees and agents from and against any and all losses, liabilities, judgments, suits, causes of action, proceedings, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees) resulting from or arising out of the use of this Site or any breach of these Terms of Use by you and your employees, agents or representatives.  This section shall survive any termination or expiration of this agreement.

 

  1. Severability.  Any provision of this agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability (but shall be enforced to the maximum extent permissible) without invalidating the remaining provisions of this agreement, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction.

 

  1. Applicable Law. This Site is intended for use in the United States of America and Canada, 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 or Canada do so at their own risk and are responsible for compliance with applicable U.S. or Canadian export and local country laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. 

 

15. 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. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.