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WEBSITE USE AGREEMENT
The Organization Organization® LLC (“we” or “us”) is providing these reference services to the subscriber/user ("you") under the terms and conditions of this Website Use Agreement and any amendments to it and any operating rules or policies (collectively, the “Use Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove all or part of the Use Agreement at any time by posting a notice on this Website.
TERMS OF USE AND LEGAL RESTRICTIONS
Ownership
This Website is owned by the Organization Organization® LLC and any of the contents on this Website, such as text, images or audio, are copyrighted and may only be used in the manner as set forth here. The product and company names and logos displayed in the Website may be trademarks, and are the property of their respective owners.
General Use Restriction
You may not use this Website to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful
Disclaimer
While we try to be accurate, we can make no guaranties that everything on this Website is free of any errors or omissions or will always be accessible quickly and easily. We do not control the information on the sites linked to our Website and any reliance on the data obtained through the use of the service should be used with discretion and with your understanding and acceptance of the risk that the data may not be accurate.
We attempt to present comprehensive information for each product. In terms of the information presented on the RoofingMaterialsLibrary.com™ Website, there are times when the Technical Data Sheets are incomplete. In that event, we directly request the missing information from each manufacturer. However, we make no effort to verify the accuracy of the information that is provided to us from each manufacturer. We therefore recommend that it would be prudent for the subscriber/user to the RoofingMaterialsLibrary.com™ Website to verify the information directly with the manufacturer. When manufacturers do not make information available to us, the RoofingMaterialsLibrary.com™ web site displays a blank or an "n/a" in the place where this information would normally be displayed if it were available.
You understand that we do not operate, control or endorse any information, products or services on the Internet in any way, whether or not links to them may be provided on this Website. We do not warrant that this Website will be uninterrupted or error-free or that defects in the service will be corrected. We cannot and do not guarantee or warrant that files available for downloading through the Website or any other Website that we may link to, will be free of infection or viruses, worms, Trojan horses or other software code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own particular requirements for preventing loss of any kind resulting from such infection, viruses, etc.
We will not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to or use or inability to use this site even if we are aware of the risk of such damages. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT .
Limitations of Remedies
OUR LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE PAYMENT ACTUALLY MADE BY YOU TO US FOR THE USE OF THE SERVICE.
Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to you.
Indemnification
You agree to indemnify, defend and hold us harmless, including any of our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of our services, any alleged violation of this Use Agreement, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
PRIVACY
Any communications or information you transmit to this site will be treated in accordance with our Privacy Policy, which is set forth as follows:
Online Privacy Policy
This policy covers how we treat personal information that we collect and receive, including information related to your past use of this site. Personal information is personally identifiable information about you that that is not otherwise publicly available, such as your name, email address or other address, or telephone number.
This policy does not apply to the practices of manufacturers or other companies or to persons that we do not control. manufacturers or others accessed through our links may have their own privacy statements, which can be viewed by clicking on their links.
This Website is not intended for or marketed to persons under the age of thirteen.
General
We collect personal information when you register with us, when you use our services and when you visit our Website pages.
When you register we ask for information such as your name, email address, and zip code.
We may collect information about your transactions with us.
We may automatically receive and record information on our server logs from your browser, including your IP address, our cookie information, and the page you request.
We may use information for the following general purposes: to customize the advertising and content you see, and improve our services.
Information Sharing and Disclosure
We do not rent, sell, or share personal information about you with other people or nonaffiliated companies except under the following circumstances:
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
We transfer information about you if we are acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.
We do not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Cookies
We may set and access our cookies on your computer.
We may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to our cookies.
Confidentiality and Security
We limit access to personal information about you to our employees or contractors who we believe reasonably need to come into contact with that information to do their jobs.
Changes to this Privacy Policy
We may update this policy. We will prominent notice on our site about significant changes in the way we treat personal information
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and constructed exclusively in accordance with the laws of New York, without regard to its conflict of law provisions.
You agree that any legal action or proceeding between us and you for any purpose concerning this Agreement or any of our or your obligations in connection with the use of the Website or our services shall be brought exclusively in a court of competent jurisdiction sitting in New York.
Our failure to insist upon or enforce strict performance of any part of this Agreement shall not be construed as a waiver of the whole of this Agreement
If any part of our terms and conditions is unenforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Entire Agreement
This Use Agreement constitutes the entire agreement between you and us with respect to its subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between you and us. |