Mohawk Consumer Products Terms of Use
RPM Wood Finishes Group, Inc. maintains this website located
at http://www.rpmwfg.com/ and
its associated websites, webpages, content and other materials
(collectively the "Site") to provide to you information about
COMPANY, its industry and products. Your access to and
use of the Site is subject to these Terms of Use and our Privacy
Policy found at http://www.mohawkconsumerproducts.com/privacy-policy/ and
all applicable laws. By accessing the Site, you accept,
without limitation or qualification, these Terms of Use and our
Privacy Policy. You should review the most current version of
the Terms of Use and the Privacy Policy often as they may be
modified from time to time and the terms, as modified, will govern
your use of the Site. All changes are effective
immediately when we post them, and apply to all access to and use
of the Site thereafter and your continued use of the Site
after we make changes is deemed to be acceptance of those changes.
Any new features that augment or enhance the Site also will be
subject to these Terms of Use and Privacy Policy.
1. Generally
You are free to browse the Site, to access company periodic
e-newsletters, technical libraries, view product catalog(s), submit
questions, participate in any contests, promotions, surveys or
other services and view any other information contained on the
site. This and all other company-approved material
available on the Site is referred to as "Licensed
Content." You may view and print portions of the
Licensed Content for your own internal use but not for resale or
other commercial exploitation and not for use other than as
provided in these Terms of Use and the Privacy
Policy. Any other use of Licensed Content without
COMPANY's prior written approval is strictly
prohibited.
2. Product
Information
While COMPANY uses commercially reasonable efforts to provide
accurate information, the industries of which COMPANY is a part and
the jurisdictions in which the company operates and the laws and
regulations applicable to those industries and jurisdictions change
frequently. Therefore information contained on the Site
may not be current or accurate. Because many factors go into
the decision-making process of purchasing a given product and
everyone's particular circumstances and needs may differ, the
Licensed Content is provided for informational purposes
only. COMPANY cannot ensure or guarantee and does not
warrant that your product selection will be accurate, meet your
particular needs or requirements or that the recommendations,
regulations or other information provided is complete, accurate or
current for your specific needs (see our disclaimer of warranties
in Section 10 below). Each claim or statement about the
effectiveness of COMPANY products and/or claims or statements
comparing the effectiveness of COMPANY products to that of others
is expressly limited to the country of applicability as
referenced on the site and if no country is referred, the United
States, unless otherwise stated on the Site. If a product or sample
offered by COMPANY through the Site is not as described, your sole
remedy is to return it in its original, unused form and receive
either a replacement of the product you purchased or a refund of
the price you actually paid. Product description and
pricing is subject to correction and change. COMPANY may
refuse or cancel product orders placed at an incorrect price, or
based upon erroneous promotion terms, whether or not the order has
been confirmed. Sales made through the Site, if any, are
governed by COMPANY Standard Terms and Conditions of Sale and/or
Invoice-Terms and Conditions.
3. User Conduct
Obscene or abusive language, harassment, threats, or abuse of
any nature or form on the Site, including via e-mail, post or other
transmission is strictly prohibited. Impersonation of
others or misrepresenting your affiliation with COMPANY or another
is prohibited. You may not upload to, distribute or
otherwise publish through the Site any material that is defamatory,
vulgar, obscene, threatening, libelous, invasive of another's
privacy or publicity rights, hateful, racially or ethnically
objectionable or which may constitute or encourage a criminal
offense, violate any law or another's rights or otherwise give rise
to liability.
You agree not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of anything transmitted
through the Site, disclose proprietary or confidential information
or otherwise infringe another's patent, trademark, trade secret,
copyright or other proprietary right ("Rights"). You may
not upload commercial material to the Site, use the Site to solicit
others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers,
networks, Software, equipment or database connected to the Site,
whether via malicious code, files or other means, or attempts to
disassemble, reverse engineer or decompile any Software, circumvent
security features such as passwords, or take any action that
compromises the privacy or security of the Site, users or other
visitors is strictly prohibited.
You are responsible for your Communications and your activities
on the Site. Under no circumstances is or will COMPANY
be liable in any way for any Communications, your or another's use
of the Site or any Licensed Content, including but not limited to
any errors or omissions in any Licensed Content, or for loss or
damage of any kind incurred as a result of the use of any Licensed
Content via the Site.
4. Indemnity
You agree to indemnify, defend, release and hold COMPANY its
officers, directors, suppliers, service providers, co-branders or
other partners, agents and employees, harmless from all claims,
demands, damages, fees and costs of any nature, including
reasonable fees of attorneys' and other professionals, due to or
arising out of anything you submit or transmit through the Site,
your use of the Site, your connection to the Site, your violation
of these Terms of Use or your violation of any Rights. In the event
you provide resale certificate, tax or other information that is
untrue, inaccurate, fraudulent, or out of date, you agree to
indemnify COMPANY for and hold it harmless from and against any and
all liability, damages, loss or expense (including reasonable fees
of attorneys and other professionals) it may incur, including but
not limited to loss of business profits, taxes, penalties or
sanctions, interest, fees, costs and expenses of any nature arising
from or related to any claim, demand, action or proceeding alleged
or initiated against COMPANY by any third party based upon the
information you provide or your use of the Site.
5. Modifications to
Site
From time to time COMPANY may change the Licensed Content, the
services offered or terminated through the Site or expand the
Site's capability. COMPANY also reserves the right at
any time and from time to time to modify these Terms of Use, the
Privacy Policy, the Site and/or discontinue, temporarily or
permanently, the Site (or any part thereof) with or without
notice. You are responsible for regularly reviewing
these Terms and Conditions and the Privacy Policy. You
agree that COMPANY shall not be liable to you or to any third party
for any such action.
6. Termination
COMPANY, in its sole discretion, may suspend or terminate your
access or use for any reason, but especially if COMPANY believes
that you have violated or acted inconsistently with the letter or
spirit of these Terms of Use. COMPANY may also in its
sole discretion and at any time discontinue providing the Site, or
any part thereof, with or without notice, or remove or refuse to
post any user contribution for any or no reason in our sole
discretion. You agree that any suspension or termination
may be effected without prior notice, and acknowledge and agree
that COMPANY may immediately bar further access to the
Site. COMPANY shall not be liable to you or any third
party for any suspension or termination of your access to or use of
the Site. Without limiting the foregoing, COMPANY has the
right to fully cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
other information of anyone posting any materials on or through the
Site. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES,
LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
COMPANY OR LAW ENFORCEMENT AUTHORITIES.
7. Links
This Site may contain links to other internet websites or
resources. When you link to those sites, you leave this
Site. COMPANY has no control over such sites, their content and
resources or the business practices or policies of operators of
such sites. COMPANY's privacy terms do not apply to the
practices of any companies or individuals operating the linked
sites. Therefore, please use caution and review the
privacy policies of any sites that you visit to learn more about
their information-gathering practices. COMPANY expressly
disclaims all responsibility or liability for the availability or
accuracy of such external sites or resources or the content
thereon, does not endorse and is not responsible or liable for any
advertising, products or other materials on or available from such
sites or resources. The inclusion of any link on the Site does
not imply that COMPANY endorses the linked site. Your
use of the links is at your own risk. You further
acknowledge and agree that COMPANY shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with your use of or
reliance on any goods, services or materials available on or
through any such link, site or resource.
8. COMPANY's
Proprietary Rights
Everything you see or read on the Site, including the
collection, compilation, assembly and arrangement of Licensed
Content, is protected by all United States and international
copyright laws, and may not be used except as provided in these
Terms of Use without COMPANY's express written
permission. The Site and any necessary software used in
connection with the Site ("Software"), the collection, compilation,
assembly and arrangement of Licensed Content, all images,
photography, graphics, artwork, text, and other information and
material found on the Site, regardless of source, all Marks and
other intellectual property relating thereto and all information
and data collected through the Site (all of which are included in
and as the "Licensed Content"), is owned by COMPANY or its
suppliers or partners and contains proprietary and confidential
information that is protected by all applicable intellectual
property and other laws. All trademarks, logos, trade names,
trade dress, product and service marks, individually or combined
with one another (collectively the "Marks") and whether or not
registered, are proprietary to COMPANY, their subsidiaries and
affiliates, or other third party owners who have granted COMPANY
the right and license to use its marks ("Third Party
Marks"). You may not use or display the Marks or Third
Party Marks in any manner without the prior written consent of
COMPANY or the respective owner. This includes use in or
as meta tags or any other "hidden text". Other COMPANY
product or service names, logos, graphics, page headers, button
icons and scripts are trademarks or trade dress of COMPANY and
may not be used in connection with any product or service that is
not COMPANY's in any manner, but especially that which is likely to
cause confusion in the marketplace or in any matter that disparages
or discredits COMPANY.
9. Notices and Procedures for Making
Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent
to COMPANY.
COMPANY respects the intellectual property of others, and asks
its users and visitors to do the same. COMPANY will
process and investigate notices of alleged infringement and will
take appropriate actions under applicable intellectual property
laws. Upon receipt of notices complying with applicable
law, COMPANY will act to remove or disable access to any material
found to be infringing or found to be the subject of infringing
activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that
constitutes copyright infringement, please provide all of the
following information:
a. a
physical or electronic signature of the person authorized to act on
behalf of the owner of an exclusive copyright that is allegedly
infringed;
b. a
description of the copyrighted work that you claim has been
infringed;
c. a
description of where the material that you claim is infringing is
located on the Site;
d. your
address, telephone number, and email address and all other
information reasonably sufficient to permit COMPANY to contact
you;
e. a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
f. a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed
to:
By
mail: Mohawk
Finishing Products
P.O.
Box 22000
Hickory,
NC, 28603
Attn: Webmaster
By
fax: (800)
721-1545
By
Email: [email protected]
(Please
include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED
EXCLUSIVELY FOR NOTIFYING COMPANY THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY,
WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF
LIABILITY
COMPANY makes no representations or warranties about the
accuracy or completeness of the Site or Licensed
Content. COMPANY does not target, and the Site is not
intended for use by, children under age 13. COMPANY will
not contact children under age 13 about promotions or for marketing
purposes without a parent's permission nor will it ask for more
personal information than is reasonably necessary to participate in
a given activity. However, it does not filter ads or
other material children may view through the Site or linked sites,
some of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM
FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR
USE OF ALL OR ANY PART OF THE SITE.
(b) COMPANY
MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS,
(ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE,
ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM
USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT
THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY
DELIVERED IN PROPER AMOUNTS.
(c) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(e) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE
PURSUANT TO YOUR PURCHASE OF COMPANY PRODUCTS OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE
LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN
CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE
INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE
SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE
SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT
THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
11. Notice/Opt Out Options
Notices to you may be made via either email or regular
mail. The Site may also provide notices of changes to
these Terms of Use or other matters by displaying notices or links
to notices to you generally on the Site. Notice or other
correspondence to COMPANY should be sent by certified mail, return
receipt requested to:
Mohawk Finishing Products
P.O. Box 22000
Hickory, North Carolina, 28603
Attn: Webmaster
Should you wish to update your information or no longer receive
communications from COMPANY, please contact COMPANY
[email protected].
12. General Information
These Terms of Use and any other agreements, whether or not
referenced herein, constitute the entire agreement between you and
COMPANY with regard to and shall govern your activities and use of
the Site, superseding any prior agreements between you and
COMPANY. You also may be subject to additional terms and
conditions contained in invoices, purchase orders, shipping
manifests, bills of lading or terms and contracts that may apply
when you purchase products or services or use affiliate services,
third party content or third party software. These Terms of Use,
your use of the Site and any other agreement with and the
relationship between you and COMPANY shall be governed by the laws
of North Carolina without regard to choice of law provisions, nor
shall the 1980 United Nations Convention on Contracts for the
International Sale of Goods apply. You and COMPANY agree
to submit to the personal and exclusive jurisdiction of the
pertinent state or federal courts located within North
Carolina. By using this Site, you agree that COMPANY, in
its sole discretion, may require you to submit any disputes arising
from use of this Site, these Terms of Use or the Privacy Policy
concerning or including disputes arising from or concerning the
interpretation, violation, nullity, invalidity, non-performance or
termination, as well as disputes filling gaps in contract or its
newly arisen circumstances, to final and binding arbitration under
the International Rules of Arbitration of the American Arbitration
Association by one arbitrator appointed in accordance with said
Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of the North Carolina and
shall take exclusively in North Carolinaas set forth in this
Section. Any arbitration award initiated under this
clause shall be limited to monetary damages and not equitable
relief. Further, the arbitrator shall have no authority
to award punitive, consequential or other damages not measured by
the prevailing party's actual direct damages in any arbitration
initiated pursuant to this Section except as required by
statute. Notwithstanding the foregoing, COMPANY may seek
equitable relief, including preliminary and permanent injunction,
in any court of competent jurisdiction to prevent or enjoin
misappropriation, misuse, unauthorized disclosure or infringement
of any intellectual property rights. The failure of
COMPANY to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or
provision. If any provision of the Terms of Use or the
Privacy Policy is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Use remain
in full force and effect. You agree that regardless of
any statute or law to the contrary, you must file any claim or
cause of action arising out of or related to your use of the Site,
Terms of Use or the Privacy Policy within one (1) year after such
claim or cause of action arose or be forever barred. The
section titles in the Terms of Use are for convenience only and
have no legal or contractual effect.
13. Violations
Please report any violations of the Terms of Use or the Privacy
Policy to [email protected].
The parties acknowledge that they have required that these Terms
of Use be prepared and provided in English. Les parties
reconnaissent qu'elles ont exige que la presente convention soit
redigee in anglais.
14.
Provisions specific to users in the United States
COMPANY adheres to the Children's Online Privacy Protection Act
(COPPA) on our Site. A child's privacy is important to
us. No one under age 13 may provide any personal information
to or on our Site. We do not knowingly collect personal information
from children under 13. If you are under 13, do not use or provide
any information on the Site or on or through any of the features on
the Site or provide any information about yourself to us, including
your name, address, telephone number, e-mail address or any screen
name or user name you may use. If we learn we have collected
or received personal information from a child under 13 without
verification of parental consent, we will delete that
information. Providing any personal information regarding a
child, including the child's name and age is strictly at the
parent's discretion. At any time a parent can request to
review their personal information and their child's personal
information that they have submitted to us. A parent may also
ask to have it deleted by sending a request to <insert
webmaster email address>. If a visitor to the Site
is under the age of 18, they should read these Terms of Use and
Privacy Policy with their parents for guidance.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the
Site that are California residents to request certain
information regarding our disclosure of personal information to
third parties for their direct marketing purposes. To make such a
request, please send an e-mail to [email protected]
or write us at: Mohawk Finishing Products, 22000 P.O. Box 22000
Hickory, North Carolina, 28603, Attn: Webmaster.