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 Licensed Content 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 so referenced, the United States. 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 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.
You grant to COMPANY a perpetual, irrevocable, royalty-free, transferable, worldwide right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, distribute, publicly display and perform, sell and/or otherwise transfer, in whole or in part, Submitted Content and/or incorporate same into any form, medium or technology and to convey such right and license to any third party without compensation to you.
You acknowledge and agree that all Submitted Content may be used or disposed of at COMPANY's sole discretion; that COMPANY has the right to change, condense or delete any content on or accessible through the Site, including any Submitted Content; that COMPANY is subject to no duty of confidentiality with respect to Submitted Content; and that you may not have any capacity, opportunity or recourse to edit, withdraw or delete any Submitted Content. If you provide your email address or other contact information in connection with or include same in any Submitted Content, you agree that COMPANY and its service providers may use same to contact you with regard to such Submitted Content and for other purposes.
You are responsible for your communications and actions undertaken on or through the Site. 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, post, distribute, submit or otherwise publish on or through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s intellectual property, 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 (including any Submitted Content), disclose proprietary or confidential information or otherwise infringe or violate another’s IP 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 used in connection with the Site (“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 solely responsible for your communications and your activities on the Site. Under no circumstances is or will COMPANY be liable in any way for any such communications, your or another’s use of the Site, any Submitted Content 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 your use of the Site, any Submitted Content or any Licensed Content.
Modifications to Site
COMPANY’s Proprietary Rights
Notices & Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement on the Site 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:
Notices of claimed copyright infringement should be directed to:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Legal Department
(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.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
COMPANY makes no representations or warranties about the accuracy or completeness of the Site, Licensed Content or information therein. COMPANY does not target, and the Site is not intended for use by minors. COMPANY will not contact minors 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 minors may view through the Site or linked sites, some of which may be inappropriate for minors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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 OR 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR 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 THE SITE, 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.
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Should you wish to update your information or no longer receive communications from COMPANY, please contact COMPANY at DataProtection@rpminc.com.
Provisions Specific to Users in the United States
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@example.com or write us at: Modern Recreational Technologies, LLC, 2220 US HWY 70 SE STE 100, Hickory, NC 28602, Attn: Web Master