TERMS AND CONDITIONS OF USE
Clopay Building Products Company, Inc. (“CBPC”) requires that each visitor (the “User”) to its site on the World Wide Web, having a home address of www.clopaydoor.com or www.clopaycommercial.com (the “Sites”) adhere to the following terms and conditions of use. By accessing this Site, the User acknowledges his, her or its acceptance of and agreement to these terms and conditions, and each amendment made to them from time to time by CBPC. No access to any proprietary drawings, specifications, modeling programs or other resources developed by or for the benefit of CBPC will be granted without the User’s affirmative acceptance of these terms.
PERMISSION TO USE
All Users are invited to display the information, content or advertisements (the “Materials”) contained on this Site on a single monitor of a computer accessing this Site over the Internet. Users, such as architects, contracting authorities and commercial contractors, who intend on specifying or incorporating CBPC’s commercial door products into bids or contracts for a commercial project (Authorized Users) are hereby granted permission to download and use the Materials, including any drawings and specifications for CBPC’s products (Drawings and Specifications) available from this Site, solely for such specific commercial purposes. Authorized Users are further permitted to use any Building Information Modeling (BIM) resources available on the Sites. These Materials and BIM resources are proprietary to CBPC and the use of any of these proprietary resources accessed through the Sites are subject to the Licensing terms set forth below.
All Authorized Users are hereby granted a limited special purpose revocable license to use CBPC’s Materials, BIM programs and such other proprietary resources as CBPC may offer through the Sites (the Licensed Property). Any use of the Licensed Property for any purpose other than the limited purpose of developing drawings and specifications for the application of CBPC’s products is strictly prohibited, and such unauthorized usage shall operate to immediately terminate this license. In accessing the Licensed Property, the User acknowledges and agrees that there is no adequate financial remedy for the unauthorized use of the Licensed Property, such that any unauthorized use of the Licensed Property also will be subject to injunctive relief.
Without the express written consent from CBPC, all Users, which are not Authorized Users, are not permitted to copy (other than for displaying on a single monitor of a computer accessing this Site over the Internet), download, modify, distribute, transmit, publish, create derivative works from, print or sell any Licensed Property for any reason or for any purpose. User acknowledges that any reliance upon the Licensed Property shall be at User’s risk, except as otherwise required by law. CBPC reserves the right, in its 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.
Although CBPC believes the Drawings and Specifications available on this Site are accurate, CBPC does not warrant or endorse the accuracy or reliability of those Drawings and Specifications or other Materials contained on, distributed through or linked to or downloaded or accessed from this Site, nor does CBPC warrant or endorse the quality or performance of any BIM or 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. CBPC further does not warrant the Drawings and Specifications available from this Site with respect to compliance with any applicable safety or building codes, such as wind load requirements, for any particular application or in any particular jurisdiction, without CBPC’s express written agreement. Any purchase by User of any products or services manufactured or supported by CBPC shall be subject to all of the standard terms and conditions set forth in CBPC’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
All of the Materials on this Site, including, the Drawings, Specifications and the BIM programs, are protected by applicable copyright laws. The terms set forth in the PERMISSION TO USE, LICENSE and RESTRICTIONS sections above, provide and define a limited license to such copyrights. The trademarks, logos and service marks displayed on this Site, including, but not limited to, CLOPAY®, IDEAL DOOR®, WINDCODE®, and LIFESAFETY™ (collectively, the “Marks”), are the property of CBPC. Users are prohibited from using any Mark for any purpose not specifically allowed by the limited authority granted by these Terms, without the express written consent of CBPC. .
The license granted by these terms will terminate immediately, and without notice from CBPC, if in CBPC’s sole discretion, a User fails to comply with any term or provision of these Terms. Upon termination, the User must immediately destroy all Materials, including any derivative works that are the product of the Materials or the BIM programs obtained from this Site, and must discontinue any further use of the Licensed Property or any derivative works obtained either directly or indirectly from access to the Licensed Property specifically, or through the User’s access to this Site generally.
LINKED INTERNET WEB SITES
CBPC has provided Internet links to other Web sites for User’s convenience. CBPC does not endorse or accept responsibility for any such Web site. CBPC makes no representations about any Web site a User may access through CBPC’s site. Many Web sites linked to this Site are owned and operated independently of CBPC. As a result, CBPC has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. The User acknowledges that access to any other Web sites linked to this Site is at the User’s own risk.
EXCEPT FOR EXPRESS WRITTEN WARRANTIES FOR CBPC’S PRODUCTS DESCRIBED ON THIS SITE, TOGETHER WITH THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS, PROGRAMS 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. CBPC 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, DRAWINGS, SPECIFICATIONS OR PROGRAMS WILL BE ERROR FREE OR UNINTERRRUPTED. CBPC DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS, PROGRAMS 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. CBPC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS, 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 CBPC 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, DRAWINGS, SPECIFICATIONS OR PROGRAMS) ARISING OUT OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY CBPC WITH RESPECT TO THE SITE OR THESE TERMS, EVEN IF CBPC OR ANY PROVIDER OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS 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 THE USER. IN NO EVENT SHALL CBPC’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE OR FOR PURCHASING CBPC’S PRODUCTS.
The User agrees to indemnify and hold CBPC 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 the User’s misuse of the Licensed Property or other violation or breach of these Terms, arising from the User’s violation of any third party’s rights including, but not limited to, copyrights, proprietary and privacy rights, or arising from User’s 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 these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Site and any Materials, Drawings, Specifications or Programs 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. CBPC and User 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 these Terms or relating to the User’s access of this Site, or any Materials, Drawings, Specifications and Programs available on or through this Site.