Terms of Use | Tremco CPG

Website Terms of Use

("COMPANY") maintains this website located at www.rpminc.com and its associated websites, web pages, content and other materials to which these Website Terms of Use are linked (collectively the "Site") to provide users (also, "you") with information about the COMPANY, its industry and its products. Your access to and use of the Site is subject to these Website Terms of Use, our Privacy Policy, available at https://www.rpminc.com/privacy-policy, and all applicable laws. By accessing the Website, you accept, without limitation or qualification, these Website Terms of Use and our Privacy Policy. You should review the most current version of the Website Terms of Use and Privacy Policy, as they may be amended from time to time and the terms, as amended, will govern your use of the Site. All changes are effective immediately upon posting by us and apply to all access and use of the Site thereafter and your continued use of the Site after we have made changes is deemed acceptance of those changes. Any new features that augment or enhance the Site will also be subject to these Terms of Use and the Website Privacy Policy.

Generally

You are free to browse the Site, access periodic electronic newsletters from the Company, technical libraries, view the product catalogue(s), submit questions, participate in contests, promotions, surveys or other services and view any other information contained on the Site. This document and all other COMPANY-approved documents available on the Site are referred to as "Licensed Material". You may display and print portions of the Licensed Material for your own internal use, but not for resale or other commercial exploitation and not for any use other than as provided in these Website Terms of Use and the Privacy Policy. Any other use of the Licensed Material without the prior written approval of the COMPANY is strictly prohibited.

Product Information

Although the COMPANY uses commercially reasonable efforts to provide accurate information, the industries to which the COMPANY belongs and the jurisdictions in which the Company operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Consequently, the information contained on the Site may not be up to date or accurate. Because many factors are involved in making a decision to purchase a particular product and because individual circumstances and needs may differ, the Licensed Material is provided for informational purposes only. The COMPANY cannot and does not guarantee or warrant that the Licensed Material will be accurate, meet your particular needs or requirements, or that the recommendations, regulations or other information provided are complete, accurate or current for your particular purposes (see our warranty disclaimer in Section 10 below). Each claim or statement regarding the efficacy of the COMPANY's products and/or claims or statements comparing the efficacy of the COMPANY's products to that of others is expressly limited to the country of applicability as referenced on the Site and, if no country is referenced, to the United States. If a product or sample offered by the COMPANY via the Site does not conform to the description, 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. The product description and price are subject to correction and change. The COMPANY may refuse or cancel orders for products placed at an incorrect price, or on the basis of incorrect promotional terms, whether or not the order has been confirmed. Sales made via the Site, where applicable, are governed by the COMPANY's standard Terms and Conditions of Sale and/or General Terms and Conditions of Invoicing.

Submitted content

If you choose to upload, post, distribute, submit or otherwise publish any content on or through the Site ("Submitted Content"), you represent and warrant that you are the sole and exclusive author and owner of such Submitted Content and of all copyright, patent, trademark, trade secret, right of publicity, right of privacy and other proprietary rights (collectively, "IP Rights") and waive any "moral rights" you may have in such Submitted Content; that all Submitted Content is accurate; that neither the Submitted Content nor its use will violate these Website Terms of Use, the COMPANY's Privacy Policy or any applicable laws or regulations; and that you are an adult (i.e., a "legal adult").-i.e. at least the age of majority in your jurisdiction and therefore not a "minor"). For the avoidance of doubt, you specifically agree that any Content submitted will not : be false, inaccurate, incomplete or misleading; infringe, misappropriate or otherwise violate the IP Rights of any third party; violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) ; be defamatory, crashed, hateful, offensive to others based on race, religion, ethnicity, gender, identification or sexual orientation, or unlawfully threaten or harass any person or other party; have ever been sold, transferred, licensed or otherwise transmitted, in whole or in part, to or by you to any third party for monetary or other purposes; or contain any malicious code, computer virus, malicious software or other computer program or file designed to damage, destroy or freeze other computer software, hardware or data or expose it to attack, destruction or deactivation.

You grant the 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, the Submitted Content and/or incorporate it into any form, media or technology and to transfer such right and license to any third party without compensation to you.

You acknowledge and agree that all Submitted Content may be used or discarded at the sole discretion of the COMPANY; that the COMPANY has the right to edit, condense or delete any content on or accessible through the Site, including any Submitted Content; that the COMPANY is under no obligation of confidentiality with respect to any Submitted Content; and that you may have no ability, opportunity or recourse to edit, remove or delete any Submitted Content. If you provide your e-mail address or other contact information in connection with or include it in any Submitted Content, you agree that the COMPANY and its service providers may use it to contact you regarding such Submitted Content and for other purposes.

User conduct

You are responsible for your communications and actions undertaken on or through the Site. Obscene or abusive language, harassment, threats or abuse of any kind or form on the Site, including by e-mail, mail or other transmission, is strictly prohibited. Impersonation of others or misrepresentation of your affiliation with the COMPANY or any other person 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 that could constitute or encourage a criminal offence, violate any law or the rights of others 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 Content submitted), disclose proprietary or confidential information, or infringe or otherwise violate the IP Rights of others. You may not upload commercial materials on 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 databases connected to the Site, whether through malicious code, files or other means, or any attempt to disassemble, reverse engineer or decompile any Software, to circumvent security features such as passwords, or to take any action which compromises the privacy or security of the Site, users or other visitors is strictly prohibited.

You are solely responsible for your communications and activities on the Site. Under no circumstances will the COMPANY be liable in any way for any such communications, for your or any other person's use of the Site, any Submitted Content or any Licensed Content, including, without limitation, for any errors or omissions in any Licensed Content, or for any loss or damage of any kind incurred as a result of your use of the Site, any Submitted Content or any Licensed Content.

Indemnity

You agree to indemnify, defend, release and hold the COMPANY, its officers, directors, suppliers, service providers, co-marketers or other partners, agents and employees, harmless from and against any and all claims, demands, damages, costs and expenses of any nature whatsoever, including reasonable attorneys' and other professional fees, by reason of or arising out of anything you submit or transmit through the Site, including without limitation any Submitted Content, your use of the Site, your connection to the Site, your violation of these Website Terms of Use, any other party's IP Rights or any law or regulation or your negligence, willful misconduct or tort. If you provide any resale certificate, tax or other information that is false, inaccurate, fraudulent, or out of date, you agree to indemnify the COMPANY and hold it harmless from any liability, damages, loss or expense (including reasonable attorneys' and other professional fees) it may incur, including, but not limited to, loss of business profits, taxes, sanctions or penalties, interest, fees, costs and expenses of any kind arising out of or in connection with any claim, demand, action or proceeding alleged or brought against the COMPANY by any third party based on information you provide or your use of the Site.

Changes to the Site

From time to time, the COMPANY may make changes to the Licensed Content, the services offered or terminated through the Site or expand the capabilities of the Site. The COMPANY also reserves the right, at any time and from time to time, to modify these Website Terms of Use, the Privacy Policy, the Site and/or to discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You are responsible for regularly reviewing these Website Terms of Use and the Privacy Policy. You agree that the COMPANY shall not be liable to you or to any third party for any such action.

Termination

The COMPANY, in its sole discretion, may suspend or terminate your access to or use of the Website, for any reason or no reason, including if the COMPANY believes that you have violated or acted inconsistently with the letter or spirit of these Website Terms of Use. The COMPANY, in its sole discretion and at any time, may also discontinue providing the Website, or any part thereof, with or without notice, or remove or refuse to post any Submitted Content or other user input, for any reason or no reason. You acknowledge and agree that any suspension or termination may be effected without prior notice and that the COMPANY may immediately bar any further access to the Site. The COMPANY shall not be liable to you or to any third party for any suspension or termination of your access to or use of the Site. Without limiting the foregoing, the COMPANY shall have the right to cooperate fully with any law enforcement authorities or court order requesting or directing the COMPANY to disclose the identity or other information of anyone accessing or posting materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND ANY ACTION TAKEN AS A RESULT OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Links

This Site may contain links to other websites or resources. When you click on or follow a link to such sites, you leave this Site. The COMPANY has no control over such sites, their content or resources, or the business practices or policies of the operators of such sites. Neither these Website Terms of Use nor the COMPANY's Privacy Policy apply to the practices of any company or person operating linked sites. Therefore, please exercise caution and look at the terms of service and privacy policies of any sites you visit to learn about their information collection practices. The COMPANY expressly disclaims any responsibility for the availability or accuracy of such external sites or resources or the content contained therein, and does not endorse and is not responsible or liable for any advertising, products, services, information or other materials on or available from such sites or resources. The presence of a link on the Site does not mean or imply that the COMPANY endorses the linked site. Your use of any linked site is at your own risk. You further acknowledge and agree that the 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 such goods, services, information or materials available on or through any such link, site or resource.

Proprietary rights of the COMPANY

Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Material, is protected by United States and international copyright laws, and may not be used except as provided in these Web Site Terms of Use without the express written permission of the COMPANY. The Site and its Software, the collection, compilation, assembly and arrangement of the Licensed Material, all images, photographs, graphics, artwork, text, and other information and materials available from any source on the Site, all Trademarks and other intellectual property related thereto, and all information and data collected through the Site (all of which are included in and comprise the Licensed Material), are the property of the COMPANY or its suppliers or partners and are protected by applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks used on the Site, individually or in combination with each other (collectively the "Marks"), whether registered or not, are the property of the COMPANY, its subsidiaries and affiliates, or other third party owners who have granted the COMPANY the right and license to use their Marks. You may not use or display the Marks in any manner without the prior written consent of the COMPANY or the respective owner, including use in or as meta tags or any other "hidden text". Other product or service names, logos, graphics, page headers, button icons and scripts of the COMPANY are Marks or trade dress of the COMPANY and may not be used in connection with any product or service that is not the COMPANY's or that is likely to cause confusion in the marketplace or that disparages or discredits the COMPANY.

Notices and procedures for making claims of copyright infringement

Notifications of alleged copyright infringement on the Site should be sent to the COMPANY.

The COMPANY respects the intellectual property of others and asks its users and visitors to do the same. The COMPANY will process and investigate notices of alleged infringement and will take appropriate action under applicable intellectual property laws. Upon receipt of notices that comply with applicable law, the COMPANY will act to remove or disable access to any material found to be infringing or 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 a way that constitutes copyright infringement, please provide all of the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, e-mail address and any other information reasonably sufficient to permit the COMPANY to contact you;
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;
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 sent to:

By mail to

RPM International Inc.

P.O. Box 777

Medina, Ohio 44258

Attention: Legal Department

By fax to

330-225-8743

By e-mail to

DataProtection@rpminc.com

(Please include "Notice of Violation" in the subject line.)

IMPORTANT NOTE: THE FOREGOING INFORMATION IS PROVIDED SOLELY TO INFORM THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER ENQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ABOUT CONFIDENTIALITY, WILL NOT BE ANSWERED THROUGH THIS PROCESS.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The COMPANY makes no representations or warranties as to the accuracy or completeness of the Site, the Licensed Material or the information contained therein. The COMPANY does not target, and the Site is not intended for use by, minors. The COMPANY will not contact minors about promotions or for marketing purposes without parental consent and will not request more personal information than is reasonably necessary to participate in a given activity. However, it does not screen advertisements or other materials that minors may see on 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 OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NON-INTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.

THE 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 DESCRIBED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE EXACT OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCT, SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT THE PRODUCTS WILL BE PROPERLY DELIVERED IN APPROPRIATE 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 DAMAGES RESULTING THEREFROM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS OF USE OR OTHERWISE APPLICABLE BY VIRTUE OF YOUR PURCHASE OF THE COMPANY'S PRODUCTS OR SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, THE ACCURACY OF THE INFORMATION, THE PRODUCTS AND MATERIALS PRESENTED OR AVAILABLE ON 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 MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Notification/unsubscription options

Notices may be sent to you by e-mail or by post. The COMPANY may also provide notice of changes to these Website Terms of Use or other matters by posting notices or links to notices on the Site. Any notice or other correspondence from you to the COMPANY must be sent by registered mail, return receipt requested, to :

RPM International Inc.

P.O. Box 777

Medina, Ohio 44258

Attention: Webmaster

If you would like to update your information or no longer receive communications from the COMPANY, please contact the COMPANY at .DataProtection@rpminc.com

General information

These Website Terms of Use constitute the entire agreement between you and the COMPANY with respect to, and shall govern, your activities and use of the Website, superseding any prior agreements between you and the COMPANY. You may also 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.

The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect.

Dispute resolution

By using this Site, You agree that all disputes arising out of or relating to the use of this Site, these Website Terms of Use or the Privacy Policy, including disputes arising out of or relating to the interpretation, breach, invalidity, non-performance or termination thereof, as well as disputes filling contractual gaps or newly arising circumstances, shall be submitted to final and binding arbitration as further explained below. To the fullest extent permitted by law, You and the Company each waive the right to have such disputes resolved before a judge and/or jury (except as otherwise provided in these Website Terms of Use).

Arbitration arising out of the use of this Site shall be administered by the American Arbitration Association ("AAA") and shall be conducted in accordance with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable. Such arbitration shall be conducted in Cleveland, Ohio, before a single arbitrator, except as otherwise provided in the AAA Consumer Arbitration Rules. Any relief granted by the arbitrator shall be in accordance with the Disclaimer and Limitation of Liability section of these Website Terms of Use.

The party filing an arbitration related to these Website Terms of Use shall pay the AAA's arbitration fees and costs as prescribed by the relevant AAA rules. Each party shall be responsible for payment of its own legal costs associated with the arbitration, including attorneys' fees, expert fees, and discovery costs. However, if the arbitrator determines that a party's claim, counterclaim or appeal was frivolous or made in bad faith, the arbitrator shall award the opposing party its attorneys' fees, costs and expenses associated with the arbitration.

Notwithstanding any provision of these Website Terms of Use, the COMPANY may seek equitable relief, including preliminary and permanent injunctive relief, from any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any IP Rights. The failure of the COMPANY to exercise or enforce any right or provision of the Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Website Terms of Use or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and the COMPANY (as "Parties" to this Agreement) nevertheless agree that the court should endeavour to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Website 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, the Website Terms of Use or the Privacy Policy within one (1) year after such claim or cause of action arose or is finally barred.

Choice of law

These Website Terms of Use, your use of the Website and any other agreement and relationship between you and the COMPANY relating to your use of the Website shall be governed by the laws of the State of Ohio, U.S.A., without regard to its choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. For any matter not subject to arbitration, you and the COMPANY agree to submit to the personal and exclusive jurisdiction of the state or federal courts of competent jurisdiction located in Cuyahoga County, Ohio, USA and waive any objection to venue.

Violations

Please report any violations of the Website Terms of Use or Privacy Policy to .DataProtection@rpminc.com

The Parties acknowledge that they have required these Website Terms of Use to be prepared and provided in English. The Parties acknowledge that they have required this Agreement to be drawn up in English.

Provisions specific to Users in the United States

The 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 the age of 13 is permitted to provide personal information on our Site. We do not knowingly collect personal information from children under the age of 13. If you are under 13, do not use or provide any information on the Site or on or through any of the Site's features and do not provide us with any information about yourself, including your name, address, telephone number, e-mail address or any screen name or username you may use. If we become aware that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. The release of any personal information about a child, including the child's name and age, is strictly at the parent's discretion. At any time, a parent may request to review their personal information and that of their child that they have submitted to us. A parent may also request deletion by sending a request to .DataProtection@rpminc.com Visitors to the Website under the age of 18 should review these Terms of Use and the Website Privacy Policy with their parents for guidance.

Privacy rights

Data privacy laws in certain jurisdictions may permit users of the Site who are residents of those jurisdictions to request certain information regarding our retention, use, disclosure and/or deletion of their personal information. For more information about the COMPANY's data processing practices and users' privacy rights, please see the COMPANY's Privacy Policy available at https://www.rpminc.com/privacy-policy/.