Acceptance of Terms

The CertainTeed Connect web site (the “Site”) is owned and operated by CertainTeed its North America affiliates, including but not limited to CertainTeed Ceilings Corporation, CertainTeed Gypsum, Inc., CertainTeed Canada Gypsum, Inc., and CertainTeed Canada, Inc. (collectively, the “Company”).  By using this Site you acknowledge that each North American affiliated company that is part of the Company is a separate legal entity. In exchange for accessing, browsing and/or using this Site, you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export laws and regulations. If you do not agree with any part of these Terms of Use, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM IT.

Access and Use of Information

Access to this Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by the Company at this Site. Any access to or attempt to access other areas of the Company’s computer system or other information contained on the system for any purposes is strictly prohibited.

Company may, in its sole discretion, with or without notice to you, temporarily or permanently suspend your access to this Site.

You agree to supply Company with all information requested by Company concerning you and your use of this Site, which is reasonably deemed by Company to be necessary to comply with any applicable law or regulation, and you understand and acknowledge that Company may report such information to regulatory authorities as Company determines in its sole discretion to be necessary or advisable.

You acknowledge and agree that Company, upon approval, will provide a unique username and passcode (each a “Password”) enabling you to access this Site.   You acknowledge that it is, and will be, your responsibility to timely retrieve invoices from this Site.  All invoices retrieved electronically shall be due and payable according to their terms and in no event shall any delay in accessing this Site or retrieving an invoice from this Site constitute a valid delay in the prompt payment of an invoice.

You agree to protect the proprietary rights of Company in this Site, and you shall honor and comply with reasonable requests made by Company to protect Company's contractual, statutory and common law rights in this Site.

Copyright Notice; Use Restrictions

The information presented on this Site, along with any documents, data files or other materials available for viewing or downloading (including, for example, press releases, product descriptions, customer guides or tips, and FAQs) is the copyrighted work of the Company and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. The Company grants you permission to copy any such information or material so long as each copy (i) is solely for informational use or for permitted uses in support of the Company's products or business interests and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the materials are used solely with permission of the Company. You also may not, without the Company's permission, “mirror” or “frame in” any material contained on this Site on any other server.

Except as expressly granted in this section (or to you specifically in writing), the Company and its suppliers do not grant any express or implied right or license to you under any patents, copyrights, trademarks, trade secrets, confidential or proprietary information, or any other intellectual property interest.

User Contributions

This Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, customer portals, and other interactive features that allow users to access or input their information and/or post, submit, publish, display or transmit to other users, the Company, or other persons content or materials (collectively, “User Contributions”) on or through this Site. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to this Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant the Company and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose without limitation. Further, the Company shall be free to use any ideas, concepts, know-how or techniques contained in such User Contributions for any purpose whatsoever including but not limited to developing, producing and marketing products incorporating such User Contributions.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.

The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve contests, sweepstakes and other sales promotions, barter or advertising by the user except as may be authorized in writing by the Company.
• Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

The Company has the right to:

• Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion.
• Take any action with respect to any User Contribution that the Company deems necessary or appropriate in its sole discretion, including if the Company believes that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Site or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site.
• Terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through this Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS ARISING FROM OR RELATING TO ANY INVESTIGATIONS, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN AS A RESULT OF ANY INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, the Company cannot and does not review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Confidentiality

The Company may designate certain portions of this Site for the exclusive use of certain parties with whom the Company does business (such as distributors, dealers or contractors). Those areas of the Site which you access by using a unique username and password or other security means contain proprietary and confidential information on the Company and its suppliers, including product specifications, engineering documents, manuals, order and invoice information, pricing information and other technical and marketing information (“Confidential Information”). By accessing this Confidential Information, you agree to keep this information confidential and to use the information solely for the purposes intended by this Site. You also agree to safeguard the Confidential Information (using no less than a reasonable degree of care) and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms. You agree that you will not alter, decompile, disassemble, reverse engineer, or modify any Confidential Information that you receive.

Trademarks and Service Marks

All product or service names used on the Site are trademarks of the Company unless otherwise indicated. The Company's trademarks may be used by third parties only with the prior written consent of the Company and with proper acknowledgement.

Users

You are solely responsible for the secrecy, control, and use of each unique username & password you create. It is your responsibility to notify Company of any users who are no longer employed by you and whose accounts shall be deactivated.  Company shall not be liable for any such users accessing your information on this Site if you did not notify CertainTeed to deactivate the user.  In addition, any user who leaves their current organization in which they are registered for this Site is to cease access immediately to their Site account.  A user is no longer approved to access information if their employment is terminated for any reason at the organization in which they are registered with this Site.  

Third Party Statements on the Site

Users or other third parties may post statements or information on some portions of the Site from time to time. The Company may, but is not obligated to, monitor or review any such statements or information. The Company makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. The Company expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

Links to Third Party Web Sites

This Site may contain links to web sites maintained by other companies, individuals or agencies as a convenience to users. These linked sites are not under the control of the Company, and the Company is not responsible for the accuracy of information on such sites. The Company does not monitor or review the content of such third party sites and therefore advises you that your access to and use of any such sites is at your own risk.

Links to the Company's Web Sites

Any party seeking to publish any link to this web site on another web site should notify the Company in advance of any such link.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from this Site.

Disclaimer of Warranty

THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.

THE COMPANY FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS SITE. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THEM. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT WITH REPRESENTATIVES OF THE COMPANY IN YOUR AREA REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER THE COMPANY HAS BEEN NOTIFIED OF SUCH DAMAGES.

Severability

Any provision of this agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability (but shall be enforced to the maximum extent permissible) without invalidating the remaining provisions of this agreement, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction.

Applicable Law

This Site originates from and is maintained in the United States of America, and the Company makes no representations regarding the legality of access to or use of the Site or the materials from other countries. Access in countries where the materials are illegal is prohibited. Users who access the Site from outside the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws.  Any dispute arising hereunder, or relating directly or indirectly to the use or operation of this Site, will be resolved in the state or federal courts nearest Malvern, Pennsylvania USA and in no other location.  You irrevocably accept this jurisdiction and venue and waive any objections based on inconvenience or otherwise.

Revisions

The Company may revise or withdraw content on this Site, in whole or in part, at any time without notice. The Company may modify or amend its Terms of Use at any time by updating this posting. Your continued use of this Site following the posting of modified or amended Terms of Use means that you accept and agree to the modifications or amendment, as applicable. You are expected to check this page so you are aware of any changes, as they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.