TERMS AND CONDITIONS
OF USE
Clopay Corporation ("Clopay") requires that each visitor (the "User")
to the web site ("www.Clopay.com/" the "Site") comply with Clopay's
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
("Terms").
INVITATION TO USE; RESTRICTIONS
All content on this site, including text, graphics, logos, drawings
and specifications, for example, is Clopay's property and protected
by United States and international copyright laws. Except as otherwise
specifically provided in these Terms and Conditions or on the site,
none of the material may be copied, downloaded, reproduced, distributed,
republished, displayed, or transmitted in any form or by any means without
the prior written permission of Clopay. Permission is granted to display,
copy, distribute and download content on this Site for personal, non-commercial
use only provided the User does not modify the materials and retains
all copyright and other proprietary notices contained in the materials.
Permission also is granted to display, copy, distribute and download
content on this site if it is to be used expressly for the promotion
and/or sales of Clopay products
The User acknowledges that any reliance upon Materials from this Site
shall be at the User's risk, except as otherwise required by law. Clopay
reserves the right, in its sole discretion, and without any obligation,
to correct any error or omission in any information on this Site or
to change any drawings or specifications, or other content on the site
without notice.
GENERAL DISCLAIMER
Although CLOPAY believes the information available on this Site is accurate,
Clopay does not warrant or endorse the accuracy or reliability of the
information contained on, distributed through or linked to or downloaded
or accessed from this Site and does not warrant or endorse the quality
of any software or other products, information or other materials displayed,
purchased or obtained by a User as a results of any advertisement or
any information or offer made in or through this Site. Local regulations
vary substantially, and Clopay does not warrant that the information
available from this Site comply with building codes, ordinances, or
regulations for any particular application or in any particular jurisdiction,
without Clopay's express written agreement.
Any purchase by User of any products or services manufactured or supported
by Clopay shall be subject to all of the standard terms and conditions
set forth in Clopay's purchase and sale terms and conditions applicable
to the purchase.
COPYRIGHT AND TRADEMARKS
The content on this Site is protected by applicable copyright laws.
The terms set forth in the above "INVITATION TO USE; RESTRICTIONS" section
provide a limited license to such copyrights. The trademarks, logos,
meta tags and service marks displayed on this Site, including the trademark
"Clopay" and other trademarks used by Clopay, such as ANOZIRA and HOLMES®,
(collectively, the "Marks"), are the property of Clopay. Users are prohibited
from using any Mark for any purpose not within the limited authorization
stated in the above "INVITATION TO USE; RESTRICTIONS" section.
TERMINATION
A User's limited license to use materials from this site will terminate
immediately without notice from Clopay if a User fails to comply with
any term or provision of these Terms, and the User is obligated immediately
to destroy all information obtained from this Site and discontinue any
other use of the information obtained through Users' access to this
Site. Any license to any copyright or trademark provided by these Terms,
whether express or implied, terminates immediately upon such termination.
LINKED INTERNET WEB SITES
Clopay has provided Internet links to other Web sites for User's convenience.
Most Web sites linked to this Site are owned and operated independently
of Clopay. As a result, Clopay 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. Clopay does not endorse
or accept responsibility for any such other Web site. Clopay makes no
representations about any Web site a User may access through Clopay's
site. The User acknowledges that access to any other Web sites linked
to this Site is at the User's own risk.
NO WARRANTIES
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR CLOPAY'S PRODUCTS
DESCRIBED ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS
AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CLOPAY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND CLOPAY DOES NOT WARRANT THAT THE DISSEMINATION OF THE INFORMATION
WILL BE ERROR FREE OR UNINTERRRUPTED. CLOPAY DOES NOT WARRANT THAT THE
MATERIALS, DRAWINGS, SPECIFICATIONS 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. CLOPAY DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY
OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE
EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLOPAY 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 INCONVENIENCE,
DELAY OR LOSS OF THE USE OF THE INFORMATION) ARISING OUT OF OR RELATED
TO THE SITE, EVEN IF CAUSED BY THE NEGLIGENCE OF CLOPAY AND EVEN IF
CLOPAY OR ANY PROVIDER OF THE INFORMATION HAS BEEN ADVISED OF OR IS
OTHERWISE AWARE OF THE POSSIBILITY OF ERRORS THEREIN. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY IN PARTICULAR CASES OR JURISDICTIONS.
IN NO EVENT SHALL CLOPAY'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.
INDEMNITY
The User agrees to indemnify and hold Clopay 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
violation or breach of these Terms, arising from the User's violation
of any third party's rights such as trademark, copyright, 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 these Terms.
APPLICABLE LAW; FORUM
The User's access to and use of this Site and information 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. Clopay 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 information available on or through this Site.