By accessing the Site in any way, including, without limitation, browsing the Site, using a mobile application, using information obtained from the Site, and/or submitting information to GAF, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law.
By accessing the Site, you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
Content on the Site that is provided by GAF or its licensors, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("GAF Content") is the property of GAF and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Unless otherwise specified on the Site, you agree not to download, display or use any GAF Content located on the Site for use in any brochures, marketing materials, publications, in public performances, on websites other than the Site or in any other medium for any commercial purpose. You also agree not to download, display or use any GAF Content located on the Site in connection with products or services that are not those of GAF, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GAF and/or its licensors, that dilutes the strength of GAF’s or its licensor's property, or that otherwise infringes GAF’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any GAF Content, User Content (as defined below), or third party content that appears on the Site.
如果您是商标或版权所有者，并且您认为您的商标或版权权利已被侵犯，请转到我们的Proprietary Rights Complaint Processand follow the instructions at that area.
Use of the Site and Posting Policy
下列条件适用于您使用the Site, including, without limitation, any User Content you may submit to us: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by GAF; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not upload, post, reproduce or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (e) you will not use the Site for any commercial purpose not expressly approved by GAF in writing; (f) you will not impersonate any person or organization, including without limitation, the personnel of GAF, or misrepresent an affiliation with another person or organization; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Site, or feature of the Site.
You agree to indemnify and hold GAF, its parents, subsidiaries, affiliates, contractors and agents, and each of their officers, directors, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your use of the Site or violation of these Terms, or any use of the Site GAF content or violations of the Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to GAF or the Site.
GAF does not control, is not responsible to review, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, GAF reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. GAF is not responsible or liable for damages of any kind arising from any User Content even when GAF is advised of the possibility of such damages, or from GAF's alteration or deletion of any posting.
Disclaimer of User Content
The information and opinions expressed in User Content on the Site are not necessarily those of GAF or its content providers, advertisers, sponsors, affiliated or related entities, and GAF makes no representations or warranties regarding the User Content. GAF does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
If the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify GAF immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. GAF is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Representations and Limitations of Liability
GAF makes no representations about the reliability of the features of the Site, the GAF Content, User Content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. GAF makes no representations regarding the amount of time that any GAF Content or User Content will be preserved.
GAF does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.
Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Site. In addition, we may make changes to information about products without notice. The product information on the website may differ from the product you may purchase.
该网站以“原样”为基础提供。无需保证，表达或暗示，包括但不限于特定目的的适销性或适应性，是在其中的网站或任何信息或软件作出的。在任何情况下，包括疏忽，应对任何直接，间接，偶然，特殊，惩罚或相应的损害（集体，“损害”）负责，这是由于优德88网站使用或无法使用本网站，也不会有GAFRESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GAF’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GAF OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE AND/OR THE SUBMISSION OF AND/OR GAF’S USE OR DISTRIBUTION OF USER CONTENT, EVEN IF GAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Third Party Websites
一种。解析度。您和GAF（单独优德88网站，“派对”和集体，“缔约方”）同意履行商业合理的尝试，以解决任何争议或有关这些条款的规定。如果缔约方在向另一方通知的一方于另一方后的15天内无法解决争议，则滥用GAF商标，此类争议应按单一仲裁员按照商业仲裁的最终仲裁仲裁解决优德88网站美国仲裁协会的规则（“AAA”）在最接近办事处位置的AAA办事处。（对于位于GAF.CA的网站出现的索赔，仲裁将由美国仲裁协会的国际争议解决部门的争端解决中心处理。）选择仲裁员后三十（30优德88网站）天内，各方应当向任意一方提出的仲裁中的任何索赔，国防或法律理论有关或必要的所有文件和电子存储信息（“ESI”）。只有要求各方生产以合理可接近的介质存放的ESI。允许允许其他文件请求，询问或录取请求。如果任一方愿意提出分数议性，那方必须首先向仲裁员提交一封信，概述其竞争的法律和事实问题是摘要处理成熟。 The opposing Party shall have five (5) days to submit a letter detailing its position on the requested motion. Within two (2) weeks of submission of the opposing Party’s letter, the arbitrator shall determine whether the requesting Party shall be permitted to file a dispositive motion. The decision of the arbitrator shall be final and binding upon the Parties and shall be set forth in a written reasoned opinion, and any award may be enforced by either Party in any court of competent jurisdiction. Any award of the arbitrator shall include interest from the date of any damages incurred for breach or other violation of these Terms, and from the date of the award until paid in full, at the rate of one percent (1%) per month compounded monthly. Except as may be required by law, neither Party may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the other Party.
(a) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION;
(c) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND
(d) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
(ii) In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GAF will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(3)如果任何仲裁条款的一部分deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor GAF shall be entitled to arbitrate their dispute.
e. These Terms constitute a binding agreement between you and GAF, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and GAF regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Last Updated March 2018