PPG owns and operates the www.glidden.com, www.gliddenPR.com, walmart.glidden.com, disney.cil.ca, idsico.ca, previews.ppgac.com, previewshomebuilder.ppgac.com, www.olympic.com, www.cil.ca, www.dulux.ca, betonel.com, liquid-metal.ca, venetiansilk.ca, www.sico.ca, corrostop.ca, polyprep.ca, buyat.ppg.com, pittsburghpaintsandstains.com, gliddenteamcolors.com, mycolortopia.com, myvoiceofcolor.com, www.ppgac.com, ppgpartnerdiscount.com, www.ppgpaints.com, www.ppgpittsburghpaints.com, products.ppgac.com, www.voiceofcolor.com, www.ppgporterpaints.com, www.gliddenprofessional.com, www.liquidnails.com, www.liquidnails.ca, buildinfinityhomes.com, homaxproducts.com, www.nauticapaint.com, www.flood.com, www.perfectwoodstains.com, www.perfectwoodstains.ca, diy.ppg.com, visualizecolor.com ("Sites"), and the PPG Voice of Color and Menards Kiosk standalone web applications ("Apps").
This Policy covers only the Sites and Apps identified above, and does not apply to information which you may send to us by other means. Other PPG sites, apps and other online locations may have their own privacy policies, and you should consult those accordingly.
Standard data and other fees may be charged by your mobile device carrier when using the Apps, or accessing the Sites from a mobile device, so please be aware of them.
By using the Sites and/or Apps, or by choosing to submit or make available personally identifiable or other information to PPG through the Sites and/or Apps, you signify your consent to all of the terms of this Policy. If you do not agree with any terms of this Policy, please do not use the Sites or Apps or submit or make available personally identifiable or other information to PPG through the Sites and/or Apps.
PPG may make changes to this Policy from time to time, so check back periodically to stay up to date on PPG's data collection, use, and disclosure practices. PPG will indicate when any modifications are made to this Policy on the Sites and Apps, and will indicate at the top of this Policy the date this Policy was last amended. Any changes to this Policy will be posted below for a period of thirty (30) days and will be effective when posted. The changes will also be immediately incorporated into this Policy.
Your continued access to and/or use of the Sites or Apps after any changes are made to this Policy constitutes your acceptance of, and agreement to be legally bound by, the Policy as revised. If any of the changes are unacceptable to you, you should cease using the Sites and/or Apps.
If any changes to this Policy affect how PPG treats or handles personally identifiable or other information that you have already provided to or that has otherwise been collected by PPG, PPG will notify you by email (if PPG has a valid email address to use), and/or using other contact information we may have for you, and give you thirty (30) days to opt-in to the changes as they pertain to your information. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.
You can generally visit the Sites and use the Apps without revealing any personally identifiable information about yourself. Personally identifiable information ("PII") is generally defined as information that may be used to identify you such as, but not limited to, name, address, telephone number, email address, birthday, credit/debit card number, photograph, and age.
There are areas on the Sites and Apps where you may be asked to provide PPG with PII. For example, PII such as name, mailing and/or shipping address(es), email address, telephone number, photographs, credit/debit card number or other financial information, birthday, username and password, and/or office address and other business information, may be collected from you when you:
The Sites and/or Apps may include the Digital Color Platform ("DCP"), a room color visualization tool that allows you to: (a) use stock photos/images or your own photos/pictures of a room or other area to produce a virtual approximation of how PPG's various paint colors will look when applied to that room/area/location; (b) upload pictures of relevant subject matter to attempt to match the colors in the photo with paint colors offered by PPG; and (c) share photos/images used and produced through the DCP tool with yourself and others by email or social media sharing tools. PPG may need to access your photos and other PII stored on your computer or mobile device through this process, and will request your permission before accessing such PII.
The PII and other information that PPG collects from you may be used by PPG for the purposes for which it was collected, for the reasons outlined in this Policy, and/or for any other purposes that are disclosed to you. PPG may use or disclose your PII and other information to:
By providing to PPG the PII and/or other information referenced in this Policy, you agree that PPG may use the PII and other information in accordance with the terms of this Policy.
The Sites and Apps may collect information from user devices including IP addresses, generic locations, service providers, time of activity, technology and device identifiers, and tracking pixels/cookies in order to customize user experience, measure effectiveness of communications and Sites/Apps performance, better optimize Sites and Apps performance, and compile market insights. More information on opting out of cookies may be found below. The Sites and Apps may maintain local storage or user activities on the Sites and/or Apps in order to serve recommendations and ease browsing experiences. The Sites and/or Apps may store a user project through a custom url variable that can be accessed by anyone the url is shared with by you.
If you choose to log in to any user account for the Sites and/or Apps through Facebook or some other social media service or third party site/service, then PPG may receive information about you or your connections from such site/service.
PPG uses server logs to record page requests. PPG may also store PII and other information on your user devices through local storage. These actions are done to perform some of the actions set above in this Policy.
Third party apps installed on a device may have additional settings enabling the tracking of user activity and geo-location. Additionally, device settings may enable the sharing of user information. PPG does not own the data collected on these devices but may use it when using third party services for the purposes of advertising, improving digital experience, performance measurement and gathering market data. You should consult those third party apps and/or your device's privacy settings for more details on how to opt-out of geo-location tracking.
PPG may use third party service providers to analyze how users move around the Sites and/or Apps to help provide you with a more streamlined web experience, and provide you with more relevant data. These third party service providers may collect and aggregate tracking information such as the browser and/or internet service provider you use, which pages and advertisements you view, demographic data, hardware/software type, and date/time. This information does not identify you personally and is not combined with any PII you may provide, such as your email address. Third party service providers may include and are not limited to:
PPG may use third party service providers to provide you with more relevant data, including advertising based on your perceived interests on our and third party sites and platforms.
You can opt-out of receiving interest-based advertising/targeted ads ("IBA") served by us or on our behalf by clicking on the blue triangle Ad Choices icon in the upper right corner of the ads we serve or by clicking to http://youradchoices.com. If you opt-out, you will still see ads, but they will not be personalized based on your browsing history. If you delete your cookies or upgrade your browser after opting out, you will need to opt-out again. Further, if you use multiple browsers or devices, you will need to execute this opt-out on each browser or device. If you come across one of our ads that you believe was delivered based on your browsing habits (on any of the Sites and/or Apps), and you have a problem with opting out of such targeted ads, please contact us at firstname.lastname@example.org.
You can also opt-out of receiving IBA from certain third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by clicking here. We also comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You may opt out of receiving IBA from other companies that perform targeted advertising services, including some that we may work with, via the DAA site http://www.aboutads.info/.
The industry opt-out tools described above only function for users of the Sites. If you use the Apps and would like to opt-out of receiving IBA while using the Apps, you must download and make choices through the DAA's free mobile application AppChoices for each device you use (more info available at www.aboutads.info/appchoices). You may also consult the settings on your mobile device for further options regarding cross-app advertising.
Please note that when using the ad industry opt-out tools described above, you may need to execute the opt-out on each browser or device that you use, and that other companies' opt-outs may function differently than our opt-out.
PPG may engage in cross-device tracking when using customer relationship management ("CRM") software. PPG engages in cross-device tracking to determine whether the same user/person is using more than one device, such as a mobile phone and computer. This allows PPG to combine that user/person's overall use of the Sites and/or Apps to better serve targeted advertisements. Please contact us at email@example.com for details on how to opt-out of that tracking on a specific device. If PPG engages in this type of tracking, you will need to opt-out on a device-by-device basis.
Except as noted herein, PPG does not sell or share your PII with any person or entity outside of PPG. PPG may share your PII and other information among the Sites and Apps covered by this Policy. Unless otherwise stated in this Policy, PPG does not share PII with any other parties, including affiliates and related companies, for direct marketing purposes. The Sites and/or Apps may integrate with social media services which will let you share actions you take on our Sites and/or Apps with other apps, sites, locations, or media, and vice versa. Please review the privacy policies of those social media services for more information about how such services handle the information you provide to or share through them. PPG may share PII and other information with its vendors and other third party service providers that assist PPG with making the Sites, Apps, and related services function properly or to deliver targeted experiences, or which otherwise assist us with carrying out the purposes described in this Policy. This may include, but is not limited to, sharing PII and information with:
PPG may share your PII and other information with a third party (and its attorneys, accountants and other relevant parties) in the event that PPG merges with, acquires, is acquired by, or becomes a legal affiliate with, such third party, or should such a transaction be proposed.
PPG may also disclose your PII and other information to third parties if we reasonably believe we are required to do so by law or that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with PPG; or (iii) to avoid imminent physical harm to any person or to protect PPG's rights, safety or property. PPG may also disclose your PII for any other purpose to which you consent.
PPG may also use and disclose your PII to relevant third parties (e.g., forensics investigators, attorneys, law enforcement) to investigate, respond to, and/or to prevent a security/data breach, or to cooperate with government or law enforcement authorities pursuant to other legal matters.
Other than what is referenced above, the PII and other data collected from you is not shared with nor sold to any person or entity outside of PPG.
The Sites may use "cookies," which are small pieces of information that a site stores on a user's/visitor's web browser or computer that may be used to store/remember user preferences, save data, track a user's online activity, and/or remind the site about the user/visitor the next time he/she visits the site. The cookies may also allow PPG to customize your experiences on the Sites and gather information about your navigation of the Sites.
PPG uses browser cookies, Flash cookies, web beacons, and social media/network plug-ins. Certain vendors may place and read cookies on the Sites to help PPG deliver marketing messages on the Sites and on other online locations you visit after you leave the Sites.
You may be able to manage how some cookies are used. Most browsers can be set to notify you when a browser cookie is being placed on your computer. You can manually delete browser cookies and set most browsers to refuse to accept browser cookies, although doing so may affect your website experience. Flash cookies may be removed by managing your Flash Player settings with Adobe. To delete or prevent placement of Flash cookies, you will need to visit the Adobe Flash Player Help site at http://www.adobe.com/support/documentation/en/flashplayer/help/, click on the hyperlink for "Website Privacy Settings Panel" on the left hand side of the screen, and follow the instructions for preventing third-party Flash content from storing data on your computer.
Browser Cookies: Browser cookies are used by PPG and third parties we work with for targeted marketing activities and web site analytics. Browser cookies are placed on PPG Sites by PPG as well as third parties. The information that PPG collects and shares does not contain PII such as customer or consumer names, addresses, telephone numbers, or email addresses.
Flash Cookies: PPG uses Flash cookies on certain PPG Sites for purposes such as map functionality and animations, but does not collect PII through this process.
Tracking Pixels: PPG uses tracking pixels to help manage online advertising and Sites traffic analysis. These image files are provided by third parties for external ad management, search marketing tracking, affiliate marketing, and etrade.com site analytics. In all such instances, the pixel is programmed to collect your computer's IP Address and certain other limited information when you are on our Sites. PPG does not collect your name, e-mail address, or telephone numbers using this technology. For example, with online advertising campaigns, pixels enable third parties to recognize a cookie on your web browser, which in turn enables us to learn which advertisements bring unique users to PPG Sites from other locations on the internet.
Opt-Out of Cookies
You have choices about whether certain information collected on websites, including PPG Sites, is used to customize advertising based on predictions generated from your visits over time and across different websites.
Please keep in mind that refusing cookies may affect your experience on PPG Sites.
Browser Cookies: For these cookies, you may delete or prevent placement of cookies by following the instructions contained in the help section of your browser. For certain browser cookies that target advertising, you may visit the Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp and opt out of the behavioral advertising delivered by the NAI's member companies.
Flash Cookies: To delete or prevent placement of Flash cookies, you will need to visit the Adobe Flash Player Help site at http://www.adobe.com/support/documentation/en/flashplayer/help/, click on the hyperlink for "Website Privacy Settings panel" on the left hand side of the screen, and follow the instructions for preventing third-party Flash content from storing data on your computer.
Web Beacons/Tracking Pixels: Because web beacons or clear gifs are included within the recipe for a web page (just the same as any other content request), you cannot opt out or refuse them. However, where they are used in conjunction with cookies, they can be rendered ineffective by either opting out of cookies or by changing the cookie settings in your browser. In other instances, such as in the case of emails, clear gifs are not used in conjunction with cookies and if you are unhappy with the use of clear gifs in such manner, then you should not use the Sites or register to receive emails.
While on the Sites or Apps, you may choose to follow links to other external online locations, including those embedded in third party ads or sponsor information, which are not controlled by PPG. Be aware that other online locations may collect and use PII differently than PPG on the Sites and Apps, and operate in accordance with their own privacy policies. PPG is not responsible for the privacy practices and data collection policies/practices of such third party locations. You should consult the privacy policies of those respective third party locations for details before using them.
PPG may also allow interaction between the Sites and/or Apps, and other sites or mobile applications such as Facebook or other social media providers. This may include the "Like" button or other plugins available through the Sites or Apps that allow you to share information with persons outside of the Sites or Apps. Please consult the privacy policies of those third party providers before using them to make sure you are comfortable with the level of sharing.
The Sites and Apps are intended for individuals 18 years of age and older located in the United States and Canada.
The Sites and Apps are not directed at, marketed to, nor intended for, children under 13 years of age. PPG does not knowingly collect or use information, including PII, on children under the age of 13. If PPG becomes aware of any information collected from a child under the age of 13 through the Sites or Apps, PPG will delete the information.
PPG will not use a minor's PII to market or advertise certain products or services deemed harmful to children. PPG also will not disclose any minor's PII if it has actual knowledge that the minor's PII will be used for the purpose of marketing or advertising the harmful products or services.
The Sites and Apps are meant for individuals within the United States and Canada. PPG only knowingly collects information from individuals within the United States and Canada. If you provide information to PPG from outside of the United States and Canada, you do so at your own risk. If you are outside of the United States and Canada, you are responsible for complying with any local laws regarding use of the Sites and Apps, and related data collection. You also agree and acknowledge that by providing any information, including PII, through the Sites or Apps, that such information may be transmitted to, and stored in, the United States.
PPG does not independently act on browser "do not track" or similar requests.
If third parties are able to directly collect information through the Sites or Apps, it is possible that some of these third parties may respond differently than PPG to browser "do not track" requests. You should consult the applicable privacy policies of those third parties for that information.
PPG takes reasonable steps to protect data against unauthorized access.
The security of your PII is important to PPG. PPG protects PII by using, implementing, and maintaining industry standard physical, organizational and technological safeguards and security measures that are reasonably designed (appropriate to the sensitivity of such PII) to help protect against loss, and unauthorized use, disclosure or access, of PII in both storage/rest and in transmission. PPG requires complex passwords for user accounts through the Sites and/or Apps.
Unless otherwise stated elsewhere in this Policy, PII may only be accessed by persons within PPG's organization, or by PPG's third party service providers who require such access to provide you with the services indicated above, or to carry out such purposes as may be permitted or required by the applicable law. The PII that PPG collects is transferred to, and stored and maintained in, the United States. We manage the personal information we collect from our offices located in Pittsburgh, Pennsylvania; Cranberry Township, Pennsylvania; Longueuil, Quebec; Toronto, Ontario.
PPG retains collected PII only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. PPG will also retain collected PII connected to business records for periods of time required by law. PPG will destroy collected PII when PPG determines it is no longer needed for the purposes for which it was collected. PPG's collection times will be consistent with applicable law.
Although PPG has taken reasonable and prudent measures to protect its Sites, Apps, computer systems and any collected PII from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. As a result, while PPG is committed to protecting your PII, you should exercise discretion in what information you disclose and/or transmit to or through the Sites or Apps. PPG cannot ensure or warrant the security of any information sent over the Internet, as transmitted information may be intercepted by others before it reaches PPG. If you are concerned about sending information to PPG over the Internet, please send the information by mail or call us to make other arrangements. PPG is not responsible for the security of information sent over the Internet.
Some or all of the PII that PPG collects may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
If you would like to review, edit or request the deletion of any of the PII that PPG has collected from you, or wish to request a correction to it if you believe it is inaccurate, please contact PPG at firstname.lastname@example.org or use the contact form on any of the Sites and/or Apps. PPG will use reasonable efforts to comply with your request, but PPG cannot guarantee it will be able to remove all PII from the specified uses and/or grant you full access to the same PII (e.g., if the PII contains personal information of other persons, or for other legal reasons). Therefore, please be as specific as possible in your request. If the request relates to information that PPG needs to make the Sites or Apps function properly for you, you may not be able to use the Sites or Apps properly going forward. In such cases, PPG will try to provide you with a reasonable explanation of why it is not possible to remove or grant you access to your PII. PPG may require you to verify your identity before providing you with access to your PII/personal information.
PPG reserves the right to maintain proper business records as required by law, or for otherwise legitimate purposes permitted by law, even if such records contain your PII.
If you would like to opt-out of receiving further promotional emails from PPG, please follow the opt-out instructions at the bottom of the email or send PPG a detailed email to email@example.com.
PPG does not knowingly collect any information from minors, nor are the Sites or Apps directed at or intended for minors. If a minor uploads/posts information to the Sites or Apps that is publically available, and the minor subsequently wants that same information deleted, the minor has a right to request that such information be removed from public viewing by contacting PPG at firstname.lastname@example.org. Any removal of content by PPG does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal, state, or provincial/territorial law may require maintenance of the content or information.
Please advise PPG if you have any questions regarding this Policy, any PII you submitted to PPG, or if you would like to: (i) access PII already collected from you by PPG so that you can correct or update it, or request that it be deleted; (ii) request the deletion of PII regarding your minor child; or (iii) report any violation of this Policy.
You may contact PPG at:
MAIL: 1 PPG Place. Pittsburgh, PA 15222 ATTN: Robert Wagner, Director IT Security
It is the policy of PPG to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact PPG.
This Policy was last updated on August 2, 2017.
LAST MODIFIED: August 10, 2017
This TOU includes important terms about your rights and the rights of the following affiliated companies and brands within the PPG Architectural Coatings family: PPG Paints™, PPG Pittsburgh Paints®, PPG Porter Paints®, Pittsburgh Paints & Stains®, Olympic® Paints & Stains, The Voice of Color®, Glidden®, Glidden Professional®, Flood®, Sico®, CIL®, Liquid Nails®, Dulux®, Devoe® architectural and light duty coatings, PPG ProLuxe™*, PPG® and Nautica At Home. This TOU, to the extent permitted by law, is a binding agreement and includes language about how to resolve any disputes relevant to this TOU.
By using the Services, you agree to be bound by this TOU. If you do not agree to be so bound, you are not authorized to use the Services. This TOU is a legal contract between you and PPG and governs your access to and your use of the Services. Your rights to use the Services are limited by applicable federal, state, provincial/territorial, and local laws and regulations.
The Services are intended for adults 18 years of age or older. By accessing the Services, you represent that you are 18 years of age or older.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Net Nanny (https://www.netnanny.com/) and Symantec Norton Family Premier (https://buy.norton.com/en-us/mf/productDetails/MggKMjExMDk3ByIwMDAxMDAwATowAw==/). Please note that PPG in no way endorses or is responsible for these protections or services. By listing or mentioning any of these protections or services, PPG is in no way recommending them nor making any representation or warranty as to their functionality or usefulness. You should do your own research to make sure any protection or service in this regard works properly for your situation. You use any listed protection or service at your own risk.
The Services provide a wide range of information on PPG's products. Information provided on or through the Services is provided for promotional and informational purposes only. You agree that you will only use the Services for their intended purposes.
By using the Services, you may need to interact with other users of the Services. You are solely responsible for such interaction and agree to do so in a manner that is legal, respectable, and consistent with this TOU. PPG is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Services.
Any and all aspects of the Services are subject to availability. PPG has no direct control over any user generated content supplied by users of the Services, and therefore PPG is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any user generated content. Any and all reliance on the Services is done at your own risk. While PPG will try to make content on the Services useful, PPG does not warrant that any such content will be useful, reliable or safe. PPG cannot guarantee that any Services or user generated content are accurate, complete, or updated on any regular basis. PPG is not responsible for any user generated content. None of the user generated content on the Services is fact-checked or maintained by PPG.
The Services include the Digital Color Platform ("DCP"), a room color visualization tool that provides you with the ability to: (a) use stock photos/images or your own photos/pictures of a room or other area to produce a virtual approximation of how PPG's various paint colors will look when applied to that room/area/location; (b) upload pictures of relevant subject matter to attempt to match the colors in the photo with paint colors offered by PPG; and (c) share photos/images used and produced through the DCP tool with yourself and others by email or social media sharing tools. User content used on the DCP is user generated content or UGC (as defined later in this Agreement).
PPG does not represent or warrant that any colors used or matched through the DCP tool will appear identical in appearance to those same colors being applied to or painted on real world walls or other locations or items. How a paint color appears through the DCP tool may differ from real world application. You should still perform pre-application testing, such as applying a small amount of the paint to the item, to make sure the color looks appropriate.
Any photograph or image you upload to the DCP tool is done on a non-proprietary and non-confidential basis, and you agree that PPG has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any such photo or image for the purpose of operating and/or marketing the DCP tool or any goods or services offered by PPG. This license includes any right of publicity rights that may be present in the photo or image.
You agree that you will not upload to the DCP tool any photo or image that is pornographic, offensive, illegal, and/or infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract, of some other person or entity. You represent and warrant that you own all right, title, and interest, including the intellectual property rights, to any photo or image you upload to the DCP tool or you have been granted the right by the respective owner to upload such photo or image. You hereby waive any moral rights that you may have in any photo or image you upload to the DCP tool.
You are fully responsible for how you use our Services. You agree to release and indemnify, defend and hold harmless PPG, including our directors, officers, employees, affiliates, subsidiaries, service providers, vendors, agents, licensors, representatives, attorneys and business partners (collectively, the "Indemnified Parties") from and against any and all demands, losses, costs, liabilities, claims, judgments, awards, damages or expenses (including attorneys' fees, court costs, costs of defense, and direct, indirect, punitive, special, individual, consequential or exemplary damages) PPG or any of the Indemnified Parties suffer arising from, related to, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this TOU, the use of the Services by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of this TOU.
SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as may be modified by us in our sole and absolute discretion, until such time as we should choose to discontinue the Services or any component of the Services.
SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES, SITES AND/OR APPS BY ANY MEANS IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES, SITES, APPS AND ANY RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITES OR APPS ARE PROVIDED ON AN "AS ARE" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE EXTENT PERMITTED BY LAW, PPG AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES, SITES, APPS OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS.
TO THE EXTENT PERMITTED BY LAW, PPG AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FREEDOM FROM COMPUTER VIRUSES, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SERVICES, SITES, APPS, ANY AND ALL CONTENT ON THE SITES OR APPS, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS. PPG AND/OR ITS AFFILIATES DO NOT WARRANT THAT FUNCTIONS OR CONTENT ON THE SERVICES, SITES, AND/OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, ADEQUATE, OR APPROPRIATE FOR A SPECIFIC PURPOSE.
TO THE EXTENT PERMITTED BY LAW, PPG AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES, SITES, AND/OR APPS. TO THE EXTENT PERMITTED BY LAW, PPG AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES, SITES, APPS, AND/OR ANY CONTENT PROVIDED ON OR THROUGH THE SITES OR APPS WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SERVICES, SITES, AND/OR APPS WILL BE CORRECTED, OR THAT THE SERVICES OR SITES/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INDEMNIFIED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SERVICES, SITES, AND/OR APPS WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (ii) THE SERVICES, SITES, AND/OR APPS WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (iii) THE USE OF THE SERVICES, SITES, AND/OR APPS, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (iv) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES, SITES, AND/OR APPS WILL BE SECURE; (v) THE USE OF THE SERVICES, SITES, AND/OR APPS WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (vi) THE USE OF THE SERVICES, SITES, AND/OR APPS WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED BY USERS ON THE SERVICES, SITES, AND/OR APPS ARE THOSE OF THE RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES, SITES, APPS, AND/OR IN USER GENERATED CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF PPG. THE INDEMNIFIED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY USER GENERATED CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES, SITES, AND/OR APPS ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES, SITES, AND/OR APPS IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES, SITES, APPS, OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS. TO THE EXTENT PERMITTED BY LAW, PPG AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES, SITES, AND/OR APPS WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PPG OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, SITES, AND/OR APPS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES, SITES, APPS, OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF PPG AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (i) THE USE OR INABILITY TO USE THE SERVICES, SITES, APPS, OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS; (ii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES, SITES, AND/OR APPS; (iii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES ON THE SERVICES, SITES, AND/OR APPS; AND/OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES, SITES, AND/OR APPS, ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS, AND/OR ANY LINKS ON THE SERVICES, SITES, AND/OR APPS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PPG OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, SITES, AND/OR APPS, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO PPG AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
YOU EXPRESSLY ACKNOWLEDGE THAT PPG HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PPG. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
IF YOU ARE DISSATISFIED WITH THIS TOU OR THE SERVICES, SITES, AND/OR APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, SITES, AND/OR APPS.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THOUGH THE SERVICES, SITES, AND/OR APPS, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, SITES, AND/OR APPS.
ALL PROVISIONS IN THIS TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you to register for an account ("Account Information" in a "User Account"). Our provision of any such interactive account is part of the Services, and governed by this TOU.
Certain features and/or portions of the Services may be password-protected and require you to complete a registration process to set up a User Account in order to obtain access and/or to participate. When registering with us to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, your User Account, or any such features of the Services. It is your responsibility to keep the password provided to you confidential and secure, and you are solely responsible for any and all activities that occur under your User Account. In the event that your password is lost, stolen, disclosed to an unauthorized party, used without your consent, or otherwise may have been compromised, you agree to immediately notify us at email@example.com of any such action or of any other breach of security in relation to the Services known to you. We are not responsible for your failure to comply with this provision, or for any delay in shutting down your account after you have reported a breach of security to us. If PPG suspends or terminates your User Account under this TOU, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel your User Account at any time by contacting firstname.lastname@example.org .
SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services, any component thereof, or otherwise revoke any and all access granted to you related to the Services, in our sole and absolute discretion and without prior notice or reason. You agree that PPG is not liable to you or any other third party for this action. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment. For example, and without limitation, you agree not to undertake any contract for professional services premised on the continuing availability of these Services.
CONTENT NOT RETAINED FOREVER. You agree that any User Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
IF IMPORTANT, KEEP A COPY. You agree that any Account Information or user content which you upload or provide via the Services may be modified or deleted without prior notice and at PPG's sole discretion. Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Services.
YOUR AGE. The Services are intended for use by individuals 18 years of age and older. You are not permitted to use the Services, establish a User Account, or provide Account Information if you are under 18 years of age, or if you are 18, but under the age of majority in your jurisdiction of residence, if you do not have the consent of your parent or legal guardian.
YOUR LOCATION. The Services are intended for use in the United States and Canada. The Services are operated by PPG from the United States. PPG makes no representation that the Services are appropriate or available for use in locations other than the United States and Canada. If you use the Services outside the United States or Canada, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any of those local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.
Certain features and/or portions of the Services may permit you to upload, post or otherwise transmit your own user generated content ("UGC") in certain areas.
Any UGC you upload, post or otherwise transmit on or through the Services is done on a non-proprietary and non-confidential basis, and you agree that you provide PPG with a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, have distributed, perform, display, transmit, edit, and sublicense any UGC in any form in all media now known or hereinafter created anywhere in the world, for the purpose of operating and/or marketing the Services or any PPG goods or services and other internal or external commercial purposes. This right is fully assignable by PPG without prior notice. Further, you waive all moral rights in and to all UGC or other content that you post on, upload or otherwise submit to or through the Services or otherwise provide to PPG in favor of PPG and anyone authorized by PPG to reproduce or otherwise use such material. Without limiting the generality of the foregoing, you hereby grant to each user of the Services a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all UGC (in any format or media) that you post on, upload or otherwise submit to or through, the Services via any share functionality that is or that may be available on the Services.
PPG is not required to treat any UGC as confidential.
You further agree that you will not upload, post or otherwise transmit any UGC on or through the Services that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload, post or transmit.
You further represent and warrant that: (i) you own all right, title and interest, including the intellectual property rights, to any UGC you upload, post or transmit on or through the Services, or you have been granted the right by the respective owner to upload, post or transmit the UGC, and to provide PPG with the rights set out in these TOU; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
PPG reserves the right to cooperate with any and all legal requirements, legal authorities and/or law enforcement agencies regarding the investigation of, or a request to disclose, information related to your UGC. You waive and hold harmless PPG from any claims resulting from any actions taken by PPG or law enforcement during or as a result of PPG's or law enforcement's investigation.
You hereby agree that you shall not use the Services to upload, post, communicate or otherwise submit or transmit through or to the Services any UGC that:
PPG reserves the right to refuse, delete or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that PPG determines is inappropriate or disruptive to the Services or to any other user of the Services.
PPG is under no duty to, and does not represent it will, monitor, edit and/or remove any UGC. We may elect to monitor areas of the Services by electronic or other means, but we are not responsible for screening, policing, editing, or monitoring UGC.
PPG does not accept unsolicited content or ideas you may attempt to transmit to PPG directly. As such, we take no responsibility for such transmitted content or ideas. If you do send PPG unsolicited content or ideas, you agree that PPG may use such content and ideas in any way PPG wishes without any compensation or notice to you.
In connection with your access to and/or use of the Services, you hereby agree that you shall not:
(i) Upload, post or transmit anything that is illegal, pornographic or otherwise inappropriate, and/or disrupts or imposes an unreasonable burden or excessive strain on PPG's network or computer infrastructure;
(ii) Engage in any behavior that is designed to interfere with, hack into, or attempt to gain unauthorized access to, any portion of the Services, especially protected areas of the Services and/or PPG's computers, servers or networks, and/or any computers or systems used by other users of the Services;
(iii) Engage in prohibited or unauthorized use of the Services or of PPG's systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Services;
(iv) Upload, post or transmit anything that could destroy, damage or impair any portion of the Services or any computers, systems, hardware or software used by PPG or other users;
(v) Make unauthorized attempts to modify any information stored on the Services;
(vi) Make attempts to defeat or circumvent security features, or to utilize the Services for any purpose other than its intended purposes;
(vii) Collect information about others without their consent;
(viii) Upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available;
(ix) Discuss, incite or promote illegal activity;
(x) Upload, post or transmit any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes or any other form of such solicitations;
(xi) Use any automated technology such as a robot, spider or scraper to access, scrape or data mine any part of the Services;
(xii) Use the Services to send spam or unsolicited bulk email; and/or
(xiii) Provide false or misleading information when you sign up for a User Account, or otherwise upload, post or transmit any false or misleading information or content through the Services.
The preceding list of prohibitions is not exclusive. PPG reserves the right to terminate your access to any or all of the Services for any or no reason.
By accepting this TOU, you waive and hold harmless PPG from any claims resulting from any action taken by PPG or law enforcement during or as a result of PPG's or law enforcement's investigation related to your use of the Services.
Other than exceptions referenced in this TOU or noted elsewhere, you acknowledge and agree that PPG or its third party licensors own all of the other content of the Services, including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name or other electronic files and other intellectual property therein, as well as all other right, title and interest in and to such content (referred hereafter as "PPG Content").
Certain elements of the Services, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States, Canadian, and international copyright laws. Any PPG Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without our prior permission. No right, title or interest in any PPG Content is transferred to you as a result of you accessing, downloading or printing such content from the Sites or Apps. Any use of PPG Content must display the appropriate copyright, trademark and other proprietary notices.
You acknowledge that you have no right, title or interest in or to the Services and/or PPG Content. You agree not to challenge, directly or indirectly, PPG's ownership (or that of its licensors) in and to PPG Content. Nothing contained in the Services or in this TOU should be construed as granting, by implication, estoppels or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of PPG or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by PPG. Except as expressly permitted in this TOU, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content.
PPG, PPG Paints™, PPG Pittsburgh Paints®, PPG Porter Paints®, Pittsburgh Paints & Stains®, Olympic® Paints & Stains, The Voice of Color®, Glidden®, Glidden Professional®, Flood®, Sico®, CIL®, Liquid Nails®, Dulux®*, Devoe®*, and PPG ProLuxe™* are marks of PPG. Other marks, names and logos on the Sites or Apps are the property of their respective owners.
There may be other content located on the Services not owned by PPG, and you should respect those property rights as well. All rights not expressly granted herein are reserved to PPG.
GRANT OF LICENSE. PPG hereby grants you a limited, revocable and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in this TOU and the Sites' or App's intended purposes. For greater certainty, this limited license only allows you to view, download or print materials from the Services provided all original copyright, trademark and other notices are preserved in their original form. This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any of the Services or their content. PPG reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this TOU.
Copyright Infringement Notification Policy. If you believe that any content found on or through the Services infringes your copyright, please send a detailed message (under the United States Digital Millennium Copyright Act, the following information must be included in the message) to PPG's Designated Agent for notice of claims of copyright infringement and provide the following information:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right;
(ii) Identification of the copyrighted material claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) A detailed description of the material that you claim is infringing (with an identification of the URL or other specific location on the specific website) so that we may locate it;
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and
(vi) A statement by you that the above information is accurate and, that you are authorized to act on behalf of the owner of the intellectual property rights involved.
PPG's Designated Agent is Ladas & Parry LLP and can be reached using the following contact information for a notice of copyright infringement:
Address: 1040 Ave. of the Americas, New York, NY, 10018
PPG respects the intellectual property rights of others and expects its users to do the same. PPG will terminate any User Accounts and/or any user's access to or receipt of Services if connected to valid and repeat copyright infringement complaints.
If you believe that any content found on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to email@example.com detailing your allegation. PPG takes infringement of intellectual property rights seriously and will investigate the matter. PPG may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others, and may terminate access to the Services for repeat infringers.
YOU AGREE THAT to the extent permitted by applicable law and for users who are not individuals resident in the province of Quebec, any and all disputes relating to this TOU, the Services, or any goods or services offered on or through the Services, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. For individuals resident in the province of Quebec, any and all disputes relating to this TOU, the Services, or any goods or services offered on or through the Services, are governed by, and will be interpreted in accordance with, the laws of the Quebec, without regard to any conflict of laws provisions.
For users who are not individuals resident in the province of Quebec, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO submit to the exclusive jurisdiction of state or federal courts located in Allegheny County, Pennsylvania. You agree that any dispute between you and PPG will be resolved in state or federal courts located in Allegheny County, Pennsylvania to the exclusion of any other potential venue.
For users who are not individuals resident in the province of Quebec, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in Allegheny County, Pennsylvania courts.
For users who are not individuals resident in the province of Quebec, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Allegheny County, Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
NO CLASS ACTIONS; NO JURY TRIAL. To the extent permitted by law, and for users who are not individuals resident in the province of Quebec, you agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party. You waive any right to a trial by jury.
BINDING ARBITRATION. YOU AND PPG AGREE, to the extent permitted by applicable law, and for users who are not individuals resident in the province of Quebec, that at the election of either party, any dispute, claim or controversy, including all statutory claims and any state, provincial/territorial, or federal claims, that may arise out of or relate to this TOU may be sent to binding individual (non-class) arbitration to be administered by the American Arbitration Association ("AAA"). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. By agreeing to arbitration, you and PPG understand and agree to waive any rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes.
STANDARD OF CARE. To the extent permitted by law, you agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.
LIMITATIONS ON LIABILITY. To the extent permitted by law, if, for any reason, PPG is judged liable to you, you agree that your recovery will not exceed the greater of $100.00 or the amount you paid to PPG or any of the other Indemnified Parties for the applicable good or service out of which the liability arose or will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.
WE ARE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable for: interruptions of Services caused by problems with any communications network; problems caused by any internet service provider; technical failures of your computer, device or related programs; the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. This list of examples is not exclusive.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Indemnified Parties do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Services be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While reasonable efforts are made to help ensure that all software provided on the Services is suitable for use on a wide variety of computer systems/devices, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system/device. You should ensure that you have a complete and current backup of the information contained on your computer system/device prior to installing any such software.
In the event of any discrepancy or inconsistency between this TOU and disclosures or other statements contained in any websites featured on the Services or linked to on or through the Services, the terms and conditions of this TOU shall prevail, govern and control to the fullest extent permitted by law.
PPG may also allow interaction between the Services and other third party sites such as Twitter, Facebook and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Services that, when used, may allow you to share content from the Services or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. PPG has no control over these third party sites and you use these interaction functions at your own risk. PPG is in no way liable for any harm to you as a result of using one of these interaction functions.
In compliance with your rights under California Civil Code § 1789.3, and other applicable law, you have the right to contact PPG with any complaints or to seek additional information. You may email PPG at firstname.lastname@example.org. You may also call 724-742-5200. For any physical documents, you may send mail to 400 Bertha Lamme Drive Cranberry Township, PA 16066.
If California users have any questions or complaints about PPG, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
TERMINATION BY US. PPG reserves the right to terminate this TOU, the Services, or any portion thereof, in our sole discretion. We may terminate this TOU, the Services, or any portion thereof prior to sending you written notification. For example, we may terminate the User Account of any user who threatens or harasses any other user, or otherwise violates this TOU.
AMENDMENTS. PPG reserves the right to modify the Services and/or this TOU at any time, in our sole discretion, and without prior notice. If you have set up a User Account, we will provide you with a notification of changes to the TOU via an account notification. When you log back into your User Account or otherwise use the Services after that notification is made, you will be prompted again to review the new TOU and agree to it. If you do not agree to the revised TOU, you are no longer authorized to use the Services. Where required by applicable law, we will provide you advance notice at least 30 days before the amendment comes into effect by posting the amended TOU on this page, and where applicable, by sending you notice using any contact information that may be available to us and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. We will indicate at the top of this page the date this TOU was last revised. You may refuse the amendment and rescind, or cancel your participation in the Services without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this TOU, as revised.
If any provision of this TOU is held invalid or unenforceable by any court having competent jurisdiction, the remainder of this TOU shall be enforced to the maximum extent permitted by law. Any invalid or unenforceable part of this TOU shall not impact any other provision of this TOU, and the remaining provisions of this TOU shall continue in full force and effect to the extent permitted by law.
This TOU constitutes the entire agreement of the parties with respect to the Services and supersedes all prior communications, promises and proposals, whether oral, written, or electronic, between you and PPG, with respect to the Services.
If you violate any portion of this TOU, PPG reserves the right, without an obligation to do so, to deny you access to the Services and/or remove any UGC you may have uploaded to or posted on the Services. If PPG terminates your access to the Services, PPG may also delete your User Account. PPG has the right to terminate any password-restricted account for any reason.
PPG's failure to enforce any portion of this TOU is not a waiver of such portion or any other portion of this TOU.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this TOU ends shall survive the termination of this TOU.
This TOU is binding upon you and your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this TOU to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.
PPG does not assume any liability or responsibility for your use of the internet or the Services including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Services.
PPG is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to PPG's computer or network systems, including any PPG hardware or devices that may or may not result in the disclosure of your personal information you provided to us.
Certain software elements of the Services may be subject to U.S. and other applicable export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate any U.S. or other applicable law or regulations.
PPG does not guarantee or promise that any opinions and/or recommendations on the Sites or Apps are accurate or will be helpful to any issue you may have.
YOU AGREE THAT PPG IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on or through the Services.
JQuery Easing v1.3.1
Copyright © 2008 George McGinley Smith
All rights reserved
Copyright © 2011, Tom Coote
All rights reserved
Copyright © 2011 Ovea
Copyright © 2008-2011, Bit Miracle
All rights reserved.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright © 1989, 1991 Free Software Foundation Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing is not allowed.
Version 2.0, January 2004
Isotope PACKAGED v2.2.2
Licensed GPLv3 for open source use
Copyright © 2015 Metafizzy
If you have any questions, comments or concerns about this TOU, the Services, or our products, or if you need to contact us for any reason in general, you may contact us at:
email@example.com / 724-742-5200 / 400 Bertha Lamme Drive, Cranberry Township, PA 16066