PPG Architectural Coatings

Privacy Policy

Effective Date: 2/7/2015

This Privacy Policy covers the following affiliated companies and brands in the PPG Architectural Coatings family: PPG Architectural Finishes, Inc., PPG Architectural Coatings Canada, Inc., PPG Architectural Coatings (Puerto Rico) Inc., 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, Sikkens® ProLuxe™* architectural wood products, and Nautica At Home. These entities and brands are collectively referred to as “PPG,” “We,” “Us,” and “Our” throughout this policy. This privacy policy applies to the collection and use of information by PPG on the www.ppgac.com, www.ppgpaints.com, www.olympic.com, www.voiceofcolor.com, www.ppgporterpaints.com, www.ppgpittsburghpaints.com, www.menards.pittsburghpaints.com, www.glidden.com, www.gliddenprofessional.com, www.flood.com, www.sico.ca, www.cil.ca, www.liquidnails.com, www.dulux.ca, www.1754paint.com, www.perfectwoodstains.com, Disney.glidden.com, www.gliddenPR.com, and www.nauticapaint.com websites (“Web sites”), but does not apply to information which you may send to us by other means. By using the Web sites or by choosing to submit personal information to PPG, you signify your consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use the Web sites or submit any personal information to PPG

At PPG, We are committed to protecting the privacy of the users of Our Web sites. We take reasonable steps to protect data against unauthorized access.

1. How We Collect Personal Information

Personal information is information about an identifiable individual, such as your name, address, telephone number or email address. We collect personal information when you voluntarily provide it through Our Web sites. For example, if you place an order through the PPG Online Store, We will collect your name, address, email address, telephone number, and, if required to make a purchase, financial account information. We will use this information for the purpose of fulfilling your online order.

2. How We Use and Disclose Personal Information

The personal information We collect may be used by Us for the purposes for which it was collected, as provided in this Privacy Policy, or for other purposes that are disclosed to you and to which you consent. For example, We may use or disclose your personal information to:

We may transfer your personal information to third party service providers that assist Us with carrying out these purposes. For example, We may use a data processing contractor to send you information on Our behalf.

We reserve the right to transfer any personal information We have about you in the event that We merge with or are acquired by a third party. We may also disclose your personal information to third parties if We have reason to believe 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 Us; or (iii) to protect Our rights, safety or property. Lastly, We may disclose your personal information for any other purpose to which you consent.

We may also use your personal information to investigate security breaches or cooperate with government authorities pursuant to a legal matter.

3. Information Collected Automatically by PPG Web Sites

We may use third party service providers to analyze how users move around Our Web sites to provide you with a more streamlined web experience, and provide you with 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 personal information you may provide, such as your email address.

4. Cookies and Related Technologies

Our Web sites may use “cookies“, which are small pieces of information that a web site stores on a visitor’s web browser to remind the site about the visitor the next time he/she visits the site. Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including PPG Web sites, to customize your experiences on the sites and gather information about your navigation of the sites. PPG cookies do not store information that identifies you personally.

PPG uses browser cookies, Flash cookies, web beacons, and social network plug-ins. Certain vendors may place and read cookies on Our Web sites to help Us deliver PPG marketing messages on Our Web sites and web sites you visit after you leave Our Web sites.

You can manage how cookies are used. Most Web 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 www.adobe.com/go/settingsmanager, 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.

For more information on Our use of cookies and related technologies, including ways to opt-out of certain tracking, please visit our Cookies and Related Technologies page (http://www.ppgac.com/privacy-policy).

5. Links to Other Sites

While on Our Web sites, you may choose to follow links to other web sites. Be aware that other web sites may collect and use personal information differently than Our Web sites and operate in accordance with their own privacy policies. PPG expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet sites linked to our Web site.

6. Children

We do not knowingly collect or use information on children under the age of 18 and the Web sites are neither directed at children nor intended for them. If you become aware that a child under the age of 18 has provided Us with personal information, please notify Us immediately.

7. How We Protect Personal Information

The security of your personal information is important to Us. We protect personal information by maintaining physical, organizational and technological safeguards (appropriate to the sensitivity of such personal information) to help protect against unauthorized use, disclosure or access.

Personal information may only be accessed by persons within Our organization, or Our 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. Personal information We collect is maintained with the source of the information in the United States.

We retain personal information that We collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. We have retention standards which meet these requirements. We destroy personal information when it is no longer needed for the purposes for which it was collected.

Although We have taken reasonable and prudent measures to protect Our Web sites, computer systems and any personal information We have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. As a result, while We are committed to protecting personal information, We cannot ensure or warrant the security of any information you provide to Us.

Some or all of the personal information We collect 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. Subject to applicable laws in such other jurisdictions, We will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the personal information.

Access and Rectification

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to Us and would like to have access to it, or if you would like to have it removed or corrected, please contact Us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases We may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, We will provide you with a reasonable explanation of why it is not possible to grant access to your personal information.

Changes to This Policy

We reserve the right to make changes to this privacy policy, so check back periodically to stay up to date on Our data collection, use, and disclosure practices. We will reflect any modifications to this Privacy Policy on Our Web sites and will indicate at the top of this page the date this Privacy Policy was last amended. Your continued access to and/or use of Our Web sites after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Privacy Policy, as revised. Please periodically review this Privacy Policy so that you know what personal information We collect, how We use it, and with whom We may share it.

How to Contact Us

If you have any questions regarding this Privacy Policy, any personal information you have submitted to Us, or if you would like to:

Please advise Us by contacting contact@ppgac.com.

COOKIES AND RELATED TECHNOLOGIES

“Cookies” are small pieces of information that a Web site stores on a visitor’s web browser to remind the site about the visitor the next time he/she visits the site. Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including PPG Web sites, to customize your experiences on the sites and gather information about your navigation of the sites.

Browser Cookies: Browser cookies are used by PPG and its partners for targeted marketing activities and Web site analytics. Browser cookies are placed on Our Web sites by Us as well as third-parties. The information that We collect and share does not contain customer or consumer names, addresses, telephone numbers, or email addresses.

Flash Cookies: PPG uses Flash cookies on certain PPG Web sites for purposes such as map functionality and animations but does not collect personal information.

Web Beacons: PPG uses Web Beacons to help manage online advertising and site 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 Web Beacon is programmed to collect your computer’s IP Address and certain other limited information when you are on our Web site. We do not collect your name, e-mail address, or telephone numbers using this technology. For example, with online advertising campaigns, Web Beacons enable third parties to recognize a cookie on your Web browser, which in turn enables us to learn which advertisements bring unique users to Our Web sites from other locations on the Web.

Social Network and other Third Party Plug-ins and Widgets:  PPG Web sites also include social network or other third-party plug-ins and widgets that may provide information to their associated social networks or third-parties about the Web sites you visit, even if you do not click on or otherwise interact with the plug-in or widget and regardless of whether you have an account or other relationship with these social networks and third-parties. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address and the URL of the web page where the plug-in or widget appears. If you use social network tools or visit social networking sites, you should read their privacy disclosures, to learn what information they collect, use, and share.

Opt-Out of Cookies

You have choices about whether certain information collected on websites, including PPG’s, 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 Our Web 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, or 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 www.adobe.com/go/settingsmanager, 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: 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 Web site or register to receive emails.

PPG TERMS OF USE

LAST MODIFIED:  2/7/2015

This Terms of Use Agreement (“Terms of Use“ or “Agreement”) explains your rights and obligations in using this website and/or mobile application (such website and/or mobile application, and all activities thereon, constituting the “Services”).  Please read this Agreement carefully.  By continuing to use the Services, you are agreeing to these Terms of Use. 

These Terms of Use include important agreements about your rights and the rights of the following affiliated companies and brands within the PPG Architectural Coatings family: PPG Architectural Finishes, Inc., PPG Architectural Coatings Canada, Inc., PPG Architectural Coatings (Puerto Rico) Inc., PPG Paints®, PPG Pittsburgh Paints®, PPG Porter Paints®, Pittsburgh Paints & Stains™, Olympic® Paints & Stains, The Voice of Color®, Glidden®, Flood®, Sico®, CIL®, Liquid Nails®, Dulux®*, Devoe®* architectural and light duty coatings, Sikkens® ProLuxe™* architectural wood products, and Nautica At Home (collectively “PPG”), including, where permitted by the applicable law, a binding agreement about how to resolve any disputes between us. See About How We Will Resolve Disputes Between Us below.

These Terms of Use will also govern any dispute between us in connection with the PPG Privacy Policy.

I. ABOUT AVAILABILITY OF THE SERVICES

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. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS ARE“ AND “AS AVAILABLE,“ AND WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES, 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 WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF PPG. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES 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.

THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES. 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.

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 (“Account Information” in an “Account”).  Our provision of any such interactivity is a Service, and governed by these Terms of Use.

Certain features and/or portions of this Services or your Account may password-protected and require you to complete a registration process in order to obtain access and/or 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, Account, or any such features of the Services. It is your responsibility to keep the password provided to you confidential and secure. In the event that your password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at contact@ppgac.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

SERVICES SUBJECT TO CHANGE.  You agree that we may change or discontinue the Services, or any component thereof, in our sole and absolute discretion and without prior notice. 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 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. 

II. ABOUT YOUR ELIGIBILITY FOR THE 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 an 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.

III. ABOUT YOUR RESPONSIBILITY FOR THE SERVICES

YOUR LIABILITY.  You are fully responsible for how you use our Services. You agree to release and indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents (“Released Parties“) from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

IV. USER CONTENT AND CODE OF CONDUCT

Certain features and/or portions of the Services may permit you to upload, post or otherwise transmit content that you have created (the “User Content“).

V. ABOUT INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY.  You acknowledge and agree that PPG or its third party licensors own the contents of the Services and all copyrights, trademarks and other intellectual property therein, as well as all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, PPG's ownership (or that of its licensors) in and to such content. Nothing contained in the Services or in these Terms of Use 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 these Terms of Use, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content. PPG hereby grants each user of the Services a limited, non-exclusive and revocable license to use the Services in the manner explicitly set out in the Services or PPG websites. For greater certainty, this limited license only allows you to view, download or print materials from the Services provided all original copyright, trade-mark 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.

GRANT OF LICENSE.  You may not post, submit, or transmit any content that violates any applicable law, regulation, or rule. You are solely responsible for any content that you post. 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 user-contributed content.

By posting, submitting, or transmitting any User Content or other content to us via e-mail or to or through our Services, you hereby grant PPG a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, modify, edit, translate, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world. This right is fully assignable by PPG without prior notice. Further, you waive all moral rights in and to all User Content or other content that you post on, upload or otherwise submit to or through, the Services or otherwise provide to PPG in favour of PPG and anyone authorized by PPG to reproduce or otherwise use such material. PPG shall be free to use all such User Content and other content on an unrestricted basis. 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 User Content (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.

Copyright Notice Policy.  PPG respects the intellectual property rights of others and expects its users to do the same. PPG may remove content that in its sole discretion appears to infringe the intellectual property rights of others and terminate the website access privileges and or receipt of Services of those who are repeat infringers of the copyright rights of others. If you believe that any content infringes your intellectual property rights, please notify PPG’s Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property 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; (3) 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; (4) your address, telephone number, and e-mail address; (5) 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 (6) 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 Copyright Agent is Ladas & Parry LLP and can be reached at the following contact information for a notice of copyright infringement:

Address: 1040 Ave. of the Americas, New York, NY, 10018
Telephone: 212-708-1800
Fax: 212-246-8959
E-mail: ppgtrademarks@ladas.com

VI. ABOUT HOW WE WILL RESOLVE DISPUTES BETWEEN US

DISPUTE RESOLUTION -- VENUE.  You agree to be subject to the jurisdiction of state or federal courts located in Allegheny County, Pennsylvania. You agree that any dispute between you and us will be resolved in state or federal courts located in Allegheny County, Pennsylvania to the exclusion of any other potential venue.

NO CLASS ACTIONS; NO JURY TRIAL.  This clause does not apply to residents of the provinces of Ontario or Quebec. To the extent permitted by the applicable law, 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.  This clause does not apply to residents of the provinces of Ontario or Quebec. To the extent permitted by the applicable law, you and we agree that at the election of either party, any dispute between us 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.

STANDARD OF CARE.  To the extent permitted by the applicable 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 the applicable law, if, for any reason, we are judged liable to you, you agree that your recovery 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’RE 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 Service interruptions caused by problems with any communications network; for problems caused by any Internet service provider; for your computer or device, or its or their programs failing; for 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. These are only examples.

VII. ELECTRONIC TRANSMISSIONS

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 Released 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, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

VIII. PRIVACY

Without limiting the generality of these Terms of Use, your use of the Services is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Services, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

IX. LINKS AND OTHER SITES

The Services may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit. Any links from the Services to other websites, or references to products, services or publications other than those of PPG, do not imply the endorsement or approval of such websites, products, services or publications by PPG. In the event of any discrepancy or inconsistency between these Terms of Use and disclosures or other statements contained in any websites featured on the Site or linked to the Site; the terms and conditions of these Terms of Use shall prevail, govern and control to the fullest extent permitted by law.

X. ABOUT CHANGES TO THIS AGREEMENT

TERMINATION BY US. We reserve the right to terminate this Agreement, the Services, or any portion thereof, in our sole discretion. We may terminate this Agreement, the Services, or any portion thereof prior to sending you written notification. For example, we may terminate the account of any user who threatens or harasses any other user.

If these Terms of Use or your permission to use the Services (or any feature or portion thereof) is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Services.

AMENDMENTS. We may change the Services and/or this Agreement at any time, in our sole discretion. If you have set up an account, we will provide you with notification of changes to the Terms of Use in advance via an account notification. If you log back into your account or otherwise use the Services after that notification is made, you will be deemed to have accepted the changes to the Terms of Use.

XI. GENERAL

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use are binding upon you and your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.

XII. CONTACT INFORMATION

If you have any questions, comments, or concerns about our Terms of Use, the Services, or our products, in general, you may contact us at:

contact@ppgac.com