TERMS OF USE

BY USING, ACCESSING OR DOWNLOADING MATERIALS FROM OUR WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”).

This Agreement governs your use of this website (the “Website”) operated by Boral Industries Inc. and/or its North American subsidiaries and affiliates (“we” or “us”).

Last Modified: October 11, 2019

1. GENERAL

Please note that by accessing, viewing, using, or downloading materials from the Website, you agree to be legally bound by all of the terms, conditions and notices contained or referenced in this Agreement. The Website is available to people residing in the United States and Canada who can form legally binding agreements under applicable law. Access to the Website may be prohibited in certain countries outside the United States and Canada. If you access the Website from outside the United States and Canada, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.

We may revise the information on the Website or otherwise change or update the Website, including this Agreement. If we make changes to this Agreement, we will post notice of the modifications to the Agreement on this page. Please check the “Last Modified” legend at the top of this page to see when this Agreement was last revised. Changes will become effective no sooner than fourteen days after they are posted. Nevertheless, if the changes are required by law, then they will be effective immediately. A current version of this Agreement showing the last modified date is available at this location. We encourage you to periodically review this Agreement to see if there have been any changes to our policies that may affect you. We may also make improvements and/or changes in products described on this Website, add new features, or terminate this Website at any time without notice. If you do not agree to the Agreement as modified, then you must discontinue your use of the Website. Your continued use of this Website will signify your continued agreement to this Agreement as it may be revised.

2. TERMS OF SALE

Please note that if you purchase any products from us, the applicable Terms of Sale for those products apply to your purchase. Click Here to consult the Terms of Sale.

3. PRODUCT, SERVICE AND TECHNICAL INFORMATION

We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, recommendations and other information made available on the Website, including specifications regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

In spite of all our efforts, errors may occur and, in such event, we shall make reasonable efforts to bring these errors to your attention and correct them as soon as possible. We reserve the right to cancel, terminate or not process an order if the price or any other important information on the Website is incorrect. If we do not process an order for this reason, we will notify you that the order has been canceled and we undertake, either not to charge you the amount of the order, or to credit you, depending on the type of payment used, in accordance with the applicable Terms of Sale.

4. USER-SUBMITTED INFORMATION AND GRANT OF LICENSE

You must exercise caution, good sense and sound judgment in using this Website. You are responsible for any material and information you transmit to us through the Website (or through email) (“User Content”). You agree, represent and warrant that any User Content you transmit to us through the Website (or through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content.

We do not want you to, and you should not, send any confidential or proprietary User Content to us through this Website unless specifically requested by us. Please note that any unsolicited User Content sent to us will be deemed not to be confidential or proprietary.

By submitting User Content, other than personally identifiable information, through this Website, you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, irrevocable, and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such User Content; and (c) to the extent included with any User Content, use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Content. You also hereby grant each user of the Website a non-exclusive license to access through the Website User Content submitted by you, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement. You also agree that we are free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

You shall not upload, post or otherwise make available on or through this Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

5. REGISTRATION

You are not obligated to register with us in order to access this Website. However, certain sections and features of this Website, such as certain features of the Design Tool feature or ordering process, are available only to visitors to this Website who have registered for user IDs and passwords (“Registered Users”). If you are a Registered User, you agree to accurately maintain and update any information about yourself that you have provided to us. If you do not maintain such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Website. You further agree that you are responsible for all activities that occur under your Registered User account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of this Agreement. You may only have one active Registered User account on this Website at any given time and only you may use your designated account to access the Website. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Website by emailing us at the Contact Us information provided on the Website. In addition, you agree to exit from your Registered User account at the end of each session. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

6. INTERACTIVE FORUMS

We may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on the Website. Forums are intended to serve as discussion centers. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Website and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. We and our designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

7. PRIVACY

Any personal information you provide on the Website will be used by us in accordance with the Website Privacy Notice.

8. WEBSITE SECURITY

You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. We reserve the right to investigate any alleged or suspected violations and if a criminal violation is suspected, we have the right to cooperate with law enforcement agencies in their investigations.

9. UNAUTHORIZED USE OR ACCESS

Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

• Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
• Impersonate any person or entity, including, without limitation, impersonating any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
• Disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website;
• Interfere with or disrupt the operation of the Website or others’ use of the Website in any way (including without limitation by hacking or defacing any portion of the Website);
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
• Use the Website for any fraudulent or unlawful purpose;
• Violate any applicable laws or regulations; or
• Assist or permit any persons in engaging in any of the activities described above.

10. OUR INTELLECTUAL PROPERTY RIGHTS

COPYRIGHT

Content made available on this Website, including information, data, software, images, photographs, videos, and other material (collectively “Site Content”) is protected by copyright, and, except as set forth below, the use of any Site Content available on this Website is strictly prohibited. No Site Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use Site Content purposely made available by us for downloading from this Website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information pursuant to any licenses associated with such Site Content, (3) do not copy or post such information on any networked computer or broadcast it in any media, (4) make no modifications to any such information, and (5) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of this Website or features that prevent or restrict use or copying of any Site Content.

Any unauthorized use or modification of any of the Site Content available on this Website is a violation of the copyrights and other proprietary rights of us (or any of our affiliate entities), or other copyright owners where so indicated. Permission for all other uses of Site Content contained herein, including reproducing and distributing multiple copies or using Site Content on any other website or networked computer or linking to any page at this Website except the “home page” of this Website must be obtained from us or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from us should be submitted via an email at the Contact Us information provided on the Website. All design rights, databases and compilation and other intellectual property rights associated with this Website, in each case whether registered or unregistered, and related goodwill, are proprietary to us (and our affiliates). Except as otherwise expressly authorized herein or in writing in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Site Content.

TRADEMARKS

All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of the Boral entities or third parties whether or not appearing in large print or with the trademark symbol, belong exclusively to the applicable Boral entity or their respective owners and are protected under national and international trademark and copyright laws. Except as otherwise permitted on the Website, you are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging and designs without the prior express written consent of the owner of such mark.

11. PROMOTIONS

Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Notice which, in addition to this Agreement, governs any information you submit in connection with such activities.

12. LINKS TO AFFILIATE OR THIRD-PARTY WEBSITES

We may provide on this Website, solely as a convenience to users, links to websites operated by our affiliates or other entities. If you use these websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of any Boral entity.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE (INCLUDING APPLICABLE PRIVACY POLICY) APPLICABLE TO SUCH SITES AND RESOURCES.

13. THIRD-PARTY CONTENT

Any information, statements, opinions or other information provided by third parties (“Third Party Content”) and made available on this Website are those of the respective author(s) and not any Boral entity. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other Third Party Content on the Website other than those from an authorized representative of a Boral entity acting in his/her official capacity. Under no circumstance will we be liable for or in connection with any loss or damage caused by your reliance on any Third Party Content.

14. MONITORING

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on the Website or any Forum; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect us, and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

15. SOCIAL NETWORKING PAGES

We maintain a presence on several social networking platforms, including facebook.com, youtube.com and twitter.com, (collectively, “Social Networking Pages”) to provide a place for people to learn more about us and to share experiences with our products. All comments, visuals and other materials posted by visitors to our Social Networking Pages do not necessarily reflect the opinions or ideas of the Boral entities. All visitors to our Social Networking Pages must comply with the respective social networking platform’s Terms of Use. We review some but not all postings to our Social Networking Sites, and we reserve the right to remove any postings that we have determined are inappropriate or offensive.

16. TERMINATION

We may terminate your use of this Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all Site Content obtained from this Website and all copies thereof. The provisions of this Agreement concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to this Agreement, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

17. DISCLAIMER OF WARRANTY

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE LIMITED EXPRESS WARRANTIES APPLICABLE TO THE PRODUCTS ARE PROVIDED IN THE APPLICABLE TERMS OF SALE OR ON THE WEBSITE FOR THE PRODUCTS.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

19. INDEMNITY

You agree to indemnify, defend and hold us and our directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with this Website; or (iii) unsolicited information or User Content you provide to us through the Website.

20. GENERAL AUDIENCE SITE

This Website is intended for use only by persons over the age of 18. We do not seek to collect information about children under the age of 18. If you are under 18 years of age, please do not use or access this Website at any time or in any manner. By using the Website, you affirm that you are over the age of 18.

21. EFFECT OF INVALIDITY

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

22. JURISDICTIONAL ISSUES

We make no representation that materials in the Website are appropriate or available for use in any particular jurisdictions or locations. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited.

If you are located in the United States, you agree that any dispute in connection with the Website, this Agreement will be governed by the laws of the State of Delaware and the United States of America.

If you are located in Canada (other than the province of Quebec), you agree that any dispute in connection with the Website, this Agreement or the Privacy Notice will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. You also consent to the adjudication of any disputes arising in connection with the Website, this Agreement or the Privacy Notice in the Superior Court of Justice for the province of Ontario, sitting in Toronto, Ontario.

If you are located in the province of Québec, any dispute in connection with the Website, this Agreement or the Privacy Notice will be governed by the laws of the province of Québec and the federal laws of Canada applicable therein. You also consent to the exclusive jurisdiction of the Courts of the district of Montreal to adjudicate any dispute arising in connection with the Website, this Agreement or the Privacy Notice.

23. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

24. CONTACT

If you have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us at the Contact Us information provided on this Website.