Terms of Service

TERMS OF USE

I.  THE SITE

A. Legal Contract
Welcome to the website (the “Site”) of Building Materials Corporation of America, doing business as GAF (“GAF” or “we/our/us”).  These terms constitute a legal agreement between you and GAF. 

These Terms of Use govern your use of the Site.  We reserve the right to revise these Terms of Use at any time without further notice. Your use of the Site after such changes constitutes your agreement to the new policies. You should periodically read this policy to learn of any revisions. Your use of the Site at any time is deemed to constitute your agreement to all of the Terms of Use then in effect. If you do not agree to these terms, please do not use the Site.  IF YOU DO NOT AGREE, DO NOT USE THIS SITE!

B. Changes to the Terms of Use
We may change these Terms of Use at any time. You are responsible for checking the Terms of Use from time to time. Your continued use of this Site signifies your acceptance of the most recent Terms of Use then in effect. 

C. Electronic Communications
When you visit our Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. 

D. Changes To This Site/Right To Terminate/Sale of Company
We may change or discontinue this Site or any feature on it at any time with or without notice. GAF may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties.  In the event that GAF is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume GAF' obligations as to these Terms of Use and associated Privacy Policy. 

E.  Access and Availability of Services and Links
The Site may contain links to other websites.  Interactions that occur between you and the third party sites are strictly between you and such sites, and are not the responsibility of GAF. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their sites. GAF does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. We encourage you to read those third party sites’ applicable Terms and Privacy Policies.

F. Indemnification
To the extent that you violate any of these Terms of Use, you agree to indemnify and hold harmless GAF as to the civil and/or criminal consequences of your actions, including costs and attorney fees where relevant.

G. Choice Of Law; Arbitration
These terms of use shall be governed by the law of the State of New Jersey, and subject to binding arbitration by a three-person panel in New Jersey under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and GAF relating to or arising out of your use of this Site. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. However, nothing in this mandatory arbitration clause shall limit a party from seeking any equitable relief from a court of proper jurisdiction in New Jersey. 

II. YOUR RESPONSIBILITIES

A.  Intellectual Property and Site Materials

i. Copyright

Unless otherwise stated, all content on this Site, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of GAF or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. GAF grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content.  This limited license does not apply to any copyrighted materials on this Site that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.

GAF grants to distributors, sellers, re-sellers, and similar entities a limited license to use and display GAF Site materials in works such as brochures and websites, provided that it is clear that the GAF are manufactured by GAF.  See subsection B below for additional information and requirements concerning logos, trademarks, and images.   

ii. Trademarks

GAF.COM and other GAF graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of GAF or its subsidiaries. GAF trademarks and trade dress may not be used in connection with any product or service that is not GAF’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GAF.  All other trademarks not owned by GAF or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GAF or its subsidiaries.

iii. Copyright Complaints

If you believe that your work has been used on our Site in a way that infringes your copyright, please contact us at the address listed below. 

iv.  Additional terms

You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Site. You may not use any meta tags or other hidden text that includes GAF trademarks or trade names. You may not use the Site for any unlawful purpose.

You agree that any information, feedback, questions, and / or comments ("Submissions") that you make to us via this Site will be considered non-proprietary and non-confidential. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.

B. Logos, Graphics, and Downloadable Photos
On the “Logos, Graphics, and Downloadable Photos” page of the Site, GAF provides a collection of logos, trademarks, and images (“Images”) that GAF customers can use to develop their advertising, including but not limited to, their brochures, ads, posters, and other advertising.  The Images are proprietary to GAF.  GAF grants to GAF customers a non-transferable, non-exclusive license to use the Images solely for purposes relating to the promotion and sale of GAF products.  All other uses are prohibited.  You may not sell, lease or distribute copies of the Images to others. You may not copy any portion of the Images for the purpose of alteration (except that you may change the overall size of a logo as necessary to fit your particular graphic need). You may not modify or otherwise alter the content of the Images. You agree to use the trademarks of the Images only in a manner consistent with the principles of proper trademark usage.  GAF may revoke this license at any time without prior notice, and all use of the Images must cease.
You acknowledge that GAF owns the Images and that the Images are distinctive and indicate the source of GAF’s products that bear the Images. You agree not to challenge the validity of or GAF’s title to the Images, and not to oppose or petition to cancel any applications filed or registrations received for the Images. All rights created by or arising from use of the Images shall be and remain the sole and exclusive property of GAF. You shall not attempt to register or claim rights in the Images alone or as part of another mark in the United States or foreign jurisdictions. Except as stated above, these Terms of Use do not grant you any intellectual property rights in the Images, or to any patents, trademarks, copyrights or other intellectual property rights owned or licensed by GAF.
No Warranty. The Images are being supplied to you AS IS.  GAF MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE IMAGES. GAF SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE.

C. Prohibited Conduct 

You may use this Site for lawful purposes only. You may not submit or transmit through the Site any material or engage in any conduct that:

1. violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortiously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
4. forges e-mail headers or otherwise disguises the origin of any communication;
5. victimizes or harasses, degrades, or intimidates any individual or group of individuals;
6. impersonates any person, business or entity including GAF and its employees or agents;
7. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm GAF’s or a third party's computer system;
8. allows for you or any third party to unlawfully access the computer of a third party or a computer network;
9. encourages conduct that constitutes a criminal act or that gives rise to civil liability;
10. violates these Terms of Use or any policy posted on this Site or otherwise interferes with the rights of others.

You further agree that you will not post or transmit any photograph of another person without that person's consent.  You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Site.  You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use. 

D. Information Provided On The Site
We take reasonable efforts to ensure that information posted on the Site is accurate, correct, and updated.  Please note that despite our efforts, we do not warrant that all content is current, complete, or accurate, and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details. 

E. Privacy Policy
Please read our Privacy Policy, which also governs your visit to our Site.

F. Children
This Site is not intended for children. Anyone under the age of 18 should not use it in any way.

III. ADDITIONAL TERMS

A. E-mail
You may sign up to receive e-mail from GAF by providing your email address and other information to us.  While we attempt to ensure that all information in any e-mail we distribute is accurate, we do not warrant that the information will be error free and reserve the right to reject any order or request based on inaccurate or out of date information. 

B. Photos
We may publish on the Site photographs that we think you may enjoy.  While GAF has authority to use these photos on line, any individual in the photographs not employed by GAF could object if you make any further publication or distribution. Such conduct would also violate the Copyright provisions of this Site as described more fully below.

C. Downloads and Uploads
The Site may also offer the opportunity to upload content to and/or transmit content. You agree that your uploading and/or transmittal of content does not violate any of provisions set forth herein.  If you upload content to the Site and/or transmit content from the Site, you grant to GAF a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, create derivative works (including products) from, distribute, and display such content throughout the world in all media. You grant to GAF the right to use the name that you submit in connection with such content. You warrant that you own or otherwise control all of the rights to such content, that it is accurate, and that its use does not violate this policy and will not injure any person or entity. GAF has the right but not the obligation to monitor, edit, and remove any posted content, and assumes no liability for any such content.

IV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GAF DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GAF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GAF DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. GAF WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.  SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.

V. CONTACTING US

If you have questions or comments about these terms of use, please contact:

Building Materials Corporation of America d/b/a GAF
1361 Alps Road
Wayne, NJ  07470
http://www.gaf.com
1-888-532-5767
ResidentialSales@gaf.com

Last Updated: June 11, 2010