TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this Website agree that access to and use of this
Website (including without limitation use of all software, material generated by such software
and, as applicable, associated media, printed materials and "online" or electronic documentation)
is subject to the following Terms and Conditions of Use in addition to all applicable laws. If you
do not agree to these Terms and Conditions of Use, do not use this Website.
Additionally, certain pages of this Website may contain additional terms that govern particular
features or offers. In the event that any of the Terms and Conditions of Use contained herein
conflict with such additional terms or other terms and guidelines contained within any particular
page of this Website, then the Terms and Conditions of Use contained herein shall govern and
control your access to and the use of this Website.
SECTION 1. MODIFICATION OF THESE TERMS AND CONDITIONS OF USE
The Coatings Alliance, LLC (the "Company") reserves the right to change the terms, conditions and
notices under which this Website is offered at any time and from time to time without specific
notice to you. The latest Terms and Conditions of Use will be posted on this Website and you
are responsible for regularly reviewing these Terms and Conditions of Use.
SECTION 2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, neither this Website nor any portion of this Website may be
reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not
expressly permitted by the Company. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from this Website without the express
written permission of the Company. You assume full responsibility for use of the Website. You
agree that your providing of information and/or reliance on any information contained within,
generated by or otherwise arising from your use of the Website is at your own risk. The
Company makes no representation or warranty as to the accuracy, confidentiality, reliability,
usefulness or completeness of any of the information provided to, contained in or generated by
SECTION 3. NOT LEGAL ADVICE OR BASIS FOR DECISIONS
The Company does not accept any liability for the use made by you of the Website. The content
ofthis Website should only be used for information purposes and you should not rely on it to
make (or refrain from making) any decision or take (or refrain from taking) any action. This
Website is not intended to serve as a vehicle for providing legal advice relating to any applicable
laws, nor should it be considered a replacement for consultation with an attorney.
SECTION 4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to the Company that you will not use this
Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.
You may not use this Website in any manner which could damage, disable, overburden, or
impair this Website or interfere with any other party's use and enjoyment of this Website. You
may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through this Website. Harassment in any manner or
form on this Website or through this Website is strictly forbidden. Impersonation of others on
the Website is prohibited. You may not upload to, distribute, or otherwise publish through the
Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense,
violate the intellectual property or other rights of any third party or which may otherwise give
rise to liability or violate any law.
SECTION 5. COPYRIGHT
The entire content included in this Website, including but not limited to text, graphics, logos,
icons, images, audio or software is copyrighted under the United States and international
copyright laws, and is the property of the Company, its content suppliers or the Company's use
thereof has been authorized or licensed by the owner of such content. The compilation of the
content of this Website is the exclusive property of the Company and is protected by United
States and international copyright laws. You may display, and subject to any expressly stated
restrictions or limitations relating to specific material, download or print portions ofthe material
from the different areas of the Website solely for internal use of the Website. Any other use,
including but not limited to the reproduction, distribution, display, posting, mirroring, or
transmission of the content of this Website is strictly prohibited. You further agree not to change
or delete any proprietary notices from materials downloaded from this Website or to modify such
materials in any way.
SECTION 6. TRADEMARKS
All trademarks, service marks and trade names used herein are proprietary to the Company
and/or are licensed to the Company. Such trademarks, service marks and trade names are
protected by common law and/or federal or international trademark law and may not be used in
violation of the Company's or any of its licensors' rights.
SECTION 7. TYPOGRAPHICAL ERRORS
The information regarding the products and services included in or available through this
Website may include inaccuracies or typographical errors. The Company and/or its respective
suppliers may make improvements and/or changes to the information on this Website at any
SECTION 8. LIABILITY DISCLAIMER
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
SUITABILITY, CONFIDENTIALITY, ADEQUACY, USEFULNESS, RELIABILITY,
AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE
FOR ANY PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT
THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR
THE SERVER WHICH MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THIS WEBSITE AND ALL SUCH INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH REGARD TO THIS WEBSITE AND SUCH INFORMATION, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FORA
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING ON THE LAWS OF YOUR
SECTION 9. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY OTHER PARTY
INVOLVED IN CREATING OR DISTRIBUTING THIS WEBSITE BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH
ANY DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS
WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
OR DAMAGES ARISING FROM VIRUSES WHICH INFECT VISITOR'S COMPUTERS,
EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SECTION 10. PRIVACY AND INFORMATION
The Company is committed to protecting your privacy. For more information, you should
The Company does not represent or guarantee the truthfulness, accuracy or reliability of any of
communications posted by other users of this Website or endorse any opinions expressed by such
users. You acknowledge that any reliance on material posted by other users of this Website will
be at your own risk.
The Company does not screen communications in advance and is not responsible for screening
or monitoring material posted by other users of this Website. If notified by a user of
communications which allegedly do not conform to these Terms and Conditions of Use, the
Company may investigate the allegation and determine in good faith and in its sole discretion
whether to remove or request the removal of the communication. The Company has no liability
or responsibility to users of this Website for performance or nonperformance of such activities.
The Company reserves the right to remove communications which are abusive, illegal or
SECTION 11. MINORS
You represent and warrant that you are at least 18 years of age and that you possess the legal
right to use this Website in accordance with these Terms and Conditions of Use. You hereby
agree to supervise usage by, and be responsible for the actions of, any minors who use your
computer and/or Internet account to access this Website.
SECTION 12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors,
employees, agents, licensors and suppliers from and against all claims, injury, liability, losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation
of these Terms and Conditions of Use or any activity related to your use of this Website
(including negligent or wrongful conduct) by you or any other person accessing this Website
using your computer or Internet account.
SECTION 13. LINKS TO THIRD PARTY SITES
This site may contain links to other websites ("Linked Sites"). The Linked Sites are not under
the control of this site and the Company is not responsible for the content of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. The Company is not responsible for webcasting or any other form of transmission
received from any Linked Site. The Company is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the Company of the
The Company has no responsibility or liability for policies or actions on Linked Sites or for
privacy concerns or content of Linked Sites, and you access them at your own risk.
SECTION 14. TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate or refuse your access to this
Website and the related services or any portion thereof, or to terminate your account and/or
cancel orders at any time, without notice, if the Company believes that your conduct violates the
Terms and Conditions of Use contained herein or applicable law or is harmful to the interests of
the Company or its other customers. The provisions relating to copyrights, trademarks,
disclaimers, limitations of liability and indemnification shall survive cessation or termination of
your use of this Website.
SECTION 15. EXPORT CONTROL
The United States of America controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export any information (including software)
to countries or persons prohibited under the export control laws. By downloading any materials
(including any software), you are agreeing that you are not in a country where such export is
prohibited or are not a person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding the import, export or re-export
of products and information obtained from or through this Website.
SECTION 16. MISCELLANEOUS
Your use of this Website shall be governed in all respects by the laws of the State of New York
of the United States of America without regard to conflicts of law principles, and not in any way
by the U.N. Convention on Contracts for the International Sale of Goods (1980). You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating
to this Website (including but not limited to the use of any software or program through this
Website) shall be in the state or federal courts located in Erie County, New York, United States
of America (and agree not to commence any litigation relating thereto except in such courts).
Any cause of action or claim you may have with respect to this Website (including but not
limited to the purchase of products sold by the Company) must be commenced within one (1)
year after the claim or cause of action arises. The Company's failure to insist upon or enforce
strict performance of any provisions of these Terms and Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these Terms and Conditions of Use. The Company may
assign its rights and duties under these Terms and Conditions of Use to any party at any time
without notice to you.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms and Conditions of Use, including without limitation this paragraph. You agree
that no joint venture, partnership, employment or agency relationship exists between you and the
Company as a result of your use of this Website. The Company's performance hereunder is
subject to existing laws and legal process, and nothing contained herein shall be construed to be
in derogation of the Company's right or duty to comply with governmental, court and law
enforcement requests or requirements relating to your use of this Website or information
provided to or gathered by the Company with respect to such use. If any part of these Terms and
Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law
including but not limited to the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
these Terms and Conditions of Use shall continue in effect. Unless otherwise specified herein,
the Terms and Conditions of Use specified herein constitute the entire agreement between you
and the Company with respect to this Website and it supercedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you and the
Company with respect to this Website. A printed version of these Terms and Conditions of Use
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms and Conditions of Use to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
The privacy of your personal information is important to us. We abide by all rules with respect
to the use of your information. We adhere to all established industry guidelines, and we
periodically monitor and enhance how we manage the use and security of consumer information
to uphold your rights.
information that may be collected and stored; how the information is used; with whom the
information may be shared; what choices are available to you regarding collection, use and
distribution of the information; and what kind of security procedures are in place to protect the
loss, misuse or alteration of information under our control.
We may post such links as a way of helping you locate related information and services easily.
other websites may not treat information collected online in the same manner as we do.
What information do we collect?
Our web server automatically recognizes each visitor's domain name and we collect the domain
names of visitors to our Website. We use electronic records to compile statistics about how our
visitors collectively interact with our Website. These statistics contain no personally identifiable
information and are only used by our staff. A domain name does not provide us with personally
identifiable information (such as name, address, email address, telephone number and product
preferences). Our Website is not set up to automatically track, collect, or distribute personally
identifiable information. However, we will collect and use personal information to the extent
you voluntarily input this information, such as when you use certain features of the Website,
when you submit answers or comments, and when you request information or otherwise
participate in online surveys, products or services. Any information you input will be used by us
only for the purposes contemplated by the features, products and services provided on this
Website. Should you voluntarily provide us with personal information, you consent to our use of
it in accordance with this policy and such purposes.
Cookies are bits of electronic information that a website may transfer to a visitor's hard drive to
standard on the internet and many websites use them. Cookies allow us to track the number of
visitors to the Website, to determine whether visitors have visited the Website before, and to
determine patterns or trends of visitors' Website usage. This allows us to update our Website
and make it more useful to our customers and Website visitors.
How do we use the information we collect?
The personally identifiable information we collect is used by us for internal purposes such as
material provided as part of this Website and the features, products and services provided
through this Website. It may also be used by us internally for purposes such as improving our
products or services, learning about customers' needs, contacting consumers for research,
informational and marketing purposes, and enabling online product ordering and billing.
Unless otherwise required by law or if pertinent to a judicial or governmental investigation,
information is not shared with other organizations or persons, other than organizations or persons
with whom or through whom you are using this Website or persons assisting us in collecting,
assembling or processing this information. We do not sell your personally identifiable
information to other companies for their independent marketing purposes and we maintain
physical and electronic safeguards to prevent unauthorized access to your personally identifiable
information, and to protect you against the criminal misuse of that information. We may also use
email addresses and other personally identifiable information to contact visitors who have
communicated with us. While we strive to protect your personally identifiable information, you
should also take steps to protect such information. We urge you to change your passwords often
and make sure that you are using a secure internet browser.
Information submitted or provided to us by a Website user, or any other person or entity,
regarding us or our services, including but not limited to ideas for new products or services, or
modifications to existing products or services, shall be deemed to be non-confidential and we
shall be free to reproduce, use, disclose and distribute such information to others in any manner,
without limitation or attribution.
By using our Website, you consent to the collection and use of the foregoing information by us.
are always aware of what information we collect, how we use it, and under what circumstances
we disclose it.
How do we address children's privacy?
We realize that children may visit this Website, and we encourage children to consult with their
parents before submitting any information to any Website, including ours. However, we believe
that it is ultimately the parents' responsibility to supervise their children's online activities and
consider using parental control tools available from online services and software manufacturers
that help provide a kid-friendly online environment. These tools can also prevent children from
disclosing their names, addresses and other personally identifiable information online without
We do not knowingly permit children under the age of 18 to buy goods or services on our
Website without verifiable parental consent. We do not knowingly collect or solicit personally
identifiable information about children under 18, except with their parent's express consent.
- Use and Protection of Password.
Company may, during the term of this Agreement, provide to a User who needs to
access the Company site to perform functions of daily business activity, a password to access and
logon to the Company site. User shall permit only its authorized agency employees to obtain and
use the password and to access and use the content solely for the purpose of performing functions
of daily business activity with Company. Each user who uses the password will be deemed to be
authorized to access and use the site by User and Company has no obligation to investigate the
authorization or source of any such access or use.
User will be solely responsible for all access to and use of the site by anyone using
the password issued to User whether or not such access to and use of the site is actually
authorized by User, including without limitation all communications, transmissions, transactions,
and obligations (including without limitation financial obligations) that may result from such
access or use.
User will be solely responsible for monitoring the use and protecting the security
and confidentiality of the password. User will immediately notify Company of any unauthorized
use of the password, or any other breach or threatened breach of the site's security
User shall immediately notify Company of any threatened or actual damage,
hacking, security breach, or other unauthorized or illegal intrusion or use of the Company site by
any former or existing employee of User. User shall hold the password in strict confidence and
shall not permit any authorized agency employees to use, disclose, or distribute such information
to any person or entity, including without limitation any competitor of Company or any of its
affiliates, except as expressly permitted under this Agreement.
- Terms and Conditions of Use.
User's use, and the use by each user who uses User's password, of the site
shall be subject to Company's Terms and Conditions of Use posted on the site, which are
incorporated herein in their entirety by this reference, including without limitation the Liability
Disclaimer and Limitation of Liability.
Notwithstanding anything else to the contrary, User shall indemnify, defend, and
hold harmless Company, its officers, directors, employees, agents, and customers from and
against all claims, injury, liability, losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting, directly or indirectly, from any activity related to or arising from User's
use of the site, any of User's employee(s) use of the site, and/or any use of the site by any person
using User's password.
Company may, in its sole discretion, immediately suspend, terminate or refuse
access to the site and the related services or any portion thereof, or terminate User's password, at
any time, without notice, if Company believes that User's use of the site violates this Agreement
or applicable law or is harmful to the interests of Company or its other customers.
- Accuracy of Data.
Company shall not be responsible for the accuracy of the data entered into the site
or supplied to Company by third parties. User's reliance on any information contained within,
generated by or otherwise arising from use of the site is at User's own risk. While Company
shall work to ensure that data entered onto the site by Company is current and accurate, the
information regarding the products and services available through the site may include
inaccuracies or typographical errors. If a product or service is listed incorrectly, Company shall
have the right to cancel or refuse any orders placed for such product listed incorrectly, whether or
not the order has been confirmed or charged. If User's account has been charged and its order is
canceled, a credit will be issued in the amount of the charged price. Company and/or its
respective suppliers may make improvements and/or changes to the information in the site at any
time. Information regarding products and services, including their availability and appearance,
price and specifications are subject to change without notice. Company shall have the right to
modify any information listed on the site at any time, without notice to User. Company makes no
representation or warranty as to the accuracy, confidentiality, reliability, usefulness or
completeness of any information contained or generated from use of the site.
User shall have the sole responsibility to ensure that its computer systems are not
used to gain unauthorized access to the site, or to Company's computers systems. User's
responsible for establishing and maintaining appropriate security devices (firewalls, etc.) to
prevent such unauthorized access. User will use its best efforts to ensure its use of the site is free
of all known viruses or other functions designed to create unauthorized access to or interruption
in the proper functioning of the website. User shall be responsible for any damages Company
incurs as a result of User's failure to comply with the provisions of this section.