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Legend Brands, Inc. (“COMPANY”) maintains this website located at https://www.legendbrandseurope.com and its associated websites, web pages, content and other materials to which these Website Terms of Use are linked (collectively, the “Site”) to provide users (also, “you”) with information about the COMPANY, its industry and its products. Your access to and use of the Site is subject to these Website Terms of Use, our Privacy Policy, located at https://www.legendbrandseurope.com/en/privacy-policy/, and all applicable laws. By accessing the Site, you agree to, without limitation, these Website Terms of Use and our Privacy Policy. You should review the most current version of the Website Terms of Use and Privacy Policy frequently, as they may be modified from time to time, and the terms, as modified, will govern your use of the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter, and your continued use of the Site after we make changes is deemed acceptance of those changes. Any new features that augment or improve the Site shall also be subject to these Terms of Use and Privacy Policy of the Website.
You may browse the Site, access periodic company electronic newsletters, technical libraries, view product catalog(s), submit questions, participate in contests, promotions, surveys or other services, and view any other information contained on the site. This and all other COMPANY approved materials available on the Site are referred to as “Licensed Content.” You may view and print portions of the Licensed Content for your own internal use, but not for resale or other commercial exploitation and not for use other than as set forth in these Website Terms of Use and the Privacy Policy. Any other use of the Licensed Content without the prior written approval of COMPANY is strictly prohibited.
While COMPANY uses commercially reasonable efforts to provide accurate information, the industries of which COMPANY is a part and the jurisdictions in which COMPANY operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Therefore, the information contained on the Site may not be current or accurate. Because many factors go into the purchasing decision process for a given product and each person's particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. The COMPANY cannot ensure or guarantee, and does not warrant, that the Licensed Content is accurate, will meet your particular needs or requirements or that any recommendations, regulations or other information provided will be complete, accurate or current for your specific needs (see our disclaimer of warranties in Section 10 below). Each claim or statement regarding the effectiveness of COMPANY's products and/or claims or statements comparing the effectiveness of COMPANY's products with that of others is expressly limited to the country of applicability referenced on the Site and, if no country is referenced, the United States. If a product or sample offered by COMPANY through the Site is not as described, your sole remedy is to return it in its original, unused form and receive a replacement of the product you purchased or a refund of the price you paid. Product description and prices are subject to correction and change. COMPANY may refuse or cancel orders for products placed at an incorrect price, or based on erroneous promotional terms, whether or not the order has been confirmed. Sales made through the Site, if any, are governed by the COMPANY's Standard Terms and Conditions of Sale and/or Invoice Terms and Conditions.
If you choose to upload, post, distribute, submit or otherwise publish any content on or through the Site (“Submitted Content”), you represent and warrant that you are the sole and exclusive author and owner of such Submitted Content and all rights thereto. copyright, patent and patent rights, trademark, trade secret, right of publicity, right of privacy and other proprietary rights (collectively, “IP Rights”) therein and waive any “moral rights” you may have about such Submitted Content; that all Content submitted is accurate; that neither the Submitted Content nor the use thereof will violate these Website Terms of Use, the COMPANY Privacy Policy or any law or regulation; and that you are an adult (i.e., at least the age of majority in your jurisdiction and therefore not a “minor”). For the avoidance of doubt, you specifically agree that no Submitted Content will: be false, inaccurate, incomplete or misleading; infringe, misappropriate or otherwise violate the Intellectual Property Rights of a third party; violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, hateful, offensive to others based on race, religion, ethnicity, gender, sexual identification or orientation, or unlawfully threaten or harass any person or other party; have been previously sold, transferred, licensed or otherwise conveyed, in whole or in part, to you or by you to a third party in exchange for monetary or other consideration; or contain any malicious code, computer virus, malware or other computer program or file intended to damage, destroy or freeze other computer software, hardware or data or expose it to attack, destruction or disabling.
You grant COMPANY a perpetual, irrevocable, royalty-free, transferable, worldwide right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, distribute, publicly display and perform, sell and/or otherwise transfer, in whole or in part, the Submitted Content and/or incorporate it into any form, media or technology and convey such right and license to any third party without compensation to you.
You acknowledge and agree that all Submitted Content may be used or deleted at COMPANY's sole discretion; that COMPANY has the right to change, condense or remove any content on the Site or accessible through the Site, including any Submitted Content; that the COMPANY is not subject to any duty of confidentiality with respect to the Submitted Content; and that you may have no ability, opportunity or recourse to edit, remove or delete any Submitted Content. If you provide your email address or other contact information in connection with or include Submitted Content, you agree that COMPANY and its service providers may use it to communicate with you regarding such Submitted Content and for other purposes.
You are responsible for your communications and actions taken on or through the Site. Obscene or abusive language, harassment, threats or abuse of any nature or form on the Site, including by email, postal mail or other transmission, is strictly prohibited. Impersonating others or misrepresenting your affiliation with the COMPANY or any other person is prohibited. You may not upload, post, distribute, submit or otherwise publish on or through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another's intellectual property, privacy or publicity rights, hateful, racially or ethnically objectionable or that may constitute or encourage a criminal offense, violate any law or the rights of another person, or give rise to liability.
You agree not to forge headers or manipulate identifiers in order to disguise the origin of anything transmitted through the Site (including any Submitted Content), disclose proprietary or confidential information, or infringe or violate another's Intellectual Property Rights. You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers, networks, software used in connection with the Site (“Software”), equipment or database connected to the Site, whether through malicious code, files or otherwise, is strictly prohibited. means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors.
You are solely responsible for your communications and activities on the Site. Under no circumstances is COMPANY responsible or liable in any way for any such communications, your or anyone else's use of the Site, any Submitted Content, or any Licensed Content, including, without limitation, any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of your use of the Site, any Submitted Content or any Licensed Content.
You agree to indemnify, defend, hold harmless and hold COMPANY its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, harmless from all claims, demands, damages, fees and costs of any nature. , including reasonable attorneys' and other professional fees, due to or arising from anything you submit or transmit through the Site, specifically including any Submitted Content, your use of the Site, your connection to the Site, your violation of these Terms of use of the website, the intellectual property rights of any other party or any law or regulation or your recklessness, intentional misconduct or otherwise unlawful. In the event that you provide any resale certificate, tax information or other information that is false, inaccurate, fraudulent, or out of date, you agree to indemnify and hold COMPANY harmless from any and all liability, damages, losses or expenses (including reasonable attorneys' fees). and other professionals) that may be incurred, including, without limitation, loss of business profits, taxes, penalties or sanctions, interest, charges, costs and expenses of any nature arising out of or in connection with any claim, demand, action or proceeding alleged or brought against COMPANY by a third party based on information you provide or your use of the Site.
From time to time, COMPANY may change the Licensed Content, services offered or terminated through the Site or expand the capabilities of the Site. The COMPANY also reserves the right, at any time and from time to time, to modify these Website Terms of Use, the Privacy Policy, the Site and/or discontinue, temporarily or permanently, the Site (or any part of the same) with or without prior notice. You are responsible for regularly reviewing these Website Terms of Use and Privacy Policy. You agree that COMPANY shall not be liable to you or any third party for any such action.
The COMPANY, in its sole discretion, may suspend or terminate your access to or use of the Site, for any reason or no reason, especially if the COMPANY believes that you have violated or acted inconsistently with the letter or spirit of these Terms of use of the Website. The COMPANY, in its sole discretion and at any time, may also stop providing the Site, or any part thereof, with or without notice, or remove or refuse to post any Submitted Content or other user contribution, for any reason. or for no reason. You acknowledge and agree that any suspension or termination may be effected without prior notice and that COMPANY may immediately prohibit further access to the Site. The COMPANY shall not be liable to you or any third party for any suspension or termination of your access to or use of the Site. Without limiting the foregoing, COMPANY has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or posting any materials on or through the Site. . YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING OUT OF ANY ACTION TAKEN BY, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTION TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR THE POLICE AUTHORITIES.
This Site may contain links to other websites or Internet resources. When you click or follow a link to those sites, you leave this Site. COMPANY has no control over such sites, their content or resources, or the business practices or policies of the operators of such sites. Neither these Website Terms of Use nor the COMPANY Privacy Policy apply to the practices of any company or person operating the linked sites. Therefore, please be aware and review the terms of service and privacy policies of any site you visit to learn more about their information collection practices. The COMPANY expressly disclaims all responsibility for the availability or accuracy of such external sites or resources or the content thereof, and does not endorse and is not responsible or liable for any advertising, products, services, information or other materials on or available from such sites or resources. . The presence of any link on the Site does not mean or imply that the COMPANY endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that the COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services, information or materials available on or through such link, site or resource.
Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of the Licensed Content, is protected by United States and international copyright laws and may not be used except as provided in these Terms of use of the website without the express written permission of the COMPANY. The Site and its Software, the collection, compilation, assembly and arrangement of the Licensed Content, all images, photography, graphics, artwork, text, and other information and materials found on the Site, regardless of the source, all The Marks and other intellectual property related thereto, and all information and data collected through the Site (all of which are included and comprise Licensed Content), are the property of the COMPANY or its suppliers or partners and are protected by the applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks used on the Site, individually or in combination with each other (collectively, the “Marks”), whether registered or not, are the exclusive property of the COMPANY, its subsidiaries and affiliates, or other third party owners who have granted the COMPANY the right and license to use their trademarks. You may not use or display the Marks in any manner without the prior written consent of COMPANY or the respective owner, including use in or as meta tags or any other “hidden text.” Other COMPANY product or service names, logos, graphics, page headers, button icons and scripts are Trademarks or trade dress of COMPANY and may not be used in connection with any product or service other than those of COMPANY or any manner that may cause confusion in the marketplace or that discredits or disparages the COMPANY.
Notifications of alleged copyright infringement on the Site should be sent to COMPANY.
COMPANY respects the intellectual property of others and asks its users and visitors to do the same. COMPANY will process and investigate notices of alleged infringement and take appropriate action under applicable intellectual property laws. Upon receipt of notices that comply with applicable law, COMPANY will act to remove or disable access to any material found to be infringing or to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide all of the following information:
Notifications of alleged copyright infringement should be directed to:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Legal Department
330-225-8743
DataProtection@rpminc.com
(Please include "Notice of Infringement" in the subject line.)
THE ABOVE INFORMATION IS PROVIDED EXCLUSIVELY TO NOTIFY THE COMPANY THAT ITS COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR PRIVACY QUESTIONS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
COMPANY makes no representations or warranties about the accuracy or completeness of the Site, the Licensed Content, or the information thereon. The COMPANY is not intended to, and the Site is not intended for, use by minors. The COMPANY will not contact minors about promotions or for marketing purposes without parental permission nor will it request more personal information than is reasonably necessary to participate in a given activity. However, it does not filter advertisements or other materials that minors may view through the Site or linked sites, some of which may be inappropriate for minors.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE, NON-CODE MALICIOUS, NON-INFRINGEMENT, AND NON-INFRINGEMENT WITH YOUR USE OF ALL OR ANY PART OF THE SITE. THE COMPANY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE OR ACCURATELY PRICED OR PRICED. , (iv) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT THE PRODUCTS ARE CORRECTLY DELIVERED IN ADEQUATE QUANTITIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS OF USE OR OTHERWISE APPLICABLE IN ACCORDANCE WITH THESE WEBSITE TERMS OF USE. PURCHASE OF COMPANY PRODUCTS OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES ( EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS DISPLAYED OR AVAILABLE ON THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS OR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Notices may be provided to you by email or postal mail. COMPANY may also provide notices of changes to these Website Terms of Use or other matters by displaying notices or links to notices on the Site. Notice or other correspondence from you to COMPANY must be sent by certified mail, return receipt requested to:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Webmaster
If you wish to update your information or stop receiving communications from COMPANY, please contact COMPANY at DataProtection@rpminc.com.
These Website Terms of Use constitute the entire agreement between you and COMPANY with respect to, and will govern your activities and use of, the Site, superseding any prior agreements between you and COMPANY. You may also be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading or terms and contracts that may apply when you purchase products or services or use affiliate services, third-party content or third-party software. These Website Terms of Use, your use of the Site, and any other agreements and relationships between you and COMPANY shall be governed by the laws of the State of Delaware, United States, without regard to its choice of law provisions, and shall not apply the United Nations Convention on Contracts for the International Sale of Goods of 1980. You and the COMPANY agree to submit to the personal and exclusive jurisdiction of the relevant state or federal courts located within the state of Delaware, United States, and waive any and all objections to the competition in it. By using this Site, you agree that the COMPANY, in its sole discretion, may require you to submit any dispute arising from your use of this Site, these Website Terms of Use or the Privacy Policy, including disputes arising out of or with respect to the interpretation, violation, nullity, invalidity, non-performance or termination thereof, as well as disputes covering gaps in the contract or newly arising circumstances, to final and binding arbitration under the International Arbitration Rules of the American Association of Arbitration by an arbitrator appointed in accordance with said Rules. However, notwithstanding these rules, such proceeding shall be governed by the laws of the State of Delaware and shall be conducted exclusively in the courts of Delaware, as set forth in this Section. Any arbitration award initiated under this clause shall be limited to monetary damages and not equitable relief. Additionally, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual direct damages in any arbitration initiated pursuant to this Section, except as required by law. Without limiting the foregoing, COMPANY may seek equitable relief, including preliminary and permanent injunctive relief, in any court of competent jurisdiction to prevent or prohibit misappropriation, misuse, unauthorized disclosure or violation of any Rights. of intellectual property. COMPANY's failure to exercise or enforce any right or provision of the Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Website Terms of Use or Privacy Policy is found to be invalid by a court of competent jurisdiction, you and COMPANY (as the “Parties” hereto) agree that the court should endeavor to give effect to the intentions of the Parties as reflected in the provision, and the other provisions of the Website Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site, the Website Terms of Use or the Privacy Policy within a (1) year after such claim or cause of action arose or is forever barred. The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect
Please report any violations of the Website Terms of Use or Privacy Policy to DataProtection@rpminc.com.
The Parties acknowledge that they have required these Website Terms of Use to be prepared and provided in English.
COMPANY adheres to the Children's Online Privacy Protection Act (COPPA) on our Site. A child's privacy is important to us. No one under the age of 13 is permitted or authorized to provide personal information to or on our Site. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, please do not use or provide any information on the Site or on or through any features of the Site, or provide us with any information about yourself, including your name, address, telephone number, email address. email or any screen name or username you may use. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. Providing any personal information about a child, including the child's name and age, is strictly at the discretion of the parent. At any time, parents may request to review their personal information and their child's personal information that they have submitted to us. Parents may also request removal by sending a request to DataProtection@rpminc.com. Visitors to the Site under the age of 18 should review these Website Terms of Use and Privacy Policy with their parents for guidance
Data privacy laws in certain jurisdictions may permit users of the Site who are residents of such jurisdictions to request certain information regarding our retention, use, disclosure and/or deletion of their personal information. More information about COMPANY's data handling practices and user privacy rights can be found in COMPANY's Privacy Policy located at https://www.legendbrandseurope.com/en/privacy-policy/.
