1. USER ELIGIBILITY The Website is provided by Boral Roofing and available only to entities and people who can form legally binding agreement(s) under applicable law ("You,# Your " or "User"). Accordingly, You must be 18 years or older to use this Website. If you do not qualify, You are not permitted to use the Website.
2. DESCRIPTION OF THE WEBSITE Boral Roofing provides You with on-line access to various business processes related to your orders with Us. Boral Roofing may also provide new features or information on the Website, which shall be subject to this Agreement. Notwithstanding anything herein to the contrary, You acknowledge and agree that the terms surrounding Your order including without limitation, products, prices and delivery schedules are subject to Your purchase order and any other terms or conditions provided by Boral Roofing.
3. GENERAL PRACTICES REGARDING USE You acknowledge and agree that Boral Roofing may establish, at any time, general practices and limits concerning the use of the Website, including without limitation, restrictions on accessing the Website in any given period of time. You agree that Boral Roofing has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Website. You shall be solely responsible for ensuring that all of Your use and Your associates#" or agents#" use of the Website will comply with the terms and conditions set forth herein.
4. LICENSE AND WEBSITE ACCESS Boral Roofing grants You a limited, personal, nontransferable, non-assignable, nonsublicenseable, revocable worldwide license to access and make personal use or non-commercial use within Your organization, of the Website. This license does not include any resale or commercial use of the Website" any derivative use of the Website or its contents. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Boral Roofing or Our affiliates without express written consent. You grant to Us a nonexclusive, assignable, worldwide, perpetual, irrevocable, royalty free right and license to reproduce, transmit, transmit and use all information provided by You, Your associates or Your agents to Boral Roofing.
5. PASSWORDS When You sign up for Our Website You will be given a computer generated user name and password. You are responsible for keeping all passwords and user names assigned to You secret and confidential. You agree that You are solely responsible for any communications or other uses that are made using Your password or user name, as well as for any obligation, which may result from such use. You are solely responsible for changing Your password if You believe that Your password has been stolen or might otherwise be misused.
6. YOUR OBLIGATIONS You agree that You will use the Website in a manner that complies with all applicable, international, federal, state and local laws. You acknowledge and agree that any information You send to Us will be true and correct. You shall keep in tact all proprietary notices, including copyright notices, contained on any materials and shall comply with any applicable end user license agreements. You agree that You will not: (a) impersonate any person or entity, including, but not limited to, a Boral Roofing official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity, (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of information transmitted through the Website, (c) use the Website to compromise in anyway the integrity of the Website , or the information available through the Website, (d) place false or misleading information on the Website, (e) misuse the Website, (f) use another#"s password, or (g) input or upload to the Website any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Website or information or that infringes the Intellectual Property (defined below) rights of another. You agree that You will only access information regarding Your orders.
7. INTELLECTUAL PROPERTY OWNERSHIP Any and all intellectual property rights associated with the Website including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ( "Intellectual Property ") are the sole and exclusive property of Boral Roofing. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Boral Roofing or the appropriate third party#"s prior written permission.
8. WARRANTY DISCLAIMER THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE, IS PROVIDED, "AS IS, AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND BORAL ROOFING EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NONINFRINGEMENT. ANY MATERIAL COPIED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORAL ROOFING OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. If You are located in any jurisdiction in the world where the common, statutory, regulatory or codified law of such jurisdiction would void this Agreement in whole or in essential part (the essential parts being at least, but not only, the exclusive jurisdiction and venue, exclusive remedy provisions, the warranty disclaimers, and the limitations of liability) or would make accessing the Website illegal, then You are not authorized to use the Website, if You do so then You do so entirely at Your own risk.
10. INDEMNITY You agree to indemnify, defend and hold Boral Roofing and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made due to or arising out of: (1) Your or Your agents or Your associates use or misuse of the Website; (2) Your violation or Your associates or Your agents violation of this Agreement; or (3) violation of any rights of another by You, Your associates or Your agents.
11. MODIFICATIONS Boral Roofing may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Website, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage You to visit the Website from time to time to review the current version of the Agreement.
12. TERMINATION You agree that Boral Roofing, in its sole discretion, may terminate Your use of the Website, and remove and discard any content within the Website, for any reason and at any time. Boral Roofing may also, in its sole discretion, at any time, discontinue providing the Website, or any part thereof, with or without notice to You. You agree that any termination of Your access to the Website under any provision of this Agreement may be effected without prior notice to You, and where applicable, You acknowledge and agree that Boral Roofing may immediately deactivate your user id or password and/or bar further access to such files or the Website. Further, You agree that Boral Roofing shall not be liable to You or any third party for any termination of Your access to the Website.
13. LINKS The Website may provide or include links to other World Wide Website s or resources. Because Boral Roofing has no control over such sites and resources, You acknowledge and agree that Boral Roofing is not responsible for such sites and resources. You hereby release Boral Roofing from any and all damages or liabilities, which relate to or arise out of Your use of such sites or resources. Boral Roofing prohibits caching of any portion of the Website and any unauthorized hypertext links.
14. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between You and Boral Roofing with respect to use of the Website, superceding any other agreement between You and Boral Roofing. The Sections which by their nature should survive termination of this Agreement shall so survive, such Sections include but are not limited to, Sections 1, 6, 7, 8, 9, 10, 12, 13, and 14. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to conflict of laws principles, and shall be deemed to be executed in California, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the State of California and in no other jurisdiction.
YOU ARE SIGNIFYING YOUR ACCEPTANCE OF THE ABOVE AGREEMENT THROUGH THE USE OF THIS REGISTRATION FORM