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Terms of Use

Read the terms and conditions set forth on this page (these “Terms”) carefully. Any access, viewing or use of this site and/or any pages of this site (collectively, this “Site”) in any way is subject to and governed by these Terms. Any individual, person, corporation, company or other business entity (“You”) agrees to these Terms by accessing, viewing or using this Site in any way, whether or not linked thereto from any other site or page. If You do not agree to the Terms, do not access, view or use this Site.

Elk Group, Inc. (“Elk”) owns this Site and reserves the right to modify, change, alter, or amend these Terms in its sole discretion at any time without notice. By accessing or using this Site, You agree to any such modification, change, alteration and amendment.

1. Use

You may download onto Your personal computer, solely for Your personal non-commercial use, one (1) copy of any page, document, image, textual, graphic, pictorial, and audio-visual material, and information in or on this Site (collectively, “Material”) for the sole purpose of lawfully accessing and perceiving the Material on such computer, but only on the condition that any copyright, trademark, patent or other proprietary rights notices that are related to such Material and appearing on this Site or such Material are downloaded together with such Material and such notices are not changed, altered, deleted or covered in any way. If You breach any of the Terms, Your authorization to access, view and use this Site automatically terminates and You must immediately destroy any downloaded or printed Material.

2. Restrictions on Use

Other than as permitted under Section 1 of these Terms, without Elk’s prior written consent or if it is expressly and specifically permitted by Elk on this Site, the Material or any part thereof may not be, directly or indirectly, (i) copied, reproduced, downloaded, uploaded, transmitted, sent, e-mailed, changed, altered or added to, or used in any way to create a derivative work therefrom, or (ii) stored or used on or in a networked computer environment, other website or webpage, bulletin board, blog, messaging board, publication, or any electronic, digital, tangible, audio, visual, or audio-visual medium, or (iii) used for any marketing, advertising, or commercial purpose, or in any manner or for any purpose that is unlawful or infringes or violates any rights (including, without limitation, any intellectual property rights, privacy rights, personal rights, commercial rights, civil rights, or constitutional rights) of any person or entity. You agree that Elk shall be the sole owner of any copyright and other intellectual property and ownership rights in any derivative work created from any Material or part thereof, whether with or without Elk’s consent.

3. Submissions

You may provide us with any lawful comment, remark, suggestion, critique, story, statement, idea, photo, image, and document or material of any kind (collectively, “Submissions”) by mail or e-mail as instructed on this Site as long as the Submission does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory, or pornographic. Elk does not return any Submissions; thus, please do not submit originals or documents You would like to keep. By submitting a Submission, You transfer sole ownership in such Submission, and any copyright, trademark or other intellectual property right therein and thereto, to Elk. Elk may reproduce, copy, display, publish, perform, disseminate, distribute, sell, lease, dispose of, create derivative works from, commercialize, and in any way use and utilize (collectively, “Use”) the Submission, for any commercial or other purpose, without paying You any fee, royalty, or other value, and without reimbursing, compensating or being liable to You or any person for, the Submission, any Use of the Submission, any cost or expense of submitting the Submission, or the loss, destruction or disposal of the Submission. Any Submission submitted by You is submitted at Your own risk. Elk is not required to make Use of any Submission and reserves the right to reject or refuse any Submission or any ownership rights in or responsibility for any Submission; and any Use made by Elk is in Elk’s sole and absolute discretion.

4. Privacy

Elk’s use of Your personal data is governed by Elk’s Privacy Statement, which is not subject to any of the disclaimers and limitations of liability contained in these Terms of Use.

5. DISCLAIMER

YOU ACCESS, VIEW AND USE THE SITE AND ANY MATERIALS IN OR ON THE SITE AT YOUR OWN RISK. ELK PROVIDES ANY ACCESS, VIEW AND USE TO THE SITE AND ANY MATERIALS IN OR ON THE SITE ON AN “AS IS” “WHERE IS” BASIS. ELK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH REGARD TO OR IN CONNECTION WITH THE SITE, ANY MATERIAL ON THE SITE, OR THE USE OR ACCESSIBILITY OF ANY MATERIAL ON THE SITE. ELK DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANSHIP, TITLE, LICENSE, AND NON-INFRINGEMENT.

6. LIMITATION OF LIABILITY

YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION AND THE USE OF ANY COMPUTER, HARDWARE AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THE SITE, AND FOR PAYING AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE. ELK IS NOT LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS, FAILURE OF PERFORMANCE, INACCESSIBILITY OF THE SITE OR ANY PAGE OR MATERIAL HEREON, POSTING OR TAKING OFF ANY MATERIAL FROM THE SITE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, WORK, LINE FAILURE, ACT OR OMISSION. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT IS ELK, OR ANY OF ELK’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS LIABLE FOR ANY DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND, LOSS OF PROFIT, OR TANGIBLE OR INTANGIBLE LOSS OR DAMAGES.

7. Links, Linked or Framed Sites, Framing

In some cases, Elk may post links to any sites or pages outside the Site, which are provided solely for Your convenience, and You access or use such links, sites or pages at Your own risk. In other cases, You may access the Site through the link on another website or page or framed by another site. In no event is Elk responsible or liable for any link, any site or page linked from the Site or linking to the Site, any site or page framed by the Site or part of it or framing the Site or any part of it, or for any contents, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page. Any links to the Site from another website or page is subject to and must comply with the Web Linking Agreement.

8. Marks and Copyrights

Unless identified otherwise, all documents, texts, textual and literary works, images and pictorial works, audio, visual, and audio-visual materials and works, screens, graphics, flash and similar executions, and any copyright in them, are owned by Elk or any entity or person affiliated with Elk. Elk is the owner of the numerous registered and unregistered trademarks and service marks and names, including, without limitation, the following: ELK, ELK GROUP, INC., ELK PREMIUM BUILDING PRODUCTS, ELK TECHNOLOGIES GROUP, the “ELK DESIGN,” and the “ELK DESIGN – CONFIDENCE BUILT-IN” logo. In addition, this Site may display or use marks and names of any third party, whether or not so identified on this Site. Elk does not grant, and nothing on or in connection with this Site or these Terms grants, You any right or license regarding any (i) of these marks and names, or any other trademarks, service marks, trade dress, trade name, corporate name, business name of Elk or any other person, entity or party, or (ii) copyrights or copyrighted materials, information, data, software or code of Elk (except to the extent necessary to access, view and use the Site as expressly set forth in these Terms) or any other person, entity, or party.

Elk is very protective of its intellectual property rights and reserves any rights and remedies it has against any infringement of its copyrights, trademarks or service marks, and other intellectual property rights. For example, downloading, transmitting, copying, modifying, changing or other activities not permitted under Section 1 of these Terms may constitute an infringement of Elk’s copyright, trademark or service mark, or other intellectual property rights. Elk reserves exercising all rights and seeking all remedies to immediately stop any infringement or other violation of its rights (such as libel, slander, defamation, or any tortious conduct) and seek compensation for any damages sustained as a result of the infringement or violation of its rights.

9. No Obligation to Maintain Site; Termination

Elk has no obligation or duty to maintain or keep the Site accessible. Elk may, at any time, with or without prior notice, suspend, shut down, prevent access, undertake maintenance, or take any other action or engage in any omission, without being liable to You or anyone else.

Elk or You may terminate these Terms and any and all rights to access, view and use the Site as set forth in the Terms at any time, with or without specific notice. For example, You agree that Elk may terminate by simply blocking Your access to the Site (unless such blocking of access is illegal under applicable law), closing the Site, or taking any other action or engaging in any omission. You may terminate these Terms by irrevocably deleting and destroying any copies and installations of the Site and any Material. Upon termination of these Terms by Elk or You, You must irrevocably delete and destroy any such copies and installations.

10. Miscellaneous

You and Elk are independent contractors, each without the power or authority to bind, contract or commit the other. Elk is not, and nothing in the Terms, on this Site or in any Material shall be interpreted that, directly or indirectly, (i) Elk is a partner, joint venturer, co-owner or otherwise participant in a joint or common undertaking with You, or (ii) Elk is an employer or agent of You, or (iii) You are an employee or agent of Elk.

Nothing in these Terms, on this Site, or in or on any Material, or any act or omission, including, without limitation, selection or seeking or failure to select or seek a certain right or remedy, constitutes, and shall not be construed to constitute, any waiver by Elk of any right or remedy provided under these Terms or a breach of these Terms. Any waiver by Elk must be express and written.

Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.

These Terms constitute the entire terms regarding the access, viewing and use of the Site, any Material, and any Submissions. Elk may, at any time, without the need for notice, assigned, transfer, convey, or delegate any rights or obligations under these Terms.

ELK AND YOU AGREE THAT THESE TERMS, AND THE INTERPRETATION AND ENFORCEMENT OF ANY RIGHTS AND OBLIGATIONS IN CONNECTION WITH OR SET FORTH IN THESE TERMS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY REQUIRE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS, TO THE EXTENT OTHERWISE APPLICABLE, SHALL NOT APPLY. EXCEPT FOR ANY LITIGATION OR PROCEEDING BY ELK TO OBTAIN ANY INJUNCTIVE RELIEF, ELK AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF COMPETENT STATE AND FEDERAL COURTS IN THE STATE OF TEXAS FOR ANY LITIGATION OR PROCEEDING IN CONNECTION WITH THESE TERMS, THE SITE, ANY MATERIALS, ANY SUBMISSION, ANY PERSONAL INFORMATION, AND ANY OTHER MATTER RELATED THERETO, AND TO THE VENUE OF SUCH LITIGATION OR PROCEEDING IN THE COUNTY OF DALLAS, TEXAS, UNITED STATES OF AMERICA.

June 2005


 

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©2005 Elk Premium Building Products, Inc. All rights reserved. All trademarks, ®, are registered trademarks, and trademarks, ™ and service marksSM, are trademarks pending registration of Elk Premium Building Products, Inc., an ElkCorp company, except that UL® is a registered trademark of Underwriters Laboratories, Inc. and HighPoint is a trademark claimed by Danse Corp.
 
 
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