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Privacy Policy


DURABUILT® TERMS OF USE AND PRIVACY STATEMENT
Welcome to the Durabuilt® website (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use.

1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of Napco (the Manufacturer) or its third party providers. The Manufacturer also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of the Manufacturer. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.

The Manufacturer hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.

2. TRADEMARKS
"Durabuilt®" and other Durabuilt® marks and product references are trademarks of the Manufacturer and may be registered in certain jurisdictions. Other product names, company names, marks, logos and symbols may be the trademarks of its third party providers or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of the Manufacturer or a third party.

3. ON-LINE CONDUCT
You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.

4. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than the Manufacturer. The Manufacturer does not endorse and is not responsible or liable for the contents or use of these third party sites. The Manufacturer is providing these links to you only as a convenience.

5. TERMINATION OF ACCESS
The Manufacturer may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

6. DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. THE MANUFACTURER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE MANUFACTURER HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE MANUFACTURER DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.

7. LIMITATION OF LIABILITY RESPECTING SITE
NEITHER THE MANUFACTURER NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE).

8. INDEMNIFICATION BY SITE USER
You agree to hold the Manufacturer and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Site or the Materials and all damages, costs and expenses relating thereto.

9. PRODUCT COLORS
Due to limitations in the ability of electronic media to reproduce colors, the actual colors of Durabuilt® products may differ from colors of products that appear on the Site. Persons interested in products should contact a Durabuilt distributor to view actual product samples.

10. WARNING
Rigid vinyl siding and accessories are made from organic materials and will melt or burn when exposed to a significant source of fire or heat. Building owners, occupants and maintenance personnel should always take precautions to keep sources of fire and heat, such as barbecue grills and combustible materials, such as dry leaves, mulch and trash, away from vinyl siding, skirting and accessories.

11. PRODUCT WARRANTIES; LIMITATION OF LIABILITY RESPECTING PRODUCTS
THE MANUFACTURER MAKES NO EXPRESS GUARANTEES OR WARRANTIES ABOUT ANY PRODUCT SOLD BY THE MANUFACTURER OTHER THAN AS STATED IN THE "WARRANTY" SECTION OF THE SITE. THE MANUFACTURER DISCLAIMS ALL IMPLIED GUARANTIES, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MANUFACTURER DOES NOT AUTHORIZE ANYONE TO MAKE A GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND ON ITS BEHALF.

YOU AGREE THAT NEITHER THE MANUFACTURER NOR ANY AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES OF THE MANUFACTURER ARE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PRODUCT IN EXCESS OF THE PRICE YOU PAID FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES). PLEASE NOTE THAT DISCLAIMERS OF IMPLIED PRODUCT WARRANTIES AND LIMITATIONS ON LIABILITY MAY BE UNENFORCEABLE IN PARTICULAR JURISDICTIONS.

12. PRIVACY POLICY
Currently, the Manufacturer does not share your e-mail address or other personal profile information, such as name, address, gender or age, with third parties for marketing purposes without your prior consent. The Manufacturer also does not include a functionality allowing third parties to perform reverse searches to identify users from e-mail addresses.

Currently, the Manufacturer may use your personal profile information to create personalized content, services or advertising related to the Manufacturer, its affiliates and the products and services offered by them. The Manufacturer also may use your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information.

In using this Internet site, you may provide information regarding your tastes, ratings and preferences. You authorize the Manufacturer to use such information in connection with any online or off-line offering or any electronic mail offerings by the Manufacturer directed to you. The Manufacturer may use your e-mail in connection with any such offering or campaign.

Notwithstanding the foregoing and in compliance with applicable laws, the Manufacturer (a) cooperates fully with state, local and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to the Manufacturer on or through the Site) or purported unlawful activities of any user and (b) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, the Manufacturer may be required to disclose personal information. In addition, the Manufacturer may elect to electronically monitor the user submit or distributor areas of the Site and may disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate the Manufacturer; or (iii) to protect the rights or property of the Manufacturer or others.

13. CHANGES TO SITE OR TERMS OF USE
The Manufacturer may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. The Manufacturer may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.

14. LOCAL LAWS; EXPORT CONTROL
The Manufacturer makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.

15. SUBMISSIONS
All comments, questions, feedback, information or other materials you submit to the Manufacturer through or in connection with this Site ("Submissions") shall be considered non-confidential and the Manufacturer's property. The Manufacturer shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not the Manufacturer, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright.

16. RIGHTS AND REMEDIES OF VARIFORM
You agree that the Manufacturer shall have all rights and remedies provided under these Terms of Use and under applicable law.

17. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use, the use of the Site and all orders and purchases from the Manufacturer and other transactions conducted through the Site or with the Manufacturer will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Clay County or Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.

18. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact the Manufacturer at webmaster@napco-bp.com.


© 2013 Durabuilt, Inc. All rights reserved.

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