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.
RGM
Products, Inc. ("RGM") 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 RGM's prior written consent or if it is expressly
and specifically permitted by RGM 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 RGM 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 RGM'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. RGM 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 RGM. RGM 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. RGM 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 RGM is in RGM's sole and absolute
discretion.
4.
Privacy
RGM's
use of Your personal data is governed by RGM'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. RGM PROVIDES ANY
ACCESS, VIEW AND USE TO THE SITE AND ANY MATERIALS
IN OR ON THE SITE ON AN "AS IS" "WHERE
IS" BASIS. RGM 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. RGM
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.
RGM 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 RGM,
OR ANY OF RGM'S AFFILIATES, 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, RGM 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
RGM 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 RGM or any entity or person
affiliated with RGM. RGM is the owner of the numerous
registered and unregistered trademarks and service
marks and names, including, without limitation, the
following: RGM, RGM PRODUCTS, INC., the RGM PRODUCTS,
INC. logos and designs, and the marks and names of
various products, including, but not limited to, CHANCELLOR,
COOLVENT ICEGARD, KWIKROOF, KWIKSILVER, KWIKSTART,
KWIKWRAP, MODCAP, RAINCAP, RAINSEAL, RIDGLASS, ROOFGARD,
SHIELDGARD, START-RITE, TG-1&2, TUF-BASE, and
9" STARTER. In addition, this Site may display
or use marks and names of any third party, whether
or not so identified on this Site. RGM 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 RGM or any other person, entity
or party, or (ii) copyrights or copyrighted materials,
information, data, software or code of RGM (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.
RGM
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
RGM's copyright, trademark or service mark, or other
intellectual property rights. RGM 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
RGM
has no obligation or duty to maintain or keep the
Site accessible. RGM 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.
RGM
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 RGM 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 RGM or You, You must irrevocably delete
and destroy any such copies and installations.
10.
Miscellaneous
You
and RGM are independent contractors, each without
the power or authority to bind, contract or commit
the other. RGM is not, and nothing in the Terms, on
this Site or in any Material shall be interpreted
that, directly or indirectly, (i) RGM is a partner,
joint venturer, co-owner or otherwise participant
in a joint or common undertaking with You, or (ii)
RGM is an employer or agent of You, or (iii) You are
an employee or agent of RGM.
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 RGM
of any right or remedy provided under these Terms
or a breach of these Terms. Any waiver by RGM 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. RGM may, at any time, without the need
for notice, assigned, transfer, convey, or delegate
any rights or obligations under these Terms.
RGM
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 CALIFORNIA, 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 RGM TO
OBTAIN ANY INJUNCTIVE RELIEF, RGM AND YOU HEREBY CONSENT
AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF COMPETENT
STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA
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 FRESNO, CALIFORNIA, UNITED STATES OF AMERICA.
January
2006