This Terms of Use (the "Agreement" or "Terms of Use"), governs
Your (defined below) use of the Boral Roofing ("Boral Roofing ",
"Our" or "Us ") Website. Our Website is located at www.boralna.com
(#Website" ). Our Website is available for Your use only on the
condition that You agree to the terms and conditions set forth
below, all with the intention to form a legally binding agreement.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU
SHOULD SIGNIFY YOUR ACCEPTANCE BY CLICKING THE "SUBMIT" BUTTON AT
THE BOTTOM OF THIS DOCUMENT. IF YOU DO NOT AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE
WEBSITE.
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.
9. LIMITATION OF LIABILITY BORAL ROOFING, ITS OFFICERS, AGENTS,
EMPLOYEES, AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE OR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR
RELATING IN ANY WAY TO THE WEBSITE, INFORMATION SUBMITTED TO THE
WEBSITE OR INFORMATION CONTAINED WITHIN THE WEBSITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE
WEBSITE. THE FOREGOING REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE
AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF
USE.
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
