© Tuff Coat
Modern Recreational Technologies, LLC (D.b.a. Tuff Coat) (“COMPANY”) maintains this website located at www.tuffcoat.net and its associated websites, webpages, content and other materials where these Website Terms of Use are linked (collectively the “Site”) to provide to users (also, “you”) information about COMPANY, its industry and its products. Your access to and use of the Site is subject to these Website Terms of Use, our Privacy Policy, found at https://www.rpminc.com/privacy-policy, and all applicable laws. By accessing the Site, you accept, without limitation or qualification, these Website Terms of Use and our Privacy Policy. You should review the most current version of the Website Terms of Use and the Privacy Policy often as they may be modified from time to time and the terms, as modified, shall govern your use of the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter and your continued use of the Site after we make changes is deemed to be acceptance of those changes. Any new features that augment or enhance the Site also will be subject to these Website Terms of Use and Privacy Policy.
Generally
You are free to browse the Site, to access company periodic e-newsletters, technical libraries, view product catalog(s), submit questions, participate in any contests, promotions, surveys or other services and view any other information contained on the site. This and all other COMPANY-approved material available on the Site is referred to as “Licensed Content.” You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Website Terms of Use and the Privacy Policy. Any other use of Licensed Content without COMPANY’s prior written approval is strictly prohibited.
Product Information
While COMPANY uses commercially reasonable efforts to provide accurate information, the industries of which COMPANY is a part and the jurisdictions in which the company operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Therefore, information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. COMPANY cannot ensure or guarantee and does not warrant that Licensed Content will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided is complete, accurate or current for your specific needs (see our disclaimer of warranties in Section 10 below). Each claim or statement about the effectiveness of COMPANY products and/or claims or statements comparing the effectiveness of COMPANY products to that of others is expressly limited to the country of applicability as referenced on the Site and if no country is so referenced, the United States. If a product or sample offered by COMPANY through the Site is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased or a refund of the price you paid. Product description and pricing is subject to correction and change. COMPANY may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. Sales made through the Site, if any, are governed by COMPANY Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
Submitted Content
If you choose to upload, post, distribute, submit or otherwise publish any content on or through the Site (“Submitted Content”), you represent and warrant that you are the sole and exclusive author and owner of such Submitted Content and all copyright, patent and patent rights, trademark, trade secret, right of publicity, right of privacy and other proprietary right (collectively, “IP Rights”) therein and waive any "moral rights" you may have in such Submitted Content; that all Submitted Content is accurate; that neither the Submitted Content nor the use thereof will violate these Website Terms of Use, COMPANY's Privacy Policy or any law or regulation; and that you are an adult (i.e., at least the age of majority in your jurisdiction and thereby not a “minor”). For the avoidance of doubt, you specifically agree that no Submitted Content will: be false, inaccurate, incomplete or misleading; infringe, misappropriate or otherwise violate any third party's IP Rights; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, bigoted, hateful, offensive to others based on race, religion, ethnicity, gender, sexual identification or orientation or unlawfully threatening or harassing to any individual or other party ; have previously been sold, transferred, licensed or otherwise conveyed, in whole or in part, to you or by you to any third party for monetary or other consideration; or contain any malicious code, computer virus, malware or other computer program or file intended to damage, destroy or freeze other computer software, hardware or data or expose it to attack, destruction or disablement.
You grant to COMPANY a perpetual, irrevocable, royalty-free, transferable, worldwide right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, distribute, publicly display and perform, sell and/or otherwise transfer, in whole or in part, Submitted Content and/or incorporate same into any form, medium or technology and to convey such right and license to any third party without compensation to you.
You acknowledge and agree that all Submitted Content may be used or disposed of at COMPANY's sole discretion; that COMPANY has the right to change, condense or delete any content on or accessible through the Site, including any Submitted Content; that COMPANY is subject to no duty of confidentiality with respect to Submitted Content; and that you may not have any capacity, opportunity or recourse to edit, withdraw or delete any Submitted Content. If you provide your email address or other contact information in connection with or include same in any Submitted Content, you agree that COMPANY and its service providers may use same to contact you with regard to such Submitted Content and for other purposes.
User Conduct
You are responsible for your communications and actions undertaken on or through the Site. Obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with COMPANY or another is prohibited. You may not upload, post, distribute, submit or otherwise publish on or through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s intellectual property, privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site (including any Submitted Content), disclose proprietary or confidential information or otherwise infringe or violate another’s IP Rights. You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers, networks, software used in connection with the Site (“Software”), equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
You are solely responsible for your communications and your activities on the Site. Under no circumstances is or will COMPANY be liable in any way for any such communications, your or another’s use of the Site, any Submitted Content or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of your use of the Site, any Submitted Content or any Licensed Content.
Indemnity
You agree to indemnify, defend, release and hold COMPANY its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, harmless from all claims, demands, damages, fees and costs of any nature, including reasonable fees of attorneys’ and other professionals, due to or arising out of anything you submit or transmit through the Site, specifically including any Submitted Content, your use of the Site, your connection to the Site, your violation of these Website Terms of Use, any other party’s IP Rights or any law or regulation or your reckless, willful or otherwise tortious misconduct. In the event you provide resale certificate, tax or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify COMPANY for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against COMPANY by any third party based upon the information you provide or your use of the Site.
Modifications to Site
From time to time COMPANY may change the Licensed Content, the services offered or terminated through the Site or expand the Site’s capability. COMPANY also reserves the right at any time and from time to time to modify these Website Terms of Use, the Privacy Policy, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You are responsible for regularly reviewing these Website Terms of Use and the Privacy Policy. You agree that COMPANY shall not be liable to you or to any third party for any such action.
Termination
COMPANY, in its sole discretion, may suspend or terminate your access to or use of the Site, for any reason or no reason, particularly including if COMPANY believes that you have violated or acted inconsistently with the letter or spirit of these Website Terms of Use. COMPANY, in its sole discretion and at any time, may also discontinue providing the Site, or any part thereof, with or without notice, or remove or refuse to post any Submitted Content or other user contribution, for any reason or no reason. You acknowledge and agree that any suspension or termination may be effected without prior notice and that COMPANY may immediately bar further access to the Site. COMPANY shall not be liable to you or any third party for any suspension or termination of your access to or use of the Site. Without limiting the foregoing, COMPANY has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Links
This Site may contain links to other internet websites or resources. When you click on or follow a link to those sites, you leave this Site. COMPANY has no control over such sites, their content or resources or the business practices or policies of operators of such sites. Neither these Website Terms of Use nor COMPANY’s Privacy Policy applies to the practices of any companies or individuals operating the linked sites. Therefore, please use caution and review the service terms and privacy policies of any sites that you visit to learn more about their information-gathering practices. COMPANY expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, services, information or other materials on or available from such sites or resources. The presence of any link on the Site does not mean or imply that COMPANY endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services, information or materials available on or through any such link, site or resource.
COMPANY’s Proprietary Rights
Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content, is protected by United States and international copyright laws, and may not be used except as provided in these Website Terms of Use without COMPANY’s express written permission. The Site and its Software, the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Site (all of which are included in and comprise Licensed Content), are owned by COMPANY or its suppliers or partners and protected by applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks used on the Site, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to COMPANY, its subsidiaries and affiliates, or other third party owners who have granted COMPANY the right and license to use their marks. You may not use or display the Marks in any manner without the prior written consent of COMPANY or the respective owner, including use in or as meta tags or any other “hidden text.” Other COMPANY product or service names, logos, graphics, page headers, button icons and scripts are Marks or trade dress of COMPANY and may not be used in connection with any product or service that is not COMPANY’s or in any manner which is likely to cause confusion in the marketplace or that disparages or discredits COMPANY.
Notices & Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement on the Site should be sent to COMPANY.
COMPANY respects the intellectual property of others and asks its users and visitors to do the same. COMPANY will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable law, COMPANY will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
Notices of claimed copyright infringement should be directed to:
By Mail:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Legal Department
By Fax:
330-225-8743
By Email:
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
COMPANY makes no representations or warranties about the accuracy or completeness of the Site, Licensed Content or information therein. COMPANY does not target, and the Site is not intended for use by minors. COMPANY will not contact minors about promotions or for marketing purposes without a parent’s permission nor will it ask for more personal information than is reasonably necessary to participate in a given activity. However, it does not filter ads or other material minors may view through the Site or linked sites, some of which may be inappropriate for minors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
COMPANY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE OR ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF COMPANY PRODUCTS OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notice/Opt-Out Options
Notices to you may be provided via either email or regular mail. COMPANY may also provide notices of changes to these Website Terms of Use or other matters by displaying notices or links to notices on the Site. Notice or other correspondence from you to COMPANY should be sent by certified mail, return receipt requested to:
RPM International Inc.
P.O. Box 777
Medina, Ohio 44258
Attn: Webmaster
Should you wish to update your information or no longer receive communications from COMPANY, please contact COMPANY at DataProtection@rpminc.com.
General Information
These Website Terms of Use constitute the entire agreement between you and COMPANY with regard to, and shall govern your activities and use of, the Site, superseding any prior agreements between you and COMPANY. You also may be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading or terms and contracts that may apply when you purchase products or services or use affiliate services, third party content or third party software. These Website Terms of Use, your use of the Site and any other agreement with and the relationship between you and COMPANY shall be governed by the laws of the State of Delaware, United States without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within State of Delaware, United States and waive any objection to venue therein. By using this Site, you agree that COMPANY, in its sole discretion, may require you to submit any disputes arising from use of this Site, these Website Terms of Use or the Privacy Policy, including disputes arising from or concerning the interpretation, violation, nullity, invalidity, non-performance or termination thereof, as well as disputes filling gaps in contract or newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association by one arbitrator appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Delaware and shall take place exclusively in Delaware courts as set forth in this Section. Any arbitration award initiated under this clause shall be limited to monetary damages and not equitable relief. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual direct damages in any arbitration initiated pursuant to this Section except as required by statute. Notwithstanding the foregoing, COMPANY may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any IP Rights. The failure of COMPANY to exercise or enforce any right or provision of the Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Website Terms of Use or the Privacy Policy is found by a court of competent jurisdiction to be invalid, you and COMPANY (as the “Parties” hereto) nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Website Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site, Website Terms of Use or the Privacy Policy within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the Website Terms of Use or the Privacy Policy to DataProtection@rpminc.com.
The Parties acknowledge that they have required that these Website Terms of Use be prepared and provided in English.
Provisions Specific to Users in the United States
COMPANY adheres to the Children's Online Privacy Protection Act (COPPA) on our Site. A child’s privacy is important to us. No one under age 13 is authorized or permitted to provide any personal information to or on our Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Site or on or through any of the features on the Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. Providing any personal information regarding a child, including the child’s name and age, is strictly at the parent’s discretion. At any time a parent can request to review their personal information and their child's personal information that they have submitted to us. A parent may also ask to have it deleted by sending a request to DataProtection@rpminc.com. Visitors to the Site under the age of 18 should read these Website Terms of Use and Privacy Policy with their parents for guidance.
Privacy Rights
Data privacy laws in certain jurisdiction may permit users of the Site who are residents of such jurisdictions to request certain information regarding our retention, use, disclosure and/or deletion of their personal information. Further information regarding COMPANY’s data-handling practices and users’ privacy rights may be found with the COMPANY’s Privacy Policy located at https://www.rpminc.com/privacy-policy/.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to marketing@tuffcoat.net or write us at: Modern Recreational Technologies, LLC, LLC, 2220 US HWY 70 SE STE 100, Hickory, NC 28602, Attn: Web Master
© Tuff Coat