NB Coatings Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) are between you and NB Coatings, Inc. (“NB Coatings”). This website (the “Site”) is provided by NB Coatings. Your access and use of the Site is governed by the following Terms of Use. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. NB Coatings reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. The most current version of the Terms of Use can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NB Coatings grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including, without limitation, the design, structure, selection, coordination, expression, “look and feel” and arrangement of the foregoing, contained on the Site (collectively, the “Materials”) are owned, controlled or licensed by or to NB Coatings, and are protected by intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site, including, without limitation, the Materials, may be copied, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any public or commercial enterprise, without NB Coatings’ express prior written consent. You may use information and brochures purposely made available by NB Coatings for downloading from the Site, provided that you (i) not remove any proprietary notice language in all copies of such documents, (ii) ;make no modifications to any such information or brochures, and (iii) not make any additional representations or warranties relating to such information or brochures. NB Coatings does not represent or warrant that use of the Materials will not infringe the rights of third parties. Material subject to rights owned by a third party may not be used in any form and may not be copied or downloaded without permission from such third party. If you fail to comply with these Terms of Use, you agree that NB Coatings may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site.

The trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) displayed on the Site are Trademarks of NB Coatings and other third parties and are protected in the United States and internationally. No license or right to use any of the Trademarks displayed on the Site is granted, by implication, estoppel or otherwise, without the prior written permission of NB Coatings or any third party that may own the Trademarks. Any unauthorized use of any of the Trademarks is strictly prohibited.

Links that may be contained within the Site will allow you to leave the Site and access the websites of third parties. The linked websites are not under the control of NB Coatings or its affiliates, or its or their equity holders, members, directors, officers, employees or agents (collectively, the “Nippon Paint Group”). None of the members of the Nippon Paint Group are responsible for the contents (including, without limitation, viruses, worms, Trojan horses or other destructive elements) of any linked website or any link contained in a linked website, or any changes or updates to such websites. NB Coatings is providing these links to you only as a convenience, and the inclusion of any link does not imply that any member of the Nippon Paint Group endorses or is affiliated or associated with, the linked websites. You will need to make your own independent judgment regarding your interaction with these linked sites.

NB Coatings may permit links to the Site, as long as they do not imply endorsement, sponsorship or affiliation. We do require, however, that you get our prior written consent before creating any kind of hyperlink to, or framing of, the Site.

NB Coatings welcomes your comments and suggestions on the Site and on NB Coatings’ products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products or services (collectively, “Unsolicited Submissions”). Any Unsolicited Submissions that you submit shall be deemed NOT to be confidential. By sending NB Coatings any Unsolicited Submissions, you grant NB Coatings an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Submissions, and you also agree that NB Coatings is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. By submitting information, you warrant that NB Coatings may incorporate such information’s concepts in NB Coatings’ products without liability.

THE NIPPON PAINT GROUP AND ITS SUPPLIERS DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE AVAILABLE ON THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE AVAILABLE ON THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND THE CONTENT, SERVICES, PRODUCTS AND FEATURES AVAILABLE ON THE SITE ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE NIPPON PAINT GROUP AND ITS SUPPLIERS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. THE NIPPON PAINT GROUP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND THE CONTENT, SERVICES, PRODUCTS AND FEATURES AVAILABLE ON THE SITE. THE NIPPON PAINT GROUP AND ITS SUPPLIERS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR THE CONTENT, SERVICES, PRODUCTS OR FEATURES AVAILABLE ON THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED SITES AND THE CONTENT, SERVICES, PRODUCTS AND FEATURES AVAILABLE ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM. YOUR SOLE REMEDY AGAINST NB COATINGS OR THE NIPPON PAINT GROUP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE AVAILABLE ON THE SITE IS TO STOP USING THE SITE OR ANY SUCH CONTENT, SERVICE, PRODUCT OR FEATURE AVAILABLE ON THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access, alteration, or use related to the Site, whether a claim therefor is for breach of contract, tort, negligence or any other cause of action.

NB Coatings reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Site, any portion of the Site or any service, product or feature available on the Site for any reason; (ii) to modify or change the Site, any portion of the Site, or any service, product or feature available on the Site, and any applicable policies or terms; and (iii) to interrupt the operation of the Site, any portion of the Site, or any service, product or feature available on the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree to indemnify, hold harmless and, at NB Coatings’ sole option, defend, NB Coatings and its affiliates, and its and their officers, directors, shareholders, equity holders, members, predecessors, successors in interest, employees, and agents and shall pay all losses, damages, expenses and costs (including reasonable attorneys’ fees) incurred by any of the foregoing based upon any claim or action due to, arising out of or in connection with: (i) your breach of any of these Terms of Use; (ii) ;your use of the Site; or (iii) your use of the Materials or any content, service, product or feature available on the Site. NB Coatings shall have the option to participate in such defense or settlement negotiation and may, at its own expense, obtain counsel of its choosing.

In no event will NB Coatings be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NB Coatings has been advised of the possibility of such damages. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to NB Coatings, for which monetary damages would be inadequate, and you consent to NB Coatings obtaining any injunctive or equitable relief that NB Coatings deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NB Coatings may have at law or in equity.

The Site is controlled, operated and administered by NB Coatings from its offices within the United States of America. No member of Nippon Paint Group makes any representation that the Materials, data, or other information on the Site are appropriate or available for use at locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. These Terms of Use are governed by the laws of the State of Illinois, United States, without giving effect to its conflict of laws provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts in Chicago, Illinois.

You acknowledge and agree to comply with all U.S. laws and regulations, including, without limitation, the United States Export Administration Laws and Regulations, applicable to the export of U.S. origin products and technology.

Some of the information on the Site may contain forward-looking statements regarding future events or financial performance. Such statements are only predictions and actual events or performance may vary.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of these Terms of Use to be unenforceable, such provision or portion shall be deemed severed from these Terms of Use, but the remainder of these Terms of Use shall continue in full force and effect.

These Terms of Use constitute the entire agreement between NB Coatings and you with respect to your use of the Site. Neither course of conduct nor usage of trade shall act to modify or alter these Terms of Use.

Paragraphs 3 through 18 of these Terms of Use shall survive termination of these Terms of Use for any reason.