- PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU
ACKNOWLEDGE AND AGREE THAT YOU:
- 1. HAVE READ ALL OF THESE TERMS;
2. UNDERSTAND ALL OF THESE TERMS;
3. AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS
OR USE THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
These Terms of Service (these “Terms”) apply when you access or use any website, mobile application and
other online product and service (collectively, the “Services”) of American Polymers Corp., dba “Everroof
Products” (“Everroof,” “we” or “us”). These Terms do not alter the terms or conditions of any other
agreement you may have with Everroof for specific products or services. If you are using the Services on
behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such
entity’s behalf and that such entity agrees to indemnify you and Everroof for violations of these Terms.
Nothing in these Terms will be deemed to confer any third-party rights or benefits.
UPDATES TO THESE TERMS
- We reserve the right to modify any provisions of these Terms and any policies or guidelines governing your
use of the Services at any time at our discretion and without liability to you. The modifications will be
effective immediately upon posting the modified Terms on the Services, and you waive any right you may have
to receive specific notice of the modifications. Your continued use of the Services following the posting of
the modifications constitutes your acceptance to the modifications. Therefore, you should frequently review
these Terms and all applicable policies or guidelines on the Services to understand the terms and conditions
applicable to your use of the Services. If you do not agree to any modifications to these Terms or to any
applicable policies or guidelines on the Services, you must stop using the Services.
PRIVACY POLICY
- Please refer to Everroof’s Privacy Policy for information on our privacy practices. If you are a resident
of any country outside the United States, you understand and agree that we will store and process your
personal information on computers located in the United States, and that by providing any information to us,
you consent to the transfer of such information to the United States.
THE SERVICES
- As part of the Services, Everroof may offer training, support and professional services to help you
install, spray and optimize our various products according to your suitability.
Everroof also manufactures, distributes and maintains proprietary of various coating products for its
customers. The Services may be provided by Everroof or its third-party service providers. Everroof reserves
the right to change any and all content contained in the Services and to modify, suspend or discontinue the
Services or any features or functionality of the Services at any time without notice and without obligation
or liability to you.
You will not violate any law, contract, intellectual property or other third-party right or commit a tort,
and you are solely responsible for your conduct while on the Services. You will not do, and will not allow
or authorize any third party to do, any of the following:
• Use the Services in any manner that could interfere with, disrupt, negatively affect the Services, or that
could damage, disable, overburden or impair the functioning of the Services in any manner;
• Harvest or collect information about other users, including their email addresses, without their consent;
• Use or attempt to use any account you are not authorized to use;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a
person or entity;
• Attempt to circumvent any techniques we employ, or attempt to access any service or area of the Services
that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any
products or services for any purpose;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party Services without our prior written consent;
• Use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any activity
that violates these Terms.
Everroof is not responsible or liable for the conduct of, or your interactions with, any other users of the
Services (whether online or offline), or for any associated loss, damage, injury or harm. As a provider of
coating services, Everroof is not liable for any statements, representations or services provided by our
users through the Services.
SUBMISSIONS
- You acknowledge and agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding
the Services, Everroof or Everroof’s products or services (collectively, “Submissions”) that you communicate
to Everroof (whether by email, any postings on the Services or otherwise) are non-confidential and will
become the sole property of Everroof. Everroof will own exclusive rights, including all intellectual
property rights and will be entitled to the unrestricted use and dissemination of Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge that
Everroof may have ideas or materials similar to Submissions already under consideration or development and
that you are not entitled to compensation or reimbursement from Everroof of any kind in connection with
Submissions.
COPYRIGHT
- The Services and all content and other materials on the Services, including, but not limited
to, the Everroof effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio
clips, digital downloads, data compilations, products and the selection and arrangement thereof
(collectively, the “Materials”) are our property or are licensed to us are protected by United States and/or
international copyright laws. Except as otherwise provided in these Terms, you are not permitted to copy,
modify, display, license, create derivative works of, or otherwise exploit our Materials without written
permission of the copyright holder.
TRADEMARK
The Services and all content and other materials on the Services, including, but not limited to, the
Everroof effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips,
digital downloads, data compilations, products and the selection and arrangement thereof (collectively, the
“Materials”) are our property or are licensed to us are protected by United States and/or international
copyright laws. Except as otherwise provided in these Terms, you are not permitted to copy, modify, display,
license, create derivative works of, or otherwise exploit our Materials without written permission of the
copyright holder.
LIMITED LICENSE AND RESTRICTIONS
We may grant you a limited, non-sub licensable, non-exclusive and revocable license to access and make use
of the Services and the Materials solely in accordance with, and subject to, these Terms and any other of
our policies as posted on the Services. Except as otherwise expressly permitted by these Terms, you may not
do any of the following: (i) collect, use, copy or distribute any portion of the documents, Services or the
Materials; (ii) resell, publicly perform or publicly display any portion of the documents, Services or the
Materials; (iii) modify or otherwise make any derivative uses of any portion of the documents, Services or
the Materials; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device,
program, algorithm or methodology which perform similar functions to access, acquire, copy or monitor any
portion of the documents, Services & materials; (v) use the Services in a manner which results in the
depletion of Website infrastructural resources; (vi) download (other than page caching) any portion of the
documents, Services, the Materials or any information contained therein; or (vii) use the documents,
Services or the Materials other than for their intended purposes.