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Site Terms and Conditions Agreement

Welcome to National Gypsum Company’s Website (the “Site”). We maintain this Site as a service to our customers. Please review the following terms and conditions carefully. If you do not agree to these terms and conditions, you cannot use this Site.

  1. Acceptance of Agreement

    By registering to use the Site, you agree to comply with and be bound by this Site Terms and Conditions Agreement (“Agreement”). We may revise this Agreement and make changes to the Site content, documents, information or any links at anytime. You should visit this page periodically to review the terms and conditions, because they are binding on you.

  2. Limited Right to Use

    The viewing, printing or downloading of any text, content, images, graphics, form, document or other material (the “Material”) from the Site grants you only a limited, nonexclusive license for use solely by you for your own internal business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use without our separate written permission. Except for your own proprietary information that may be included in the Material, no part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal business use (but not for resale or redistribution) without our prior written consent.

  3. Copyright

    All Material and everything you see or read on this Site is protected by copyright under both United States and foreign laws unless otherwise noted and may not be used except as provided in this Agreement. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

  4. Trademarks

    All trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Site are registered or unregistered Trademarks of National Gypsum or other third parties. Nothing contained on the Site may be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of National Gypsum or such third party that may own the Trademarks.

  5. Access

    After your acceptance of these terms and conditions, you will be provided as many individual user identifications as you may reasonably request, each of which will allow you to request credit references and access data on the Site. We will use reasonable efforts to terminate, within a reasonable period of time, any user identification number for which you request in writing. You will be solely and strictly responsible for maintaining the security of such user identifications, and we shall not be liable in any manner for your failure to do so.

  6. Disclaimer and Limitation of Liability

    While we use reasonable efforts to include accurate and up-to-date information in this Site, the Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, availability or timeliness of the information and services contained on the Site or about the results to be obtained from using the Site. THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR SUBSIDIARIES AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY RELATED INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR SUBSIDIARIES AND AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION AND SERVICES THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

  7. Use of Information and Privacy Policy

    We reserve the right, and you authorize us, to the use of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy or any other agreement between us and you. Our Privacy Policy, as it may change from time to time, is provided below and is a part of this Agreement.

  8. Links to Other Web Sites

    The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  9. Miscellaneous

    This Agreement shall be treated as though it were executed and performed in Charlotte, North Carolina, and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflicts of laws principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) shall be subject to the limitations set forth in this Agreement and must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Charlotte, North Carolina. You expressly submit to the exclusive jurisdiction of the courts within such jurisdiction and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.


Privacy Policy

Our Commitment to Privacy

The Privacy Policy for our customer website portal (the “Site”) was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our customers. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our Site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers’ needs.

What Information Do We Collect?

When you visit our Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Site use information collected as you browse our Site.

  1. Personal Information

    We will not collect any personally-identifiable information about you (e.g., your name, address, telephone number or email address (“personal data”)) through the Site unless you have provided it to us knowingly and voluntarily.

    When you do provide us with personal data, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve and enhance our products and services; we may use that information to contact you; and we may provide other third parties with aggregate – but not individual – information about visitors to our Site. We do not now and do not intend to sell, rent or market personal data about you to third parties.

  2. Web Site Use Information

    In some cases, we may automatically (i.e., not via registration) collect technical information when you connect to our Site that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operation system you are using and the domain name of the web site from which you linked to our site.

    When you view our Site, we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and can help us in many ways. For example, Cookies allow us to tailor a web site to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.

Sharing Information with Affiliates

From time to time you may notice offers from outside companies advertised on our Site. We take measures to select product or service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies.

How Do We Protect Your Information?

Information Security. You understand and agree that “perfect” security does not exist anywhere, including the Internet. Notwithstanding this fact, we do use the following encryption/security software to safeguard the confidentiality of the information we display and collect from unauthorized access or disclosure and accidental loss, alteration or destruction. If you have any questions about this software, please contact us for further information.

Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed so that we may maintain the security, confidentiality and quality of our information.

What About Other Web Sites Linked to Our Web Site?

Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on our Web site, is subject to that Web site’s own rules and policies. Please read over those rules and policies before proceeding.

Your Consent

By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Web site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.




 
  NATIONAL GYPSUM COMPANY | 2001 REXFORD RD | CHARLOTTE, NC 28211 | 704.365.7300 | 800-NATIONAL  
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