JM SmartBinder™ User Agreement
JM SmartBinder (sometimes referred to herein as "application") is an application owned and operated exclusively by Johns Manville ("JM") and is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein (sometimes referred to herein as "User Agreement"). Your accessing and continued use of this application constitutes you (and if you are representing a company, your company's) binding and conclusive acceptance and agreement of all such terms, conditions, and notices in the User Agreement. If at any time the terms and conditions of this agreement are no longer acceptable to you, then you shall immediately cease all use of JM SmartBinder and any of its ancillary products and services. This page states the terms and conditions under which you may use this application. This User Agreement governs you and/or your company's use of the JM SmartBinder and is binding on you, your company, as well as all individual registered users for which your company provides access to the JM SmartBinder. This User Agreement is concluded between you and JM only, and not with Apple. As such, Apple is not responsible for the application and any content thereof. Notwithstanding the foregoing, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the User Agreement, and that, upon your acceptance of the terms and conditions of the User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the User Agreement against you as a third party beneficiary thereof.
Accuracy of Information.
JM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the JM SmartBinder. JM may make improvements and/or changes in the information, products or services described herein at any time and while it is highly unlikely, the JM SmartBinder may cease publication at any time. Periodic updates to this application are provided, at the user's election, but are not guaranteed to contain the most up-to-date information. If there is a question as to whether the information is the most up-to-date, then contact JM directly.
Limitation of Liability.
Under no circumstances shall JM, its officers, directors, shareholders, agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential losses or damages incurred as a direct or indirect result of the use of or reference to this application or the information contained in the JM SmartBinder. This exclusion includes, without limitation, attorneys' fees, whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any products or services available in the JM SmartBinder, even if JM has been advised of such damages. Neither JM, nor any of its affiliates, officers, or employees warrant the accuracy, reliability, or timeliness of any of the data provided herein. This data is provided "as is" without warranty of any kind. The user is solely responsible to make certain it is dealing with the most up-to-date information at the time of its use. In addition to the exclusions contained herein, JM has no liability for user's reliance upon outdated information. Any person, firm or corporation using the information contained in the application expressly waives any claims against JM and its affiliates, employees, agents, officers, parent companies, arising out of or related to the use of this information. If you are dissatisfied with any products, services, information, or with any of the terms and conditions contained in the JM SmartBinder application, then your sole and exclusive remedy is to discontinue using the JM SmartBinder. If JM, its affiliates, parents, employees, officers or any of its third-party agents or providers are found for whatever reason liable in connection with a claim arising out of, or related to either the application or JM products, services or information, then their aggregate liability in such an event shall not exceed the amount paid for said products and/or services giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from either JM or its third-party providers. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of JM, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
In the event of any failure of the application to conform to any warranty that is not expressly disclaimed in the User Agreement, the end-user may notify Apple, and Apple will refund the purchase price, if any, for the application to you; but Apple will have no other warranty obligation whatsoever with respect to the application to the maximum extent permitted by applicable law.
JM its affiliates, parents, employees, officers and its third-party providers make no representations about the suitability or results of the products, services, or information contained in JM SmartBinder for any purpose. All such products, services and information are provided "as is," "as available," and "subject to quantities on hand" without warranty of any kind, express or implied. Buyers beware! In the event that JM acts as a publisher for any products within this application either directly or indirectly, JM shall have no duty to investigate the factual or other basis of the material. JM its affiliates, parents, employees, and officers hereby disclaim all warranties with regard to the products, services and information, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. JM its affiliates, parents, employees, and officers do not warrant that the information will be uninterrupted or error-free, that defects will be corrected, or that JM SmartBinder or the software that makes it available, are free of viruses or other harmful components. JM its affiliates, parents, employees, and officers and any third party content provider do not warrant that any files available for downloading through the Web site will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content is assumed solely by you. All information that has been provided on JM SmartBinder should be independently verified.
Apple is not responsible for addressing any claims of you or any third party relating to the application or your possession and/or use of that application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Use of JM SmartBinder.
The assenting party to this User Agreement acknowledges and agrees that all of such party's registered users, by virtue of their access to JM SmartBinder, are hereby authorized to:
- send and receive information through JM SmartBinder on behalf of the assenting party to this User Agreement, and
- if designated to have this authority, conduct electronic transactions through JM SmartBinder on behalf of the assenting party to this User Agreement, including the submission of electronic orders for the purchase of products as contemplated by the underlying purchase agreement(s) in accordance with the terms of the underlying purchase agreement(s).
Additionally, you represent and warrant that:
- (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Restrictions on Use.
JM SmartBinder and SpecJM Web site contains, or may contain, including but not limited to, products, services, charts, images, information, illustrations, logos, reviews, email newsletters, ezines, ebooks, software, photographs, audio and video clips, graphics, links and other material collectively, called the "Content" that are protected by copyright, trademark or other proprietary rights, owned or controlled by JM, third parties or their respective owners or licensees. All Content contained in JM SmartBinder is or may be copyrighted as a collective work of JM pursuant to applicable copyright law. This material is for personal use only and you agree to comply with any use and other restrictions contained in any Content available on or accessed through JM SmartBinder. Special rules may apply to the use of certain software and other items provided on JM SmartBinder. You must access the information manually by request and not programmatically by macro or other automated means. You may not redistribute, sell, decompile, reverse engineer, or disassemble any software or any other products within this tool in any manner unless prior written authorization is given. You may not use the contents for any unlawful or commercial purpose.
The limited license granted to you for use of the application per this User Agreement is limited to a non-transferable license to use the application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service and this User Agreement.
Except as expressly permitted with written approval by JM, no part of the information available from this application may be exploited, used to create derivative works, or reduced to any electronic medium or in any other manner not herein stated, in whole or in part, without the prior written approval of JM or its third-party providers. Content consisting of downloadable software may not be re-engineered in any way. You may not incorporate any Content, in whole or in part, by framing, by mirroring, or any other method into another application or web site.
This User Agreement incorporates by reference the terms and conditions of Web site use contained in the following linked documents which are posted on www.jm.com. Please click on the links below to review this information carefully.
We established JM SmartBinder at our cost to serve you better. You are responsible for costs associated with any equipment you use to access JM SmartBinder and for all charges for such access.
This User Agreement shall remain in full force and effect even after the assenting party discontinues or otherwise removes all of its registered users or JM revokes the registration of the assenting party to this User Agreement and its registered users and terminates access to JM SmartBinder.
The assenting party to this User Agreement acknowledges and agrees that terms and conditions embodied in this User Agreement constitute the basis for continuing eligibility to access JM SmartBinder and that failure by the assenting party to this User Agreement to comply with such terms and conditions shall allow JM to at any time, and in its sole discretion, to discontinue the assenting party's access to JM SmartBinder and/or to terminate this Agreement. The assenting party acknowledges and agrees that it has no continuing right to use or access JM SmartBinder and that JM in its sole discretion may at any time elect to terminate the assenting party's authorization to access JM SmartBinder and/or to terminate this User Agreement. The assenting party to this User Agreement specifically agrees that JM may in its sole discretion terminate this User Agreement in the event of (i) the filing by or against the assenting party of any voluntary or involuntary petition seeking liquidation, reorganization or any similar relief under bankruptcy, insolvency or similar laws, (ii) any appointment or taking of possession of the assenting party by a receiver, trustee, custodian or liquidator, (iii) any assignment for the benefit of creditors or failure by the assenting party generally to pay its debts when due or (iv) the assenting party shall be in default or past due on any and all payments owed to JM for products sold to the assenting party.
The term "assenting party to this User Agreement" or similar descriptions herein refer to (a) the legal entity or person (as applicable) who has become a user of JM SmartBinder; (b) who has accessed JM SmartBinder; and (c) who, by accessing the JM SmartBinder, has agreed to the terms of this User Agreement
"JM" or "Johns Manville" refers to Johns Manville.
The term "underlying purchase agreement(s)" shall refer to the terms and conditions under which JM sells its products to the assenting party to this User Agreement, which terms shall include JM's standard terms and conditions of sale, unless otherwise agreed in writing between the parties, and also shall include such other terms governing pricing, discounts, rebates, promotional allowances or otherwise to which the parties have agreed in writing. Unless expressly stated, the specific terms and conditions of any Purchase Agreement control to the extent they are in conflict with the terms and conditions of this User Agreement.
The terms, conditions and provisions of this User Agreement shall be binding upon the successors and permitted assigns of the respective parties hereto. The assenting party to this User Agreement acknowledges and agrees that this User Agreement is not assignable, directly or indirectly, whether by operation of law or otherwise, without the prior written consent of JM.
Framing & Mirroring.
Framing or mirroring any page or any information located on JM SmartBinder is strictly forbidden.
Third Party Web Sites.
JM SmartBinder and the SpecJM Web site may contain links to other Web sites that may be of interest to you the visitor and reference to products and services offered by third parties and are provided to you for convenience only and does not constitute an endorsement or approval by us in any way. JM has no control over, or responsibility for the content found on those Web sites, accessibility, or for products and services offered by third parties. JM does not assume any liability for the use and you acknowledge and agree such use shall be at your own risk. Your linking to any page within this Web site is at your sole risk. JM reserves the right to demand the removal of any link from a Web site.
Except where indicated, all content on JM SmartBinder is Copyright by JM and is protected by US, and foreign copyright and trademark law. All rights reserved.
In the event of any third party claim that the application or your possession and use of that application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The trademarks, logos and service marks displayed on JM SmartBinder are either owned by JM, used by permission, under license from their respective owners or are the property of other third parties. You are not permitted to use such trademarks without the prior written consent of their respective owners or such third parties that may own them, as applicable.
Any and all software that is made available for downloading the JM SmartBinder is protected by copyright laws and may be protected by rights of others. The use of such software is governed by the terms of the software License Agreement or designated Legal Notice accompanying such Software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement and this User Agreement.
Modification of these Terms and Conditions.
JM reserves the right to change this User Agreement at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on JM SmartBinder. Continued use of JM SmartBinder following any such changes shall constitute your acceptance of such changes.
JM is responsible for providing any maintenance and support services with respect to the application, but only to the limited extent as either expressly specified in this User Agreement or as required under applicable law. By using this application, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Choice of Law/Venue.
The laws of the State of Colorado, U.S.A., govern this User Agreement without regard to choice of law provisions. You consent to the exclusive jurisdiction and venue of courts in the City and County of Denver, Colorado, U.S.A. in all disputes arising out of or relating to the use of JM SmartBinder. Use of this JM SmartBinder is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.
This User Agreement, (together with all documents referenced by hyperlink herein and any underlying purchase agreement(s), is the complete agreement between the parties concerning use of JM SmartBinder. A printed version of this User Agreement will be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied regarding the use of JM SmartBinder which are not specified in this User Agreement as posted from time to time.