Johns Manville and its affiliates ("JM") provide the content and materials on this website (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws. The content and materials of this Site may be used only for non-commercial, personal use as described below. By accessing, downloading, or otherwise using any materials from this Site, you agree to these terms.
AGREEMENT TO ARBITRATE
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, PRODUCTS, OR CONTENT PROVIDED THROUGH THE SITE, SHALL BE RESOLVED THROUGH BINDING ARBITRATION. THIS ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION.
THE ARBITRATION SHALL TAKE PLACE IN DENVER, COLORADO, AND THE LAWS OF COLORADO SHALL APPLY. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES INVOLVED. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT A COURT COULD ORDER, INCLUDING INJUNCTIVE OR DECLARATORY RELIEF, AS LONG AS IT IS WITHIN THE SCOPE OF THIS CLAUSE.
YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.
IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL.
IF ANY PARTY FAILS TO COMPLY WITH THE DISPUTE RESOLUTION PROCESS SET FORTH HEREIN (INCLUDING WITHOUT LIMITATION, NON-PAYMENT OF AN ARBITRATION AWARD) AND A PARTY IS REQUIRED TO ENFORCE SUCH COMPLIANCE IN COURT OR ELSEWHERE, THEN THE NON-COMPLYING PARTY SHALL REIMBURSE ALL OF THE COSTS AND EXPENSES INCURRED BY THE PARTY SEEKING SUCH ENFORCEMENT (INCLUDING REASONABLE ATTORNEYS’ FEES).
BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THIS ARBITRATION CLAUSE. IF YOU DO NOT AGREE TO THIS CLAUSE, YOU MUST DISCONTINUE YOUR USE OF THE SITE.
Ownership, License and Restrictions on Use
All right, title and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belongs to JM. In addition, the names, images, pictures, logos, and icons identifying JM’s products and services are proprietary marks of JM and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark, or other intellectual property rights.
Users of this Site may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of this Site, in whole or in part. Users of this website may download copyrighted material for the user's non-commercial, personal use only as described below. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of JM. Users of this Site agree not to change or delete any author attribution, trademark legend or copyright notice from any downloaded material. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Users of this Site acknowledge that they do not acquire any ownership rights by downloading copyrighted material. Use of this website for any unlawful purpose is expressly prohibited.
JM grants users of this Site permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from this Site, provided that (i) the copyright notice below and this permission notice appear in all copies, (ii) use of such Documents is for informational and non-commercial, personal use only and (iii) use of such Documents conforms in all respects with the terms set forth above. Use for any other purpose is expressly prohibited.
Links to Third Party Sites
Disclaimer of Warranty; Limitation of Liability
THIS SITE IS PROVIDED ON AN “AS IS”, ”AS AVAILABLE” BASIS AND JM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS EXPRESSLY AGREE THAT USE OF THIS SITE IS AT USER'S SOLE RISK. NEITHER JM NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THIS SITE WILL BE ERROR FREE OR THAT USE WILL BE UNINTERRUPTED; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THIS WEBSITE.
Governing Laws in Case of Dispute; Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, USA, as they apply to agreements made and solely performed therein. Disputes in any way related to this Site shall be exclusively subject to the jurisdiction of the United States District Court for Colorado and/or State courts of Colorado in Denver, Colorado.
Changes to Site and Terms and Conditions
JM may change this Site and these Terms and Conditions with or without notice. You are solely responsible for reviewing this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of any changes.
Entire Agreement; Severability
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions.
Any communications or other information sent to JM via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas, and comments, will be treated as non-confidential and all such information may be used by JM for any purpose without compensation. Disclosure shall constitute an assignment of all right, title, and interest in such information to JM.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Last Updated: 11/1/2022