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Terms of Use

These Terms of Use & Disclaimers constitute a legally binding agreement made by and between Akzo Nobel Pty Limited. (“AkzoNobel”) and you, whether personally or on behalf of an entity (“you”). These Terms of Use & Disclaimers govern your use of the specifyInterpon.com website (the “Website”), so please read them carefully.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE & DISCLAIMERS AND THE PRIVACY POLICY.  DO NOT ACCESS OR USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.

AKZONOBEL RESERVES THE RIGHT TO MAKE ANY CHANGES TO THIS AGREEMENT AT ANY TIME.  YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISIONS OF THESE TERMS OF USE & DISCLAIMERS AND THE PRIVACY POLICY.  YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS AND UPDATES.

TERMS OF USE

Eligibility

Except as expressly provided below, Registration is limited to individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from registering.

Passwords

If you are an Interpon D Australian Approved Applicator you will receive an account with a unique password. You must keep your password confidential. You must notify AkzoNobel immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify AkzoNobel immediately if you become aware of any other breach or attempted breach of the security of the Website.

Copyrights

All content included in the Website, such as without limitation, text, graphics, logos, button icons, images, audio clips and software, is the property of AkzoNobel, the AkzoNobel group of companies or their content suppliers, or is used with permission from its owner, and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content of the Website is the exclusive property of an AkzoNobel company and is protected by Australian and international copyright laws. All software used on the Website is the property of either an AkzoNobel company or their software suppliers and is protected by Australian and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of using the Website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Website is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to the AkzoNobel group of companies, or other respective owners that have granted AkzoNobel the right and license to use such intellectual property.

Product Orders

While we will use our best efforts to fulfill all orders, AkzoNobel cannot guarantee the availability of any particular product displayed on this Website. AkzoNobel reserves the right to discontinue the sale of any product listed on this Website at any time without notice.

Ownership and Use

Each of the AkzoNobel group of companies will retain ownership of its intellectual property rights, and you may not obtain any rights except as explicitly provided herein. You do not have the right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as explicitly provided herein. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.

DISCLAIMERS

AkzoNobel does not promise that this Website or any content, service or feature of this Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this Website will provide specific results. AkzoNobel does not control the information provided in third party links, services, goods, resources and information available through the Website, including, without limitation, information provided through third party advertisements. The information, services, products offered and materials contained in and/or advertised on the Website, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or accuracy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKZONOBEL AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, AkzoNobel and its suppliers do not represent or warrant that the information accessible via the Website is accurate, complete or current. We are not responsible for typographical errors. Availability information is subject to change without notice.

User Reviews, Comments and Other Submissions

All reviews, comments or other submissions provided on or about this site, or otherwise submitted in connection with your use of the Website, shall be and remain the property of AkzoNobel. Such disclosures, submissions or comments shall be deemed an assignment to AkzoNobel of all worldwide rights in all intellectual property relating to the reviews, comments or submissions.

You agree that no reviews, comments or submissions submitted by you to the Website or to AkzoNobel through the Website will violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary right(s). You further agree that no, reviews, comments or submissions submitted by you to the Website will be or contain libelous, offensive, fraudulent, unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any disclosures, submissions or comments you make. AkzoNobel reserves the right to remove, disable or eliminate any and all such reviews, comments and submissions at its sole discretion, and you agree to comply with any demand by AkzoNobel to remove, disable or eliminate any and all such reviews, comments and submissions.  AkzoNobel reserves the right to terminate any accounts and subscriptions of violators of these provisions.

You agree that AkzoNobel may use and/or disclose information consistent with our Privacy Policy.

Indemnification

You agree to indemnify the AkzoNobel group of companies and their employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders and hold them harmless from any and all damages that might arise from, but not limited to, costs associated with defending allegations of infringement arising out of reviews, comments or submissions submitted by you which violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary right(s), or which arise from, but not limited to reviews, comments or submissions submitted by you which contain libelous, offensive, fraudulent, unlawful, abusive or obscene material.

License

By posting, storing or transmitting any content on or to the Website, you hereby grant AkzoNobel a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.

Prohibited Conduct

In your use of the Website, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Website or any websites or Networks linked to the Websites; (iii) interfere with or damage the Website, including, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail information or similar methods of technology; (iv) impersonate another person or entity, misrepresent your affiliation with another person or entity, including without limitation, AkzoNobel, federal, state, or municipal government, or a political candidate; or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automated process, information about other users without their express consent or other information relating to the Website; (viii) use any meta tags or other “hidden text” utilizing the name, trademarks, or product names of the AkzoNobel group of companies; (iv) advertise, offer to sell, or sell any goods or services; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use, Disclaimers & Privacy Policies.

Export Controls

You may not export or re-export any information or products received on the Website except in full compliance with all applicable laws and regulations. Use contrary to those laws is prohibited. Neither the products, nor any information acquired through the use of the Website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or residents, nor may the products of information be used for nuclear activities, missile projects, chemical or biological weapons, or terrorist activities, unless specifically authorized by us in writing for such purposes. You are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products found on the Website.

Electronic Communications

You agree that AkzoNobel is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the Website or the products or services of the AkzoNobel group of companies, or for any such other lawful purpose(s) as AkzoNobel deems appropriate.

Links to Other Websites and Services

The Website may contain links to websites not owned by the AkzoNobel group of companies. AkzoNobel does not assume any responsibility for any such websites and provides links to such websites solely for the convenience of our visitors. AkzoNobel does not control the content of such websites and takes no responsibility for their content, nor should it be implied that AkzoNobel endorses or otherwise recommends such websites or the products or services offered on or from such websites.

Limitations on Liability

IN NO EVENT SHALL AKZONOBEL OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE, ON ANY THEORY OF LIABILITY WHATSOEVER, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES CAUSED BY SUCH PARTIES OR BY THE EMPLOYEES, AGENTS OR ANY OTHER AUTHORIZED REPRESENTATIVE OF SUCH PARTIES, EVEN IF AKZONOBEL OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on the length of an implied warranty, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Force Majeure

AkzoNobel or any of its affiliated entities or suppliers will not be liable for failing to perform by the occurrence of any event beyond their reasonable control, including without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to the Website to perform, fire, terrorism, natural disaster or war.

Termination

AkzoNobel will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these Terms and Conditions, Disclaimers & Privacy Policies; or (ii) your violation of the rights of any third party.

If you are a member, you may terminate your account at any time by providing notice to AkzoNobel.

If your account is terminated, AkzoNobel may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the Website on AkzoNobel’s servers or otherwise in its possession. Following termination, you will not be permitted to use the Website. If your account or your access to the Website is terminated, AkzoNobel reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).

Waiver of any Class Action Right

By accessing the Website, you hereby irrevocably, waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms and Conditions, Disclaimers & Privacy Policies must be asserted individually.

Applicable Law

The laws of the State of New South Wales will govern the terms of use, disclaimers and privacy policy without giving effect to any principles of conflict of law. Any dispute arising out of or in connection with these terms of use shall be referred to the courts of the State of New South Wales.  We reserve the right to make changes to the Website and the terms of use, disclaimers and privacy policy, at any time.

Acceptance of Terms of Use, Disclaimers and Privacy Policy

By using the Website, you signify your acceptance of and agreement with our Terms of Use, Disclaimers & Privacy Policies with respect to any products you purchase, any project information you submit and any Aggregate and Personal Information collected. If you do not agree to all of the Terms of Use & Disclaimers, please do not use the Website. Your continued use of the Website following the posting of changes to these terms will mean that you accept these changes accordingly.

Last modified: June 3, 2011