JAMES HARDIE BUILDING PRODUCTS INC. WEBSITE

TERMS OF USE

1.                  Introduction


This page states the terms and conditions under which you may access and use (the “Terms of Use”) the James Hardie Building Products Inc. website, online order entry system (Hardielink), and Storefront (collectively, the “Website”).  Please read these Terms of Use carefully. Your authorization to use the Website is conditioned on your agreement with and acceptance of these Terms of Use. By accessing any part of the Website, you are indicating your acceptance to be bound by these Terms of Use. Please note that we may revise these Terms of Use at any time by updating this posting (with any such revisions being effective once posted on the Website). For this reason, you should periodically review the Website for revisions to these Terms of Use. As used in these Terms of Use, the terms “JH,” “James Hardie,” “we,” “us” and “our” refer to James Hardie Building Products.

 
2.         JH Website Content and Intellectual Property Rights


You acknowledge that the Website contains information, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, images and other material (collectively, the “Content”) that are protected, individually and collectively, by copyright, trademark, patent or other proprietary rights of James Hardie or third-parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by these Terms of Use or applicable law (including, without limitation, U.S. copyright, trademark and patent law). You may download or otherwise copy the Content; provided that your use of the Content is limited to informational and internal business purposes only and that you do not alter or modify the Content in any way. If you download or otherwise make a copy of the Content, you accept all the risks from doing so, including any damage to your hardware or software. You must not delete or alter any notices contained in the Content, such as copyright notices, trademark legends or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, modify or distribute in any way the Content without obtaining permission of the owner of the copyright or other proprietary right. Your access and use of the Website in accordance with these Terms of Use does not give you any right or interest in any Content or other information available on the Website, which at all times shall remain the property of James Hardie or other owner.


3.         Ordering of Products


If you order any products via the James Hardie online order entry system made available on the Website to certain authorized users, you agree that your order is subject to our then-current Terms of Sale and Limited Warranty which are incorporated herein by reference and made a part of these Terms of Use. The Terms of Sale and Limited Warranty contain important terms and conditions that will apply to any order you place with us, including, for example, terms regarding prices, cancellations, delivery, warranty, limitation of liability, returns and payment. Please note that we may revise the Terms of Sale and Limited Warranty at any time. Therefore, prior to ordering any products from us via the online order entry system, you should carefully read the Terms of Sale and Limited Warranty.  You should also note that the Terms of Sale and Limited Warranty apply solely to James Hardie products.  James Hardie assumes no responsibility or liability for non-James Hardie products purchased through a James Hardie channel partner.


 
4.         Disclaimers and Limitations on Liability


YOU EXPRESSLY AGREE THAT USE OF THE JH WEBSITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS WARRANT THAT (i) USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE WEBSITE IS ACCURATE, RELIABLE OR CURRENT; OR (iii) THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

 
THE WEBSITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US OR ANY PROVIDER SHALL CREATE ANY WARRANTY.

 
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 
5.         Third-Party Websites


Occasionally, we may make available a link to a third-party’s website. These links will let you leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse any such site or its use or contents.


6.         Unsolicited Submissions


We are pleased to hear from our customers and site users and welcome your comments regarding James Hardie and our website. If you send us comments, suggestions, ideas, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. 


7.         Applicable Law


We maintain the Website from our offices in Chicago, Illinois, United States of America. We make no representation that the Content on the Website is appropriate or available for use in all jurisdictions, and access to the Content from locations in which such Content is illegal is prohibited. Those who may choose to access the Website from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Website or the Content shall be governed by the internal laws of the State of Illinois, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the State of Illinois. 


8.         Termination


These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease all further use of and access to the Website and any notification of termination or other rejection of these Terms of Use is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice. You agree that any termination of your access to the Website may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website. 


9.         Copyright Complaints


We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • >A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Website where the material that you claim is infringing is located.
  • Your address, telephone number and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  • A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


You should send your notice of copyright infringement concerning the Website to us via Webmaster@jameshardie.com.

10.       Other Terms


Our failure to exercise or enforce any right or provision of these Terms of Use on any occasion shall not constitute a waiver of such right or provision. If any provisions of these Terms of Use are found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of these Terms of Use shall remain in full force and effect.