Privacy Policy
Welcome to the Kroy Express Outdoor Solutions website (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use.
1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of Kroy Building Products or its third party providers. Kroy Building Products also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of Kroy Building Products. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.
Kroy Building Products hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.
2. TRADEMARKS
"Kroy Building Products Inc.", "Kroy Express Outdoor Solutions", "Assurance Outdoor Solutions", "Classic Manor", "Timberlast" and other Kroy Building Products marks and product references are trademarks of Kroy Building Products and may be registered in certain jurisdictions. Other product names, company names, marks, logos and symbols may be the trademarks of its third party providers or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of Kroy Building Products or a third party.
3. ON-LINE CONDUCT
You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.
4. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than Kroy Building Products. Kroy Building Products does not endorse and is not responsible or liable for the contents or use of these third party sites. Kroy Building Products is providing these links to you only as a convenience.
5. TERMINATION OF ACCESS
Kroy Building Products may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.
6. DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. KROY BUILDING PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. KROY BUILDING PRODUCTS HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KROY BUILDING PRODUCTS DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.
7. LIMITATION OF LIABILITY RESPECTING SITE
NEITHER KROY BUILDING PRODUCTS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE).
8. INDEMNIFICATION BY SITE USER
You agree to hold Kroy Building Products and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Site or the Materials and all damages, costs and expenses relating thereto.
9. PRODUCT COLORS
Due to limitations in the ability of electronic media to reproduce colors, the actual colors of Kroy Building Products products may differ from colors of products that appear on the Site. Persons interested in products should contact a Kroy Building Products distributor to view actual product samples.
10. WARNING
Vinyl and composite lineals are made from organic materials and will melt or burn when exposed to a significant source of fire or heat. Building owners, occupants and maintenance personnel should always take precautions to keep sources of fire and heat, such as barbecue grills and combustible materials, such as dry leaves, mulch and trash, away from vinyl siding and accessories.
11. PRODUCT WARRANTIES; LIMITATION OF LIABILITY RESPECTING PRODUCTS
KROY BUILDING PRODUCTS MAKES NO EXPRESS GUARANTEES OR WARRANTIES ABOUT ANY PRODUCT SOLD BY KROY BUILDING PRODUCTS OTHER THAN AS STATED IN THE “WARRANTY” SECTION OF THE SITE. KROY BUILDING PRODUCTS DISCLAIMS ALL IMPLIED GUARANTIES, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KROY BUILDING PRODUCTS DOES NOT AUTHORIZE ANYONE TO MAKE A GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND ON ITS BEHALF.
YOU AGREE THAT NEITHER KROY BUILDING PRODUCTS NOR ANY AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES OF KROY BUILDING PRODUCTS ARE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PRODUCT IN EXCESS OF THE PRICE YOU PAID FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES). PLEASE NOTE THAT DISCLAIMERS OF IMPLIED PRODUCT WARRANTIES AND LIMITATIONS ON LIABILITY MAY BE UNENFORCEABLE IN PARTICULAR JURISDICTIONS.
12. PRIVACY POLICY
Currently, Kroy Building Products does not share your e-mail address or other personal profile information, such as name, address, gender or age, with third parties for marketing purposes without your prior consent. Kroy Building Products also does not include a functionality allowing third parties to perform reverse searches to identify users from e-mail addresses.
Currently, Kroy Building Products uses your personal profile information to create personalized content, services or advertising related to Kroy Building Products, its affiliates and the products and services offered by them. Kroy Building Products also uses your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information.
In using this Internet site, you may provide information regarding your tastes, ratings and preferences. You authorize Kroy Building Products to use such information in connection with any online or off-line offering or any electronic mail offerings by Kroy Building Products directed to you. Kroy Building Products may use your e-mail in connection with any such offering or campaign.
Notwithstanding the foregoing and in compliance with applicable laws, Kroy Building Products (a) cooperates fully with state, local and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Kroy Building Products on or through the Site) or purported unlawful activities of any user and (b) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Kroy Building Products may be required to disclose personal information. In addition, Kroy Building Products may elect to electronically monitor the user submit or distributor areas of the Site and may disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate Kroy Building Products; or (iii) to protect the rights or property of Kroy Building Products or others.
13. CHANGES TO SITE OR TERMS OF USE
Kroy Building Products may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. Kroy Building Products may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.
14. LOCAL LAWS; EXPORT CONTROL
Kroy Building Products makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.
15. SUBMISSIONS
All comments, questions, feedback, information or other materials you submit to Kroy Building Products through or in connection with this Site ("Submissions") shall be considered non-confidential and Kroy Building Products’s property. Kroy Building Products shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not Kroy Building Products, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright.
16. RIGHTS AND REMEDIES OF KROY BUILDING PRODUCTS
You agree that Kroy Building Products shall have all rights and remedies provided under these Terms of Use and under applicable law.
17. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use, the use of the Site and all orders and purchases from Kroy Building Products and other transactions conducted through the Site or with Kroy Building Products will be governed by and construed and enforced under the laws of the State of North Carolina (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Wake County, North Carolina; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.
18. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact Kroy Building Products at webmaster@Kroy-bp.com.