Terms of Use and Private Policy

Legal Notice

TERMS AND CONDITIONS OF USE
Please read these terms carefully before using this Web site.

This Web site (the “Site”) is provided by National Coatings Corporation ("NCC") and may be used for informational purposes only. Use of this Site in any manner by You shall constitute Your agreement and acceptance without modification of the notices, terms and conditions set forth herein. If You do not agree and accept without modification the notices, terms and conditions set forth herein, You may not use this Site. In addition, as a condition of use of this Site, You agree to use this Site only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting Your identity; (ii) tampering with this Site; and (iii) conducting fraudulent activities.

Although this Site may provide information concerning product usage and specifications, it is not a substitute for advice from a qualified professional, and You should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.

This Site, the materials contained within it (the Materials”), the information expressed and the trademarks displayed at this Site are protected by intellectual property rights of NCC and others in agreement with NCC. You agree to comply with all copyright laws worldwide in Your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, NCC does not grant any express or implied right to You under any patents, trademarks, copyrights or trade secret information.

Subject to the terms and conditions set forth in this notice, NCC grants You a non-exclusive, non-transferable, limited right to access, use, copy and print the Site and the information and Materials thereon without alteration, from this Site only forYour personal use and subject to the copyright notice and trademark notice(s) applicable at this Site. This right granted to You can be revoked or changed at any time. No other use is permitted without the prior written consent of NCC. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You are not permitted to modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, photographs, products or services from this Site.

Any personally identifiable information You may provide to NCC via this Site is subject to the NCC Privacy Policy associated with this Site. NCC does not want You to, and You should not, send any confidential or proprietary information to NCC via the Site. You agree that any information or materials that You or individuals acting on Your behalf provide to NCC via this site will be deemed to be no longer confidential or proprietary. By providing any such information or materials to NCC, You grant to NCC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and You further agree that NCC is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to NCC.
ALL CONTENT OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS SITE, ARE PROVIDED "AS IS," AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. NCC DISCLAIMS, AND YOU HEREBY WAIVES, ANY AND ALL WARRANTIES AND LIABILITIES OF NCC, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NCC DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT WILL NCC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NCC IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

NCC does not warrant or make any representations regarding the use or the results of the use of the information or materials on this Site in terms of their correctness, accuracy, reliability, or otherwise, and information on this Site may contain technical inaccuracies or typographical errors. NCC uses reasonable efforts to include accurate and up-to-date information on this Site, however errors or omissions may occur, including information concerning price and product specifications. In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.

NCC reserves the right to change the content of this Site at any time. Any links provided by the company to other web sites are provided solely for convenience; except where specifically stated there are no endorsements of those web sites or their content. Any other notices or conditions of use within this Site must also be observed. NCC reserves the right to discontinue any service offered on this Site at any time without notice.

This Site is controlled, operated by NCC from its offices within the United States of America. NCC makes no representation that materials at this site are appropriate or available for use at other locations outside of the U.S. and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If You access this Site from a location outside of the United States, You are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.

These Terms and Conditions constitute the entire agreement between You and NCC with respect to this Site. These Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and NCC with respect to this Site. No modification of these Terms and Conditions shall be effective unless it is authorized in writing by an officer of NCC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

Privacy Policy

National Coatings Corporation ("NCC") thanks you for accessing or using this web site (the "Site"). NCC wants to assure You that NCC respects Your privacy. NCC knows that trust is the key to any successful business relationship. The following Privacy Policy describes NCC 's commitment to protect Your personal information.

Use of this Site constitutes Your consent to the collection and use of the information as described below in this Privacy Policy. If NCC changes this Privacy Policy, NCC will update this page of the Site so that You will be aware of any changes to this policy. NCC encourages You to review this Privacy Policy from time to time so You will know if the Privacy Policy has been changed or updated. Your continued use of the Site after any such changes constitutes Your acceptance of the new terms. If You do not agree to abide by these new terms or any future terms, please do not use the Site.
This Privacy Policy explains how NCC collects, uses and discloses Your personal information. This Privacy Policy also explains the steps NCC has taken to ensure that Your personal information is secure. Finally, this Privacy Policy explains Your choices regarding the collection, use and disclosure of Your personal information.

THE SITE INCLUDES LINKS TO THE WEB SITES OF THIRD PARTIES. WE PROVIDE THESE LINKS AS A CONVENIENCE TO OUR USERS. THE INCLUSION OF ANY LINK DOES NOT IMPLY NCC'S ENDORSEMENT OF ANY COMPANY, ITS WEB SITE, OR THE PRODUCTS AND SERVICES IT SELLS. PLEASE NOTE THAT NCC IS NOT RESPONSIBLE FOR ANY CONTENT OR THE PRIVACY PRACTICES OF ANY WEB SITE OTHER THAN OUR OWN SITE.

INFORMATION COLLECTION AND USE

1. Information Collection. NCC may collect information from You at several different points and in different ways on this Site. NCC will ask You for Your permission before NCC collects any information that personally identifies You or allows NCC to contact You. NCC's primary goal in collecting personal information from You is to provide You with an efficient, meaningful and customized experience. For example, NCC can use Your personal information to:

• Make this Site easier for You to use by not having to enter information more than once.
• Help You quickly find information and services.
• Help NCC create content on this Site that is most relevant to You.
• Alert You to updated information and services offered by NCC.

Generally, NCC may collect Your name, job title, e-mail address, mailing address, number and street, city, state, zip (postal) code, country, telephone number, fax number, mobile phone number, personal or corporate web site address, and other information as necessary.

(a) Registration. To use this Site, or certain portions or features of the Site, You may be required to first complete an online registration form. During registration You will be prompted to provide to NCC certain personal information, including but not limited to Your name, address, phone number and e-mail address.

(b) Cookies. "Cookies" are pieces of information that are stored by a user's Internet browser on a user's computer's hard drive. The Site may store some information on Your computer in the form of a cookie or similar file. However, the Site does not use permanent cookies that contain any personally identifying information, such as Your name or address. The cookies allow us to recognize You when You return to our site and to provide You with a customized experience that we feel will be of value to You. Most web browsers allow You to exercise control over cookie files on Your computer by erasing them, blocking them, or notifying You when such a file is stored. Please take a look at Your particular browser for instructions on this function. If You do elect to disable the Site's cookies, please note that You may not be able to take full advantage of the Site.

(c) Log Files. This Site automatically collects information pertaining to Your access. Such information may include Your Internet protocol ("IP") address as well as other connection and usage information for system administration and troubleshooting purposes. (An IP address indicates the location of Your computer on the Internet.) NCC does not link an IP address to any personally identifiable information.
Children's Online Privacy Protection Act (COPPA).

This Site is a website directed to the general public. NCC does not knowingly collect information from children under 13, and children under 13 years of age should not use the Site to submit any individually identifiable information about themselves.

2. Information Use and Disclosure

NCC may identify You in connection with Your use of certain aspects of this Site. NCC may internally use Your personal information to improve NCC's marketing and promotional efforts, to improve the Site's content and/or layout, and to determine general marketplace information about visitors to this Site. By visiting the Site and providing NCC with data, You acknowledge and agree that due to the international dimension of the company, NCC may use the data collected as set forth in this Privacy Policy, and to provide the information to other NCC businesses which may be outside Your resident jurisdiction. NCC may share Your customer information with any of its sister corporations or subsidiaries. In addition, such data may be stored on servers located in other jurisdictions. By providing NCC with Your data, You consent to the transfer of such data. NCC may disclose Your personal information pursuant to a court or government order, or if requested by law enforcement. In addition, NCC may combine the information You provide on its website with other information lawfully obtained from third parties.

Please note that because a customer information database is customarily considered a business asset, NCC reserves the right to transfer the database in a merger or sale of some or all of its company or in an action for bankruptcy. Your information will continue to be treated in accordance with this Privacy Policy by the acquiring or merged company unless You are notified and provided an opportunity to change Your preferences.

In addition, NCC may share Your information as necessary with credit card companies, credit transaction processors (for example, PayPal Corp.), and delivery companies (for example, DHL International Ltd.) to process your orders, ship your orders, and charge or debit your account.

DATA SECURITY

While NCC strives to protect Your personal or company information by encryption and other means, NCC cannot guarantee or warrant the security of the information You transmit to us, and if You choose to use the Site, You do so at Your own risk. Additionally, in providing Your information over a public or third party network, You do so at Your own risk. Please keep in mind that the information disclosed by You on the Site - for example, information You may provide to others on bulletin boards or in chat rooms that may be available on the Site -- can be collected and used by visitors to the Site.

WHILE NCC HAS TAKEN COMMERCIALLY REASONABLE PRECAUTIONS TO SAFEGUARD YOUR PERSONAL INFORMATION, NCC CANNOT GUARANTEE COMPLETE SECURITY BECAUSE COMPLETE SECURITY DOES NOT PRESENTLY EXIST ON THE INTERNET.

OPT OUT/CORRECTIONS /CHANGING YOUR PERSONAL INFORMATION

Upon Your request, NCC will (a) remove Your personal information from NCC's database (which might cancel Your subscription to this Site or a portion of this Site); or (b) correct or update Your personal information. You can request that NCC remove, correct or update Your personal information at the "Contact Us" section of this Site.

If You are an individual resident in a Member State of the European Union, You acknowledge and agree that NCC may collect, use and disclose Your personal data as described in this Privacy Policy, or any amendments hereto. You further acknowledge and agree that we may transfer Your personal data outside of the European Union for purposes described in this Privacy Policy. If You do not consent to the terms of this Privacy Policy, please do not use the Site.

UPDATES TO THIS POLICY

If NCC decides to change or update this Privacy Policy, NCC will post changes and updates on this Site so that You will always be aware of what information NCC collects, uses and distributes. NCC encourages You to review this Privacy Policy from time to time so You will know if the Privacy Policy has been changed or updated. If You have any questions about NCC's Privacy Policy, please use the "Contact Us" section of this Site.

EFFECTIVE DATE

This Privacy Policy is effective as of January 8, 2007.