ACCEPTANCE OF TERMS OF USE
By using, browsing, or visiting this Website or any Website or portal (collectively, the “Website(s)”) published by Performix Coatings, Inc., or its affiliates (collectively, “Performix Coatings”), you accept the below stated Terms of Use (“Terms of Use”) in full. If you do not agree with these Terms of Use, please do not use our services or visit our Websites. Your acceptance of these Terms of Use constitutes a legal agreement between you and Performix Coatings.
CHANGES TO TERMS OF USE
Performix Coatings may, at any time and without prior notice, revise these Terms of Use. You are bound by such revisions and should, therefore, periodically visit this page to view the current Terms of Use and conditions to which you are agreeing. By using Performix Coatings’s websites after changes are made, you consent to the Terms of Use of the Website you visit as such Terms of Use exist at the time of said visit.
LIMITATIONS OF USE
By accessing our Websites, you agree not to upload, post, email, or in any other way send or transmit any material containing software viruses or any other computer files, programs, or code designed to interrupt, damage, or limit the functionality of any computer hardware or software or other equipment associated with the Websites. Additionally, you agree not to interfere with the servers or networks connected to the Websites, or to violate any of the regulations, policies, or procedures of networks connected to the Websites.
You also agree not to (I) impersonate any other person or persons while using the Websites, (II) conduct yourself in an inappropriate, indecent, vulgar, or offensive manner while using Performix Coatings’s services or Websites, or (III) use the Websites for any unlawful purpose. You further agree that any content you submit to the Website is in compliance with all applicable laws, rules, and regulations, and that it is (A) owned by you, (B) submitted with the express consent of the owner or within the scope of the license to such content, and/or (C) in the public domain.
Performix Coatings reserves the right to terminate your access to the Websites and/or any of its services if it is determined that you do not comply with these Terms of Use; knowingly provide false, incomplete, or inaccurate information in the registration process; engage in conduct that would in any way harm Performix Coatings’s rights or interest in its Websites, services, and/or other property; or for any reason whatsoever, without prior notice to you.
MONITORING AND MANAGEMENT OF CONTENT OF WEBSITES
Performix Coatings has the right, but not the obligation, to monitor the content of the Websites to determine compliance with the stated Terms of Use, in addition to any other operating rules and regulations established by Performix Coatings, as well as to determine compliance with any applicable laws, including but not limited to, copyright laws. Performix Coatings has the right, in its sole discretion, to edit, refuse to post, block access to, and/or remove any material submitted to or posted on the Websites that is found by Performix Coatings to be in violation of any part of the Terms of Use, or that Performix Coatings believes may violate laws and/or the rights of others, including but not limited to, laws against copyright infringement and the rights of privacy and publicity.
LINKS
Some hyperlinks on the Websites may lead to the websites of third parties. These websites and their contents are not controlled by Performix Coatings. Additionally, other websites may link to our Websites. Performix Coatings is not and cannot be responsible for the content and privacy policies of any third party website. Please see our Privacy Policy for more information on this subject.
INTELLECTUAL PROPERTY
Elements of the Websites, including but not limited to, text, logos, graphics, sound, video, designs, photographs, depictions, images, digital downloads, data compilations, and software are protected by all United States and international copyright and trademark laws and are the property of Performix Coatings and/or its affiliates.
COPYRIGHTS
Copyright of all materials provided on the Websites is owned by Performix Coatings and/or its affiliates. Unless expressly stated otherwise, no material contained in the Websites may be copied, republished, reproduced, displayed, distributed, downloaded, transmitted, or posted, in any form or by any means, including but not limited to, electronic, recording, mechanical, photocopying, or otherwise, without the prior consent of Performix Coatings.
Permission is hereby granted to view, print, download, and/or copy the materials on the Websites for personal, noncommercial use only, provided that such materials are used solely for informational purposes, and that all copies and/or portions thereof, include this copyright notice. Performix Coatings may revoke any of the above stated rights at any time without notice. Without the prior consent of Performix Coatings, you may not “mirror” any material contained on the Websites on any other server(s). Upon termination of any rights extended hereunder, you must immediately destroy any downloaded or printed materials obtained from any Website. Unauthorized use of any materials contained on the Websites may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that a work you own and/or hold the copyright to has been used in any way that may constitute copyright infringement, and that such infringement is occurring on the Websites, please notify Performix Coatings (contact information below) via a written or electronic notice (“Notice”) containing the following information:
- Your full legal name, address, telephone number, and email address
- The physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work that is alleged to have been infringed
- An identification of the copyrighted work you claim has been infringed
- An identification of the material you claim is infringing, and its location
- A statement by you that you have a good-faith belief that the disputed use of the copyrighted work is/was not authorized by you, the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner and/or authorized to act on the copyright owner’s behalf
CONTACT INFO
Performix Coatings
3920 Pheasant Ridge Drive
Blaine, MN 55449
Phone: 800-969-5432
Fax: 763-785-2058
Email: Dan.Ruege@plastidip.com
TRADEMARKS
All trademarks, service marks, and logos (“Trademarks”) used and displayed on the Websites are registered or unregistered Trademarks of Performix Coatings. Nothing on the Websites shall be construed as granting in any way any license or right to use any Trademark displayed on the Websites without the prior consent of Performix Coatings. The name Performix Coatings or any Trademark may not be used in any way without the prior written consent of Performix Coatings. Performix Coatings prohibits the use of any Performix Coatings logo and/or Trademark as a “hotlink” to any website, unless the establishment of said link is approved in advance by Performix Coatings.
SUBMISSIONS
You are solely responsible for any and all information you provide to Performix Coatings or post through interactive features of the Websites. If Performix Coatings has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Performix Coatings has the right to suspend or terminate your account and refuse any and all current or future use of the Website and hold you solely responsible for any claim or damages which may arise from such information. Any message or other posting without valid email address verification is subject to removal. Any information you post on the Website is subject to disclosure to any regulatory or criminal authority.
Information and messages you post on the Websites are posted at your own risk. Performix Coatings is not and will not be responsible for and disclaims any liability related to your use of the Websites or reliance on the information posted on the Websites. Performix Coatings is not responsible for the content, reliability, or accuracy of any information posted on the Websites by other users.
USE OF INFORMATION AND MATERIALS SUBMITTED TO THE WEBSITES
Performix Coatings is free to use any comments, concepts, photos, suggestions, text, and/or any other content or information (collectively and severally, “Materials”) submitted by you to Performix Coatings and/or contained in any communication you may send to Performix Coatings (through the Websites or otherwise), without further compensation or payment to you, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. Performix Coatings will make every effort to properly credit the source of any comments, concepts, photos, suggestions, text, and/or other content or information used.
Performix Coatings may use, reproduce, displace, transmit, edit/modify, create derivative works of, publish, and otherwise make use of Materials submitted to Performix Coatings, in any and all media throughout the world and for any purpose, without compensation of any kind to you. In the event that such Materials cannot be so assigned to Performix Coatings, you hereby grant Performix Coatings an unalterable, royalty-free, worldwide license to use the Materials as otherwise described in these Terms of Use and for any other purpose.
Performix Coatings is not responsible for the confidentiality of any information communicated to our Websites. By communicating Materials to our Websites, you have agreed that Performix Coatings has the right to publish the Materials for any purpose, including but not limited to, advertising, promotional, and other purposes. You acknowledge and agree that Performix Coatings has no obligation to post, display, or otherwise make publicly available any Materials submitted by you.
Any and all Materials submitted by you may be made available by Performix Coatings for viewing, commenting, rating, and reviewing by the public. You hereby acknowledge that ratings or comments that you disagree with or are unhappy about may be published or become otherwise associated with Materials that you submit to Performix Coatings. By submitting Materials to Performix Coatings, you waive any expectations of privacy that you may have with respect to the Materials and agree that Performix Coatings is neither responsible nor liable for any viewing, commenting, rating, or reviewing by the public with respect to any Materials.
In submitting Materials to Performix Coatings, you represent and warrant that said Materials comply with all applicable laws, rules, and regulations, and do not infringe on any copyright, property rights, trademark, rights of privacy or publicity of any person, or any other right (including intellectual property rights) of any third party, and that you have the full, unrestricted right to transfer the Materials to Performix Coatings, free of any claims or encumbrances. You agree to hold Performix Coatings and all its employees, agents, and associates harmless from and against—and hereby waive any right to pursue—any claims of any nature that may arise in connection with any breach of the foregoing representation and warranty and/or Performix Coatings’s use of Materials submitted to Performix Coatings and used in any manner at Performix Coatings’s sole discretion.
DISCLAIMER OF WARRANTY
The content (in any and all forms) contained on the Websites is provided “as is,” without warranties of any kind, either express or implied. Performix Coatings assumes no responsibility or liability for any errors or omissions in the content of the Websites; any failures, delays, or interruptions in the delivery of any content contained on the Websites; or any conduct by users of the Websites. To the fullest possible extent, pursuant to applicable law, Performix Coatings disclaims all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for any particular purpose, non-infringement or other violations of rights.
LIMITATION OF LIABILITY
Under no circumstances shall Performix Coatings, its employees, agents, or associates be liable (jointly or severally) for any direct, indirect, incidental, or consequential damages of any kind, including but not limited to, loss of use, data, or profit, or any theory of liability, arising out of our in connection with the use or the inability to use the Materials on the Websites, even if Performix Coatings or a Performix Coatings representative has been advised of the possibility of such damages. Certain states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section of the Terms of Use to be unenforceable, then liability will be limited to the fullest extent permitted by applicable laws.
INDEMNITY
You agree to indemnify, defend, and hold harmless Performix Coatings, its employees, agents, and associates, from and against any and all claims, actions, or demands, including but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Websites or your breach of these Terms of Use. Performix Coatings shall provide notice to you promptly of any such claim, suit, or proceeding, and may, at Performix Coatings’s discretion, assist you, at your expense, in defending any such claim, suit, or proceeding.
CHOICE OF LAW
You agree that any issue or dispute arising out of, or in connection with, your use of Performix Coatings’s Websites, intellectual property, Terms of Use, or any matter concerning Performix Coatings shall be governed by the laws of the United States of America and the State of Minnesota. Additionally, you agree that any such issue or dispute shall be brought exclusively in federal or state courts located in Minnesota. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full effect. In using the Websites, you agree to comply with all applicable laws, rules, and regulations. The material provided on the Websites is protected by law, including but not limited to, United States copyright and trademark laws and international treaties.
PERFORMIX COATINGS PRIVACY POLICY
Performix Coatings is committed to protecting the privacy and security of users of our Websites.
The following Privacy Policy will inform you about how we protect your personal information, and about what choices you can make regarding our use of said information. Please read this policy carefully. Performix Coatings may need to change this policy occasionally, without notice, in order to address new issues and/or reflect changes to our Websites. Any changes will be posted here immediately. Please refer to this policy regularly to see any changes.
If you have any questions, comments, or concerns about our Privacy Policy, please email Performix Coatings at Dan.Ruege@plastidip.com.
The goal in stating our Privacy Policy on customer data gathering and use is to ensure the highest levels of confidentiality and security. When you provide information to PerformixCoatings.com (name, address, etc.), Performix Coatings will not give, sell, or disclose any portion of your information to any third party for any reason. Your information will remain confidential, and it will be used solely to support your customer relationship with Performix Coatings.
We collect certain non-personal identification information through the use of “cookies” (see below) and/or IP address tracking. Such non-personal information may include the type of computer, operating systems, or browser you use, the internet service provider, and other similar information. Our system also automatically gathers information about the pages you visit on our Websites.
Such information is collectively used to understand how our Websites’ users, as a group, utilize the resources provided. Using this information, Performix Coatings can learn which areas of our Websites are favorites of our users, which areas may need improvement, and what technologies are being used, so that we may improve our Websites and the overall user experience.
Performix Coatings’s Websites use cookies for internal reporting purposes, and to help keep track of your visit. Cookies are a standard internet technology which enables us to both store and retrieve login information on a user’s system. Most browsers are set to accept cookies by default. You can set your browser to refuse cookies, or to alert you when cookies are being sent to your computer. If you choose to disable cookies, please note that some parts of Performix Coatings’s Websites may not function correctly or at all.
Users may find links on Performix Coatings’s Websites that direct them to third party sites. In most cases, these links are part of cooperative projects between Performix Coatings and the third party. Although we initially visit the sites that are so linked, we do not and cannot control the content or links that appear on these third party sites. Additionally, these sites may have their own privacy and customer service policies, or may have no policy/policies in place. Please review the posted policies of any third party sites before providing them with your personal information.
YOUR ACCEPTANCE OF THESE TERMS
By using PerformixCoatings.com, you hereby accept these Terms of Use, including but not limited to the terms of our Privacy Policy. If you do not agree to these Terms of Use, please do not use our Websites. Your continued use of Performix Coatings’s Websites following the posting of changes to our Terms of Use signifies your acceptance of those changes.