Website Terms of Use

DURANT PERFORMANCE COATINGS, INC.
WEBSITE TERMS OF USE

Please Read the Following Terms of Use Carefully Before Using This Website Durant Performance Coatings, Inc. ("Durant") requires that you abide by the Terms of Use stated below as a condition to access to this website. Please read these Terms of Use carefully, because by using this website, you are acknowledging and agreeing to these Terms of Use. If you do not agree, you may not use this website. Durant reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the web pages on this website. Your use of this website may also be subject to additional terms outlined elsewhere on this website.

These Terms of Use apply to all Durant websites. Other individual websites of Durant may have Terms of Use tailored specifically for activity on those websites which may differ from these Terms of Use. No information contained in this website constitutes or shall be deemed to constitute an invitation to invest or otherwise deal in any Durant security.

Copyrights and Trademarks. The entire contents of this website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof are copyrighted (including any works that are licensed to Durant) under the United States and other copyright laws, and are the property of Durant. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to Durant, and/or any of its affiliates, or subsidiaries, or other respective owners that have granted Durant the right and/or license to use such Marks.

You may not use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website except as explicitly stated below:

1. Downloading or printing of web pages is for your personal, non-commercial or non-profit educational use only. These web pages may not be reproduced or redistributed for commercial gain or other purposes. You may not change or delete any proprietary notices from materials downloaded or printed from this website. The copyright notice appearing at the bottom of each web page must appear on every copy of the documents or any portion thereof. 2. Except as provided in paragraph 1, corporate names and logos may not be altered or used without the prior written permission of Durant. Except as noted above, no right or license is granted for any proprietary information, copyright, patent, or trademark contained within this document. 

Hyperlinks and Frames. This website may contain links to other websites on the Internet (the "External Sites"). Durant has no control over and is not responsible or liable for the External Sites, including but not limited to the content and privacy and data collection practices, even if the External Site is affiliated with Durant. The External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Durant sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Before you frame or create any kind of hyperlink to this website, you must obtain the prior written permission of Durant.

Disclaimer. Durant makes no representations or warranties about the accuracy or completeness of the content of this website or the content of any website or websites "linked" to this website. Any decision made by you based on information contained in this website or websites "linked" to this website is your sole responsibility. Neither Durant nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or inability to access this website or the use of or reliance on any content in this website or the content of any website or websites "linked" to this website.

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DURANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DURANT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DURANT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. IN NO EVENT SHALL DURANT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DURANT HAS 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 THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws. Unless otherwise specified, the material on this website is intended to provide information about Durant and its products. This website is controlled and operated from Massachusetts. We do not imply that the materials published on this website are designed or appropriate for use outside of the United States. If you access our website from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this website, you may not view or use this website.

Your use of this website shall be governed in all respects by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Durant products) shall be in the state or federal courts located in Suffolk Co., Massachusetts. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of Durant products) must be commenced within one (1) year after the claim or cause of action arises. Durant's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Durant may assign its rights and duties under this Agreement to any party at any time without notice to you. Durant makes no representation that materials in this website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations may do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.

Export Controls
You may not export or re-export any information or products received on this website except in full compliance with all U.S. laws and regulations, including but not limited to, the U.S. Export Administration Laws and Regulations. Use contrary to those laws is prohibited. Neither the products, nor any information acquired through the use of our 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 the United States Government 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 our website.

Severability and Integration
This Terms of Use statement constitutes the entire agreement between you and Durant with respect to this website. If any part of these Terms of Use is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Termination; Access Restriction
Durant may terminate this Agreement, or terminate or suspend your access to the Durant Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Durant Websites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE DURANT WEBSITES MAY NOT BE RETRIEVED LATER.

Questions?
If you have any questions about these Terms of Use, please contact Durant Performance Coatings, Inc., 112 Railroad Ave., Revere, MA 02151. P 800-420-0021 F781-289-1405 or email questions to: infoform@durantcorp.com.