Effective Date: May 1, 2016
3. U.S. Website Access to the Website is for the benefit of persons residing in the United States and Canada. If you are a resident of a country other than the United States or Canada, you should determine which SGS Inc. affiliate services your area and access such affiliate’s website. Do not access the Website, download any Content, or use any Services if the foregoing is prohibited by applicable laws in the jurisdiction in which you reside.
9. User Generated or Supplied Comments and Content When you submit ideas, concepts, inventions, know-how, techniques, comments, suggestions, and/or feedback (collectively, “User Comments”) to the Website, the User Comments will become the exclusive property of SGS Inc. and SGS Inc. shall be entitled to collect, use, publish, retain, disclose, destroy, commercialize, and exploit the User Comments without restriction or obligation to pay any royalty or provide other consideration. You hereby grant to SGS Inc. a perpetual, unrestricted, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, host, make available to any person, commercialize, exploit, or otherwise use any information or other content you provide on or through the Website or which is sent to SGS Inc. or any of its authorized dealers or distributors by email or other correspondence (collectively, “User Content”), for any purpose whatsoever. SGS Inc. shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by SGS Inc. in writing or required by law and SGS Inc. may freely grant sublicenses to User Content or any part thereof. You also grant to SGS Inc. the right to use your name and likeness in connection with any User Content that you provide. You represent and warrant that you: (i) exclusively own any User Comments immediately prior to their submission through the Website; and (ii) have the unrestricted right to grant the license set out above in regard to the User Content.
10. Access Restrictions The Website contains sections and areas that are restricted to SGS Inc. personnel, consumers, affiliates, service providers, distributors, and/or authorized SGS Inc. dealers. Access to certain sections and areas of the Website may also be restricted to end users who have created an Account. Therefore, not all pages and resources of the Website will be accessible to you. Notwithstanding the foregoing, access to the Website and all pages, Services and Content on the Website or accessible through the Website, and any revocation of any such previously provided access, is subject to SGS Inc.’s exclusive discretion. Unauthorized access may result in civil or criminal penalties as well as the exercise by SGS Inc. of any remedies or resources available to it under applicable laws.
11. Linked Websites The Website contains hyperlinks to third party websites which are subject to their own respective terms and conditions of use and privacy policies. These hyperlinks are provided for convenience only. No warranties or representations are made as to third party websites, and any access to such third party websites is at your sole risk. SGS Inc. does not recommend or endorse access or use of any third party website or any content, product, service, or other subject matter associated with any third party website. SGS Inc. assumes no responsibility for the content, services and/or products available through any such third party website.
12. Inappropriate Conduct You agree not to undertake any conduct that is illegal, abusive, or otherwise inappropriate including, without limitation, any of the following: (a) posting material that is libellous, defamatory, obscene, pornographic, abusive, or threatening; (b) posting personal information relating to any individual other than yourself; (c) posting material in contravention of any contractual obligation or fiduciary duty; (d) posting material that infringes any proprietary right of any third party including, without limitation, any intellectual property right; (e) creating links to the Website from commercial websites; (f) using any SGS Inc. trademark, service mark, or logo in any permitted links to the Website or Content; (g) framing of the Website or of any Content in any form and by any method; (h) attempting to access areas of the Website, or features and services of the Website, that you are not authorized to access; (i) engaging in activities that violate federal, state, municipal, or international law, or advocating illegal activity; (j) using the Website to facilitate unsolicited communications or solicitation schemes not expressly permitted by SGS Inc.; (k) compromising the security of the Website or the facilities and/or resources used to operate the Website; (l) attempting to gain unauthorized access to the Website or any private network that may be accessible through the Website, or to any Website account other than your own Account; (m) taking any actions that may impose, as determined by SGS Inc., an unreasonable or disproportionately large load on SGS Inc.’s facilities, systems, network, or telecommunications infrastructure; (n) attempting to interfere with the proper functioning of the Website or any activities conducted on or throughout the Website; (o) taking any measures or bypassing any automated exclusions or other measures SGS Inc. has implemented to restrict access to the Website or certain Website portions, features or services; (p) using or launching any automated system, including without limitation, “robots,” “spiders,” or any other similar technological devices which access the Website or any Website resource; (q) using Website communication systems, including but not limited to the “share” and/or “ask a question” features relating to any proposed project or product, for any commercial solicitation purposes or for any other purpose than SGS Inc.’s intended purpose of such feature; (r) attempting to disrupt network services or services of the Website; (s) attempting to disrupt network services or services of third party networks using the Website’s internet access service or other services and/or features; (t) attempting to access or collect third party personal information; (u) attempting to access or collect SGS Inc.’s confidential information or confidential information of distributors, customers, and/or other dealers with which SGS Inc. has been entrusted; (v) using the Website in any way that places an excessive burden on the Website’s resources or infrastructure; (w) interfering with other users’ use of the Website; and (x) engaging in the harvesting or collecting information about other users of the Website, including e-mail addresses. Violation of the foregoing obligations may result in immediate suspension or termination of your Account without notice to you as well as criminal and civil penalties as well as the exercise by SGS Inc. of any remedies or resources available to it under applicable laws. You agree that upon becoming aware of any inappropriate conduct or content on the Website, you shall report such conduct and/or content to SGS Inc. immediately.
13. Disclaimers THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND AND ACCESS TO AND USE OF ANY OF THE FOREGOING IS AT YOUR SOLE RISK. SGS INC. AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND IN REGARD TO THE WEBSITE, CONTENT, AND SERVICES INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS, CURRENCY, ACCURACY, AVAILABILITY, RELIABILITY, UNINTERRUPTED USE, ERROR FREE USE (OR THAT ERRORS WILL BE CORRECTED), SAFETY, SECURE ACCESS, SECURE USE, SECURITY, MALWARE-FREE STATE, RELIABILITY, CONFORMITY WITH LEGAL REQUIREMENTS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, SGS INC. MAKES NO WARRANTY IN REGARD TO THE ACCURACY OF ANY PRICING, DESCRIPTION OR PICTURES OF PRODUCTS SHOWN ON THE WEBSITE, AND THE COLOR OF PRODUCTS, AS SHOWN ON THE WEBSITE. SGS INC. IS UNDER NO OBLIGATION TO MONITOR OR UPDATE THE CONTENT. THE CONTENT MAY BE CHANGED OR REMOVED BY SGS INC. WITHOUT NOTICE TO YOU. SGS INC. IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. ACCESSING THE CONTENT FROM STATES OR TERRITORIES WHERE IT MAY BE ILLEGAL TO DO SO IS A VIOLATION OF THESE TERMS OF SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT CERTAIN PROCEDURES, PROCESSES, PRACTICES, METHODS, METHODOLOGIES, APPROACHES, TECHNIQUES AND INVENTIONS FORMING PART OF THE CONTENT MAY RESULT IN PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH (AND ARE NOT A SUBSTITUTE FOR PROPER TRAINING OR A SUBSTITUTE FOR CONSULTATION OR USE OF DULY QUALIFIED PROFESSIONALS) AND THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE FOREGOING ARE APPROPRIATE HAVING REGARD TO THE CIRCUMSTANCES AT HAND, AND FOR ENSURING THAT ADEQUATE SAFETY AND OTHER PRECAUTIONS ARE IN PLACE IN TERMS OF THE DELIVERY, EXECUTION OR REALIZATION OF THE FOREGOING. YOU ACKNOWLEDGE AND UNDERSTAND THAT LEGAL REQUIREMENTS IN TERMS OF RENOVATION AND CONSTRUCTION PROJECTS VARY FROM ONE JURISDICTION TO ANOTHER AND MAY CHANGE WITH THE PASSING OF TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE INFORMATION EMBEDDED IN ANY CONTENT IS CONSISTENT WITH ANY REQUIREMENTS UNDER APPLICABLE LAWS AND REGULATIONS, AND IS CURRENT AND UP-TO-DATE. The information and opinions expressed in any forum on the Website (including those for product reviews) are those of their respective authors and are not made, confirmed or endorsed by SGS Inc. (or its affiliated or related entities), its distributors and/or authorized dealers. Furthermore, neither SGS Inc. nor its affiliated or related entities or its content providers are responsible or liable in any manner and to any extent to any person or entity whatsoever with respect to use or reliance on such Content. SGS Inc. is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Content, including, without limitation, any User Comments or User Content, before SGS Inc. takes any remedial action that it considers, in its sole discretion, to be appropriate. SGS Inc. and its affiliates assume no responsibility or liability for the deletion or failure to store or provide access, or to properly store or provide access, to any Content (including, without limitation, any User Comments and User Content). THROUGH YOUR USE OF THE WEBSITE AND SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR SOLE RISK. SGS INC. IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. You are solely responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website, Content, or Services. You assume the entire risk in downloading or otherwise accessing any Content or other materials obtained from SGS Inc., the Website or third parties as part of the Services. ALTHOUGH THE WEBSITE USES ENCRYPTION IN REGARDS TO THE HANDLING OF PERSONAL OR SENSITIVE INFORMATION, THERE IS NO GUARANTEE THAT SUCH INFORMATION AND TRANSACTIONS ON THE WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE WEBSITE, SERVICES, AND/OR THE CONTENT IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND CONFIRM THAT THIS SECTION 13 CONSTITUTES AN ESSENTIAL AND MATERIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND SGS INC. AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO SGS INC. PURSUANT TO THIS PROVISION, SGS INC. WOULD NOT HAVE PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARDS TO THE WEBSITE, CONTENT, SERVICES AND/OR PRODUCTS. PLEASE NOTE THAT CONSUMER PROTECTION LAWS MAY EXCLUDE OR LIMIT THE APPLICATION OF THE FOREGOING DISCLAIMER AND THAT IN SUCH CIRCUMSTANCES THIS SECTION 13 MAY NOT APPLY TO YOU OR MAY APPLY WITH CERTAIN MODIFICATIONS SO THAT IT COMPLIES WITH THE LAWS THAT APPLY IN THE JURISDICTION IN WHICH YOU RESIDE.
Download a PDF copy of the above Terms and Conditions here