The information contained on this website, and the ADJUSTRITE® and/or ADJUSTRITE® PLUS software and software-based hosted services accessible through this website (or otherwise) and all related services (collectively, "ADJUSTRITE Services") is made available in accordance with the terms of this Agreement which are set out below. To use the ADJUSTRITE Services you must agree to these terms without modification. If you do not agree to all of these terms, you should exit this website now and you may not use or access this website. By clicking on the "I AGREE" button, or otherwise accessing and/or using the ADJUSTRITE Services, you are stating to PPG Industries, Inc. that you personally are at least 18 years of age and are legally authorized to accept this Agreement to legally bind yourself, your company and/or employer, and your Authorized Users (as defined below). If you are not so-authorized or do not agree and accept without modification the notices, terms, and conditions set forth herein, you are not granted any rights to access or use the ADJUSTRITE Services. This Agreement shall take effect upon your express acceptance or your first access or use of the ADJUSTRITE Services, whichever occurs first, and shall remain in effect for as long as you continue to use the ADJUSTRITE Services, unless or until terminated by either party upon notice to the other (the "Term").
Subject to your compliance with all of these Terms and Conditions of Use (the “Agreement”), PPG Industries, Inc. (“PPG”) hereby grants to you and your Authorized Users (if any, as defined below) (i) a limited, non-exclusive, time-limited, revocable, non-assignable and non-transferable license to access and use the ADJUSTRITE Services;, and (ii) a limited, non-exclusive, non-transferable, revocable, non- assignable and non-transferable license to use any associated user and operational manuals and help files in electronic or hard-copy form made available by PPG (the “Documentation”) only in direct connection with the ADJUSTRITE Services. In consideration for this license, you agree that your, and all of your Authorized Users’, access and use of the ADJUSTRITE Services is subject to the terms and conditions set forth herein and in PPG’s Privacy Policy (available at http://corporate.ppg.com/Legal-Notices-and-Privacy-Policy.aspx). To the extent that any rights licensed hereunder relate to software or databases associated with the ADJUSTRITE Services (“ADJUSTRITE Software”), such rights are strictly limited your remote, browser-based access to, and use of, ADJUSTRITE Software as hosted by PPG, and you shall have no right or license to any software or databases otherwise.
As used herein, for any individual accepting this Agreement on behalf of a company with administrative rights to designate others to access and use the ADJUSTRITE Services, an "Authorized User" shall be (1) an individual associated with your company, and contractually bound to you in a manner consistent with the terms and conditions of this Agreement, and specifically designated by you to access and/or use the ADJUSTRITE Services on behalf of your company, or (2) your company’s customers utilizing the ADJUSTRITE Services specifically designated by you to access and/or use the ADJUSTRITE Services in association with such customer relationship, and contractually bound to you in a manner consistent with the terms and conditions of this Agreement.
All ADJUSTRITE Software and content included on, or accessed through, the web site and/or ADJUSTRITE Services, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of PPG Industries, Inc. or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this web site and/or the ADJUSTRITE Services is the exclusive property of PPG and is protected by U.S. and international copyright laws. This information should not be reproduced or used in any manner without express written permission from PPG.
The PPG name and logo as well as the ADJUSTRITE name and logo are trademarks owned by PPG. To view a complete listing of trademarks belonging to PPG and affiliated companies, click here. You may not use any of the trademarks belonging to PPG or affiliated companies without the prior written permission of PPG. Other trademarks or service marks included on this site belong to the indicated owners, who should be contacted with any questions about the use of those marks.
Your, and your Authorized Users’, use of the ADJUSTRITE Services are subject to the following restrictions:
a. You may not modify, reverse engineer, reduce, disassemble, compile, decompile or recompile the ADJUSTRITE Services or otherwise attempt to access, discover, or use the source code, software, database, data, content, structure, algorithms or ideas underlying the ADJUSTRITE Services except as expressly offered/provided by PPG through the ADJUSTRITE Services.
b. You may not remove or modify any trademark, copyright or patent or other proprietary notices, legends, symbols and markings from any copy or part of the ADJUSTRITE Services.
c. You may not transfer any content available on or through the ADJUSTRITE Services to any third party.
d. You agree to take commercially reasonable efforts to prevent any unauthorized copying of any content available on the ADJUSTRITE Services by your agents, affiliates, and/or employees.
e. You agree to take commercially reasonable efforts to protect all computers or other devices which are used by your agents, affiliates, and/or employees to access the against viruses, spyware, worms, or other malicious bugs or code which may harm or affect the operation or integrity of the ADJUSTRITE Services or any data residing therewith.
f. You agree to keep the ADJUSTRITE Services and all data residing therewith, and any documentation relating thereto, as confidential and you shall not disclose them to any third party.
g. You agree to protect and safeguard all passwords and other access control information (e.g., login information or ID, passwords, etc.) relating to the ADJUSTRITE Services. You agree to notify PPG promptly, and in any case no more than two (2) days after learning, of any unauthorized use of the ADJUSTRITE Services. PPG shall not be liable to you for any loss that may incur as a result of any third party accessing the ADJUSTRITE Services using your access control information with or without your permission.
h. If you are processing data obtained from a third-party using the ADJUSTRITE Services, you agree to obtain sufficient authorization from such third-party to transfer such data to PPG and its affiliates and contractors, and to permit transfer, storage and processing of such data by PPG and its affiliates and contractors, all in accordance with this Agreement.
Except as expressly provided above, nothing contained on this website shall be construed to confer by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright.
PPG makes no warranties or representations, express or implied, as to the accuracy, completeness or any other aspect of the information contained on this website or PPG's server. Information is supplied only upon the condition that the viewer will make its own determination as to the suitability of the Information for its purposes prior to use. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent. PPG makes no commitment to update or correct any information that appears on this website, PPG's server, or any website linked hereunder. THE INFORMATION IS PRESENTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT SHALL PPG OR ANY PARTY INVOLVED IN CREATING, PRODUCING, UPDATING OR DELIVERING THIS WEBSITE, PPG'S SERVER, ANY LINKS CONTAINED THEREIN, OR THE INFORMATION, BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) RESULTING FROM THE VIEWER'S ACCESS TO OR USE THEREOF (INCLUDING THE INABILITY TO ACCESS AND USE) OR THE DOWNLOADING OF ANY MATERIAL CONTAINED OR REFERENCED THEREIN, NOR SHALL SUCH PARTIES BE LIABLE FOR VIEWER'S RELIANCE UPON INFORMATION OR THE PRODUCTS(S) OR SERVICES TO WHICH THE INFORMATION REFERS. EVEN IF PPG OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PPG SHALL NOT BE LIABLE FOR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM THE VIEWER'S USE OF, OR INABILITY TO USE, THIS WEBSITE, PPG's SERVER, OR ANY LINKS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: A) COMPUTER VIRUSES; B) SOFTWARE BUGS; C) HUMAN ACTION OR INACTION; D) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR E) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
Should any user of Information on this server provide PPG with information, including but not limited to, feedback data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non- confidential, and PPG assumes no obligation to protect such information from disclosure. The submission of such information to PPG shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by PPG for any purpose whatsoever, and PPG shall be free to reproduce, use, disclose or distribute the information to others without restriction.
Any personal data that you provide will be treated as set forth below. This privacy policy applies to the collection and use of information by our company through your access and use of the ADJUSTRITE Services, but does not apply to information which you may send to us by other means.
At PPG, we are committed to protecting the privacy of the users of our site. All data collected is protected against unauthorized access. Any information submitted through this website is subject to PPG’s Privacy Policy, the terms of which are incorporated by herein. Once you have agreed to these terms of use, you also agree to the incorporated Privacy Policy. As such, PPG strongly suggests that you review the Privacy Policy.
PPG expressly disclaims responsibility for the privacy policies and customer information practices of third-party Internet sites linked to our Web site.
You agree to indemnify, defend and hold harmless PPG, its employees, officers, directors, and affiliates, against any and all claims made or threatened by any third party that any End User Data including data introduced or imported by you or your Authorized User(s) into the ADJUSTRITE Services violates any intellectual property right, including without limitation any patent, copyright, trademark, or trade secret right, of such third party, or any claims made or threatened that the use, introduction or importation of such data constitutes a tort against such third party.
Free trials are only available to first-time customers of the ADJUSTRITE program and must be approved by PPG, at its sole discretion. Only one free trial may be redeemed per company. You must have Internet access and a valid email address to redeem a free trial. Upon registering and requesting your free trial, approved free trial users will be authorized for approximately (5) free estimates. The free trial entitles you, during the term trial, to the same services provided to paying subscribers. At the end of your free trial period, the system will automatically prompt with available purchase options in order to continue using the services as a paying subscriber. Once the trial has expired, a subscription is required to continue access to the program. Subscription purchases can be made online with a valid credit card. Free trials are provided at PPG's sole discretion, and PPG's decisions as to whether or not the eligibility requirements set forth above have been met shall be final and binding.
Yearly subscriptions can be purchased online with a valid credit card at the "Purchase" or "Buy/Renew AdjustRite" links. As a subscriber to the website, you agree that PPG is permitted to charge your credit card for the subscription fee, any applicable tax and any other charges you may incur in connection with your use of the website. As used in these "Terms of Use," "billing" shall indicate a charge, as applicable, against the credit card. The subscription fee will be applied at the date of subscription purchase. Subscription fees can be paid on a full year/single payment basis or through monthly installments at the corresponding price; in both cases, subscriptions run for a full year and acceleration of fees will apply on early cancellation, if enrolled on a monthly payment plan. PPG reserves the right to change the effective fees and charges or add new fees and new charges from time to time. All fees and charges are in US Dollars.
Your subscription will prompt for automatic renewal upon expiration. Subscription will renew automatically unless terminated prior to your applicable Subscription renewal date.
Upon termination of this Agreement, the license granted hereunder will terminate and you must cease all access and use of the ADJUSTRITE System. Provisions of this Agreement which, by their own terms, extend beyond the Term, shall survive termination. Termination hereunder shall be in addition, and without prejudice to, any other legal or equitable remedies available to PPG for your breach of this Agreement. You may cancel your subscription at any time prior to your automatic renewal date. PPG does not provide refunds or credits for any partial subscription periods. After any termination of your subscription, PPG will continue to store estimates and photos that you have generated and/or uploaded to our system for a reasonable period of time; provided, however PPG reserves the right and discretion to delete your estimates and photos from our system at any time after termination and you acknowledge that you have no right or expectation that you will be able to access estimates and/or photos after termination. Without limiting the generality of the foregoing, upon written request by you made within thirty (30) days of termination of your subscription, PPG will make available to you for download a file of End User Data (as defined below), in comma separated value (.csv) format. After such thirty (30) day period, PPG shall have no obligation to maintain or provide any of the End User Data and PPG reserves the right, unless legally prohibited, to delete any or all of the End User Data in its systems or otherwise in its possession or under its control after termination. To the extent the provisions in this paragraph conflict with PPG’s Privacy Policy, then with respect to data governed by PPG’s Privacy Policy, PPG’s Privacy Policy shall govern.
You consent that PPG may collect, store or otherwise process data or information provided by you or any Authorized User that is, or can be, linked to specific individuals or legal entities ("Personal Data") solely for the purposes described in this “Data Rights” section below. PPG shall process all Personal Data in accordance with PPG’s Privacy Policy and all applicable law and professional regulations. PPG shall require any service provider that processes Personal Data on PPG’s behalf to adhere to equivalent requirements.
PPG claims no right, title or interest in or to data and information, including confidential, non-public or proprietary information and Personal Data, provided by you or any Authorized User, in connection with your, or any Authorized User’s, access to, and use of, the ADJUSTRITE Services ("End User Data") pursuant to this Agreement. You shall hold and retain all right, title and interest in and to such End User Data; provided however you, on behalf of yourself and your Authorized User(s), hereby grants to PPG:
(a) for the duration of the Term a limited, fully-paid, royalty free, worldwide, non-exclusive, non-transferable, right and license to store, use, create Derivatives (as defined below) of, process, analyze, and otherwise display the End User Data solely for the following limited purposes: (i) to provide the ADJUSTRITE Services with respect to you and/or Authorized Users, and (ii) to the extent you are providing End User Data on behalf of, or concerning, any Authorized User, to provide the ADJUSTRITE Services with respect to such Authorized User; and
(b) a perpetual, irrevocable, fully-paid, royalty free, worldwide, non-exclusive right and license, to store, use, reproduce, modify, adapt, enhance, improve, process, analyze, publish, edit, translate, distribute, publicly perform, display and otherwise exploit “De-identified Data” and/or "Aggregated Data" (as defined below); and to create Derivatives (as defined below) and own all right, title and interest in and to such Derivatives in PPG’s own name.
Without limiting any of the forgoing, you acknowledge and agree that PPG shall have the right to process, analyze, track, record, store, use and/or otherwise access data related to the performance of the ADJUSTRITE Services, to gather use data regarding the ADJUSTRITE Services and resource usage for product development, quality initiatives, benchmarking, reporting services and the like ("Usage Data").
Usage Data collected by PPG may be used to improve and refine the ADJUSTRITE Services and for internal use, during and after the Term, in accordance with all applicable laws and regulations. Usage Data shall not include personally identified references naming individual Authorized Users or any personal information specific to a particular Authorized User.
As used herein, "Aggregated Data" shall mean data consisting of the End User Data (or subsets thereof), aggregated with similar data from other subscribers and data otherwise held by PPG. Aggregated Data shall not include personally identified references naming individual Authorized Users and shall not include identified references to business names, but may include geographic locators, purchase histories and patterns and other information not specifically identified to you or an Authorized User.
As used herein, “De-identified Subscriber Data” shall mean a modified version of the End User Data from which PPG has removed references to your company name, and from which PPG has removed the names of individuals.
As used herein "Derivatives" means any adaptations, embodiments, derivatives and/or derivative works of End User Data, including without limitation results, insights derived from data analysis, benchmarking reports, findings and artifacts created, derived and/or extracted by PPG from End User Data, De-identified Data, and/or Aggregated Data; provided, in no event will Derivatives include End User Data in the form as provided by you or your Authorized Users to PPG.
You acknowledge and agree that PPG may work with third-party service providers to provide certain services (e.g., managed services, hosting services, data processing services, hosted software services) for the purposes of facilitating and/or providing the Software hereunder and that PPG has the right, to the extent applicable, to sub- license PPG's rights hereunder to such third-party service providers; provided such sub-license is (i) solely for the purpose of facilitating or providing the Software for the benefit of PPG and you; and (ii) subject to all of the applicable terms and conditions set forth in this Rights in Data policy statement.
Notwithstanding anything to the contrary set forth herein, PPG reserves the right, at its discretion, to retain: (a) De-identified Data and Aggregated Data; (b) End User Data to the extent that PPG is required to retain some or all of End User Data by law, or as required by legal process; (c) End User Data to the extent PPG is required to retain some or all of the End User Data by law enforcement authorities, judiciary or other governmental officials, or (d) data to preserve legal rights in connection with the establishment, exercise or defense of legal claims; all subject to requirements under applicable data privacy law.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Although this website provides links to third party sites, PPG is not responsible for the content of any such site. Links are provided as a convenience to viewers, and they shall not be interpreted as an endorsement, sponsorship, or association of any kind.
Use of Hyperlinks. You may display on your website the hyperlink to this PPG Industries, Inc. ("Company") website ("Website") for purposes of enabling users of your site to link to the Website ("Hyperlink"). The Hyperlink shall at all times be displayed in its entirety and not in association with any text, graphics, logos, trademarks, or trade names (whether of Company or another party) or any information which is misleading or otherwise misrepresents the nature of the Website with which the Hyperlink will connect or which is in any way derogatory, of negative connotation, or otherwise negatively impacts on the good will of the Company in the Hyperlink or the Website. Use of the Hyperlink shall require the user to link directly to the home page of the Website via either the same browser window in which your website operates, or via a separate browser window. Under no circumstances shall the Website, in whole or in part, be framed, modified in any manner or for any purpose, or otherwise interfered with in its normal operation and appearance. The Hyperlink shall only be displayed as set forth in this paragraph, and shall not be modified in any way, including but not limited to, enabling the Hyperlink to grant access to other than the home page of the Website. The only rights granted to the Hyperlink are as set forth in this paragraph. In the event Company provides you with written notice directing you to remove the Hyperlink from your website, you agree to do so immediately upon your receipt of such notice.
This website is operated in the United States and presented for the purpose of promoting PPG and its affiliated companies therein. Use of this site from other locations may not be appropriate, and PPG makes no representations about such usage. Without limiting the generality of the foregoing, this website may not be used by users subject to the privacy laws and regulation of the European Union. Viewers who access this site from locations outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States Export Control Laws prohibit the export of certain technical data and software to certain territories and countries. No content from this site may be downloaded in violation of United States law.
These terms and all claims related to this website shall be interpreted and reviewed under the laws of the United States and the Commonwealth of Pennsylvania (without regard to the conflicts of laws rules of that or any other jurisdiction). Any claim arising in connection with these terms or this website must be commenced within one (1) year after such claim arises.& Any legal action must be brought only in the state or federal courts located in Allegheny County, Pennsylvania, and you agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim.
PPG reserves the right to modify these Terms of Use at any time, without prior notice. Your continued access to or use of this website shall be deemed to be your acceptance of these Terms of Use, as changed. For this reason, we encourage you to review these Terms of Use whenever you visit this website.
PPG reserves the right to terminate use of ADJUSTRITE Services by you and/or your Authorized Users, without notice to you and for any or no reason whatsoever.