Legal Notices (U.S.)
Notice regarding Legal Authority to Bind IKO
Only the authorized corporate officers of IKO Industries Ltd., IKO Industries, Inc., IKO Manufacturing Inc. and one or more of any of their affiliated or related companies worldwide (hereinafter individually “IKO”) shall have the legal authority to bind IKO to any obligation and/or agreement whatsoever, save as may otherwise be expressly set out in IKO’s Terms and Conditions of Sale on IKO’s web site (www.IKO.com). No legal contract or agreement, or modification or amendment to any legal contract or agreement, to which IKO is a party will be valid or binding upon IKO unless agreed to in a formal written document signed by an authorized corporate officer of IKO. Authorized corporate officers of IKO are only the C.E.O., President, Executive Vice-President, a Vice-President, C.F.O., the Treasurer, and the Corporate Secretary. An employee of IKO who is not an authorized officer of IKO has no actual, apparent, or implied authority to legally bind IKO in any manner whatsoever.
(B) Changes to Terms of Service. IKO may modify the Terms of Service, or any part hereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of IKO.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to the Site. IKO may change or discontinue any aspect, service, feature of the Site or product or service of IKO described herein at any time and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and any other equipment needed for access to and use of this Site, and for all charges related to the same.
(E) Image Limitations. IKO strives to accurately reproduce the screen images of the shingle swatches and house photos shown. However, due to manufacturing variances, the limitations of your monitor resolution and the variation in natural exterior lighting, actual colors may vary from the images you see. To ensure complete satisfaction, you should make final color selections from several full size shingles and view a sample of the product installed on a home.
2. Copyright Ownership
(A) General. IKO.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, documents, software, photos, video, graphics, music, and sound. The entire content of this Site is copyrighted as a collective work under United States and International copyright laws. IKO owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of material obtained from the Site will be permitted without the express, written permission of IKO. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading, or otherwise using copyrighted material from this Site.
(B) Approved Copyright Legend. Here is the appropriate copyright legend that should be used for any such materials obtained or referenced from this Site: Copyright © 2004-2010 IKO Industries Ltd., IKO Industries, Inc., IKO Manufacturing Inc. and their affiliated and related entities. All rights reserved.
IKO owns all right, title, and interest in its registered and unregistered trademarks, service marks, logos, and taglines used in connection with any of IKO’s products or services referenced on the Site or otherwise provided by IKO in the industry, including, but not limited to, the marks IKO, the IKO logo(s) and stylized marks, ARMOROOF, ROOFViewer, ShieldPro Plus +, and the SETTING THE STANDARD tagline. Any other marks, logos, or company names appearing on the Site are the property of their respective owners.
4. Disclaimer of Warranty & Limitation of Liability
(A) Information contained on this Site is intended for general information purposes only, is not intended to make any representations or legal statement, and is provided on an “as is” basis. While effort has been made to provide correct and clearly expressed information, errors may occur. Furthermore, any information contained on this Site is subject to change at any time and without notice.
(B) IKO and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for any errors, omissions, or statements contained on this Site and assume no liability whatsoever for any action taken in reliance on the information contained on this Site, or for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Site or of any information or content contained therein.
(C) UNLESS GOODS SOLD BY IKO OR ANY OF ITS AFFILIATES ARE SUBJECT TO AN EXPRESS LIMITED WARRANTY OR OTHER WARRANTY PROVIDED BY IKO AS EXPLICITLY SET FORTH ON THE SITE (www.IKO.com/warranties), THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS,” WITHOUT RECOURSE, AND IKO DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVATE LABEL GOODS, GOODS DESCRIBED AS “SECONDS,” “ECONOMY,” “DAMAGED,” “OFF-GRADE,” AND OTHER SIMILAR DESIGNATIONS ARE DEEMED TO BE SOLD “AS IS, WITH ALL FAULTS.”
5. Links to Third Party Content or Websites
In the event that there are any links or pointers to third party (not owned or operated by IKO) websites within this Site, such links are provided merely for convenience to you and do not constitute an endorsement of the products or services offered by the owner or operator of such third party websites. IKO and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for such third party websites and assume no responsibility or liability for any content, information, or statements made on such linked websites or by the owner or operator of such websites.
6. Entire Agreement
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of IKO and any of its affiliated companies or entities. These Terms of Service shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
These Terms of Service were last updated on 30 July 2010.