GAF - Terms and Conditions
Welcome to the e-commerce website www.coatingsselect.com the "Site") of GAF Materials LLC d/b/a GAF ("GAF"). Your use of the Site is subject to these Terms and Conditions ("Terms"), which we may update from time to time on a prospective basis. Please read these Terms and Conditions carefully before using the Site.
By accessing the Site in any way, including, without limitation, browsing the Site, using a mobile application, using information obtained from the Site, making any purchase from the Site, taking any action in which you agree to the Terms and/or submitting information to GAF, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, the dispute resolution provisions, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New Jersey law.
By accessing our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
From time to time we may update the Site and these Terms. Your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. GAF may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that GAF will have no liability to you or to any third party if the Site is discontinued or your ability to access the Site or any content you may have posted on the Site or received from the Site is terminated.
By accessing the Site, you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
Shipping and Returns
At all times, any products on the Site are subject to product availability.
The availability of customer pick-up may depend on safety precautions at the GAF plant or distribution center. Products will ship via multiple methods, including but not limited to UPS, FedEx, ground or LTL. We do not offer expedited processing or shipping. Products typically ship within 1-2 business days and made to order items typically ship within 5 to 10 business days. Shipping charges are $9.99 for orders under $300 and free for orders over $300.
The risk of loss and title to the products shipped pass to you upon GAF's delivery of such products to the shipping carrier or to you or your representative for customer pick up. .In the event that any product you order is returned as undeliverable, unclaimed or refused, we will contact you via phone or email to try and rectify the problem. You will be required to pay additional shipping costs. If such product is still undeliverable after a second attempt, you will be asked to provide a different shipping address and will incur additional shipping charges. You are responsible for any additional charges that may be incurred due to factors outside GAF's control, including but not limited to: special instructions, lift-gate service, etc.
NO RETURNS OR CANCELLATIONS. ALL SALES ARE FINAL. UNLESS YOUR ITEM ARRIVED DEFECTIVE, DAMAGED OR IS NOT THE ITEM YOU ORDERED, WE WILL NOT ACCEPT ANY RETURNED ITEMS, PROVIDE ANY REFUNDS, NOR WILL WE PROVIDE ANY EXCHANGES.
You must inspect your order upon receipt and notify us promptly, but in any event within 10 days, if the item arrives defective, damaged or is not the item you ordered. In the event that an item arrives defective, damaged or is not the item you ordered, your sole remedy is a replacement of the product you ordered. Please contact us at email@example.com or at 877-GAF-ROOF (877-423-7663), Option 6, to arrange for a replacement. We may ask you to send a picture or other verification and will then provide you with instructions on how to proceed, including any instructions about returning the product.
GAF reserves the right to limit quantities of items purchased by each customer. GAF further reserves the right to cancel any order or refuse to provide a product to anyone for any lawful reason.
Use of Credit Card
If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you
grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Discount and Offers
Ship product to FL and save an additional 5% on entire order
Offer valid on purchases of in-stock products made at coatingsselect.com from April 30, 2022, 12:01am ET through July 31, 2022, 11:59pm ET for shipping to FL. No rain checks issued. To qualify, you must purchase at least one product in a single transaction. Applicable taxes and shipping and handling costs are excluded from the offer. Can not be combined with any other promotion or offer unless permitted at checkout. Can not be applied to previous purchases. Offer subject to change without notice. Not redeemable for cash. Discount will be automatically applied on qualifying orders at checkout. Limit one per order.
Content on the Site that is provided by GAF or its licensors, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, page headers, custom graphics, button icons and scripts, product and program names, slogans, and the compilation of the foregoing ("GAF Content") is the property of GAF and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Unless otherwise specified on the Site and without the express written consent of GAF, you agree not to download, display or use any GAF Content located on the Site for use in any brochures, marketing materials, publications, in public performances, on websites other than the Site or in any other medium for any commercial purpose. You also agree not to download, display or use any GAF Content located on the Site in connection with products or services that are not those of GAF, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GAF and/or its licensors, that dilutes the strength of GAF's or its licensor's property, or that otherwise infringes GAF's or its licensors' intellectual property rights. You further agree to in no other way misuse any GAF Content, User Content (as defined below), or third party content that appears on the Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
Use of the Site and Posting Policy
From time to time on certain areas of the Site you may be able to submit comments, photographs, and certain other materials, such as contest or sweepstakes materials ("User Content").
The following requirements apply to your use of the Site, including, without limitation, any User Content you may submit to us: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by GAF; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not upload, post, reproduce or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (e) you will not use the Site for any commercial purpose not expressly approved by GAF in writing; (f) you will not impersonate any person or organization, including without limitation, the personnel of GAF, or misrepresent an affiliation with another person or organization; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Site, or feature of the Site.
Use of the Site and Posting Policy (continued)
You understand and agree that you have no ownership rights in any account you may have with us or other access to the Site or features therein. GAF may cancel your account and delete all User Content associated with your account at any time, and without notice, if GAF deems that you have violated these Terms, the law, or for any other reason. GAF assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account. GAF, in its sole discretion, reserves the right to report your conduct to authorities, or take legal action, as may be appropriate,
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to GAF a limited, non-exclusive,
sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.
You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold GAF, its parents, subsidiaries, affiliates, contractors and agents, and each of their officers, directors, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your use of the Site or violation of these Terms, or any use of the Site, GAF Content or violations of the Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to GAF or the Site.
Responsibility for and Our Right to Edit or Delete User Content
GAF does not control, is not responsible to review, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, GAF reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. GAF is not responsible or liable for damages of any kind arising from any User Content even when GAF is advised of the possibility of such damages, or from GAF's alteration or deletion of any posting.
Disclaimer of User Content
The information and opinions expressed in User Content on the Site are not necessarily those of GAF or its content providers, advertisers, sponsors, affiliated or related entities, and GAF makes no representations or warranties regarding the User Content. GAF does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Accounts, Security, Passwords
If the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify GAF immediately. We reserve the right to delete or change any username or password at any time and for any reason.You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. GAF is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Representations and Limitations of Liability
GAF makes no representations about the reliability of the features of the Site, the GAF Content, User Content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. GAF makes no representations regarding the amount of time that any GAF Content or User Content will be preserved.
GAF does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.
Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
THE SITE AND THE PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE, THE PRODUCTS OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GAF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL GAF BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GAF'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GAF OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE AND/OR THE SUBMISSION OF AND/OR GAF'S USE OR DISTRIBUTION OF USER CONTENT, EVEN IF GAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Third Party Websites
Both you and GAF acknowledge and agree that no partnership is formed and neither of you nor GAF has the power or the authority to obligate or bind the other.
Scope of the Arbitration Agreement. You and GAF (each, a "Party" and collectively, the "Parties") agree that any legal dispute between the Parties arising in any way out of or related to the Site or use of the Site, any purchase from GAF, or any communications between the Parties arising out of or relating to the Site or use of the Site shall be resolved through binding individual arbitration. Each Party understands and agrees that it is waiving the right to sue or go to court to assert or defend its rights and you are agreeing to waive your rights to proceed in a class action in any way. However, you or GAF may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term "dispute" means any dispute, action, claim, or other controversy between you and GAF, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution. Either Party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other Party describing the facts and circumstances (including any relevant documentation) and allowing the receiving Party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to GAF at 1 Campus Drive, Parsippany, New Jersey 07054, Attention: Legal Department or (2) to you at the postal or email address on file with GAF. The Parties agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other Party.
How Arbitration Works. Either you or GAF may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by these Terms. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the Parties shall agree to, or the court shall select, another arbitration provider. Unless the Parties agree otherwise, any arbitration hearing shall take place in the county of your location (as determined by your address on file with GAF).
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other person. The Parties also agree that each may bring claims against the other in arbitration only in an individual capacity and in so doing the Parties hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration. In such case, the venue shall be the county of your residence (as determined by your address on file with GAF).
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New Jersey will govern without reference to its conflict of laws principles. GAF will provide notice of any material changes to this Arbitration Agreement. Except as set forth above in the section regarding waiver of the right to bring a class action, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the Parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the cancellation or termination of the Site or your account by you or by GAF.
Injunctive Relief. You acknowledge that irreparable injury may result to GAF and its business upon the unauthorized use of its trademarks and/or unauthorized disclosure of GAF's confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which GAF believes is confidential and/or proprietary, GAF shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.
The failure of GAF to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of GAF, shall not be deemed a breach of these Terms. If GAF fails to act with respect to your breach or anyone else's breach on any occasion, GAF is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and GAF, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and GAF regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Last Updated March 17, 2021