Terms and Conditions of Use
By accessing this Web site, you agree to be bound by these Web site Terms and Conditions of Use, all applicable laws and regulations, and further agree that you are responsible for compliance with any applicable laws and regulations, including any local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Web site. The terms “we,” “us,” or “GMS” refers to Gypsum Management and Supply, Inc. and its subsidiaries and affiliates.
The data, information, and materials on the Web site, including but not limited to text, graphics, logos, icons, images and software (the “Content”), is the property of GMS or the suppliers and licensors thereof and is protected by U.S. and international copyright laws. GMS and its suppliers or licensors retain all proprietary rights to the Content. You may use the Content to access information, use the Web site, and for other uses consistent with these Terms and Conditions of Use. The Content may not be reproduced, transmitted or distributed without the prior written consent of GMS.
2. Use License
GMS grants you permission to temporarily download one copy of the materials (information or software) on GMS's web site for your personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials (except as set forth herein);
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on GMS's Web site;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server;
- frame or utilize framing techniques to enclose the materials; or
- use any meta tags or any other “hidden text” utilizing GMS' or its affiliates’ names or any of their trademarks, service marks, trade names, logos and graphics.
This license may be terminated by GMS at any time in its sole discretion and shall automatically terminate if you violate any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the Web site are provided "as is". GMS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GMS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall GMS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Web site, even if GMS or a GMS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
By using the GMS Web site, you agree to indemnify, hold harmless, and defend GMS and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Web site in violation of these Terms and Conditions of Use.
5. Revisions and Errata
The materials appearing on the Web site could include technical, typographical, or photographic errors. GMS does not warrant that any of the materials on the Web site are accurate, complete, or current. GMS may make changes to the materials contained on the Web site at any time without notice. GMS does not, however, make any commitment to update the materials.
GMS has not reviewed all of the sites linked to the Web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GMS of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to GMS's web site shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
9. Additional Terms
If you are a Business Partners or a professional visitor, your use of certain portions of the Web site shall be subject to additional Terms and Conditions for Sale, between you and GMS.