By accessing, viewing and/or using any document, application or informational aid available on this Site (“Informational Aid”), you agree to be bound by the terms and conditions contained in this Legal Notice and Disclaimer which contains binding arbitration, waiver of a right to a trial by jury and class action waiver. If you do not agree, you may not view and/or use this Legal Notice and Disclaimer and any Informational Aid provided on our Web sites, computer or mobile software applications, social media pages, QR Codes and/or HTML-formatted e-mail messages (hereafter, individually and collectively, the “Site”).
ANY INFORMATIONAL AID IS: (1) NOT A PRODUCT TRAINING DEVICE AND (2) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY ACCESS, USE, QUALITY, SECURITY, STORAGE, INTEGRITY, LAWFULNESS, COMPLETENESS, RESULTS, PERFORMANCE, ACCURACY AND EFFORT, REMAINS WITH YOU.
Any Informational Aid is solely intended as a general informational aid and not as a substitute for reading container labeling, technical data sheets, white papers or other information about MAPEI Corporation (“MAPEI”), and/or its parent, and its and their respective subsidiaries’ and affiliates’ and related companies’ (individually and collectively, “Company”) products and/or services made available at an applicable Company Site, including, but not limited to: www.mapei.com (individually and collectively, the “Product Literature”). You acknowledge and agree that no product installation should begin before the Product Literature is completely read and fully understood. Product Literature may be amended in the Company’s sole discretion at any time without notice. If there is any conflict between this Legal Notice and Disclaimer and or the Informational Aid and the Product Literature, the latter shall always control. For the most current information about Company products, please visit our Web site above.
If you choose to purchase or use any of the products and/or services discussed or displayed in any Informational Aid (hereinafter individually and collectively, the “Products”), you assume all risk in doing so and agree that Company is not responsible or liable for the selection, suitability or compatibility of the Products, or for any labor or services to be performed at your job installation. Consequently, to the fullest extent permitted by law, Company is not responsible for any liability, damage, injury (whether to person or property, including death) or loss arising from or in connection with the Products or the labor or services relating to the Products. You may be entitled to a limited product warranty at the time of your purchase of a Company product. If so, then that warranty constitutes your entire express warranty for the Company product purchased.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXCLUDED. ADDITIONALLY, COMPANY DISCLAIMS AND DENIES ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY INFORMATIONAL AID.
YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL COMPANY BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ AND PROFESSIONAL FEES) OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, OR FOR ANY LOSS OF PRODUCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF CAPITAL, LOSS OF SOFTWARE, LOSS OR DAMAGE OF DATA OR CONTENT, LOSS OF PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, COST OF REWORK, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, OR WASTED MANAGEMENT TIME, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR THEY ARE FORESEEABLE. COMPANY’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NO PROMISE, REPRESENTATION, AFFIRMATION OR STATEMENT BY ANY EMPLOYEE OR AGENT OF COMPANY WILL BE ENFORCEABLE AGAINST COMPANY UNLESS IT IS SPECIFICALLY INCLUDED IN THE APPLICABLE COMPANY WRITTEN PRODUCT WARRANTY.
Any dispute or claim relating in any way to this Legal Notice and Disclaimer or your use of any Informational Aid, or to any products or services sold or distributed by Company will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Legal Notice and Disclaimer and any dispute of any sort that might arise between you and Company. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of this Legal Notice and Disclaimer shall be unlawful, void or for any reason unenforceable, then that provision, or portion thereof, shall be deemed severable from this Legal Notice and Disclaimer and shall not affect the validity and enforceability of any remaining provisions.
All text, images, graphics, trademarks, patents, and the overall assemblage, appearance and distinctiveness of this Legal Notice and Disclaimer and any Informational Aid (a) constitute trade dress; (b) are the exclusive property of Company unless otherwise specifically stated or displayed; and (c) shall not be reproduced, transmitted, or altered in any way. Any unauthorized use, reproduction or transmission is strictly prohibited.
Legal Notice and Disclaimer Revised: January 2020.