Terms and Conditions of Use.
Clopay Building Products Image Library Website


Welcome to the Clopay “Image Library” website. This site is restricted to Clopay dealers and others who have been granted the express right to access it, subject to these terms and conditions of use (“Authorized Users”).

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CLOPAY (“CLOPAY,” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE. UNLESS YOU ARE AN AUTHORIZED USER, YOU ARE NOT PERMITTED TO COPY, DOWNLOAD, MODIFY, DISTRIBUTE, TRANSMIT, PUBLISH, CREATE DERIVATIVE WORKS FROM, PRINT OR SELL ANY OF THE CONTENT OF THIS WEBSITE FOR ANY REASON OR FOR ANY PURPOSE, WITHOUT CLOPAY’S SPECIFIC WRITTEN CONSENT.

Ownership of This Website; Indemnity
This website is owned and operated by Clopay. All of the content featured or displayed on this website, including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Clopay or its licensors and content providers.

All elements of this website, including but not limited to the general design and the Content, are protected by trade dress, copyright, trademark and other laws relating to intellectual property and ethical rights. For example, “Clopay,” “Ideal,” “Holmes,” “Anizora” and the Clopay, Ideal, Holmes and Anizora logos are trademarks of Clopay or its subsidiaries or its licensors. Certain of the trademarks are registered in the United States, Canada and other foreign countries.

Disclaimers and Limitation of Liability
CLOPAY USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS OR RELIABILITY OF THE CONTENT. THIS WEBSITE AND ITS CONENT ARE PROVIDED “AS IS.” EXCEPT FOR ANY EXPRESS WRITTEN WARRANTIES FOR CLOPAY’S PRODUCTS IDENTIFIED ON THIS WEBSITE, CLOPAY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CLOPAY NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE, INABILITY TO USE, OR THE PERFORMANCE OF THIS WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOPAY DOES NOT WARRANT THAT ANY OF THE CONTENT OR THE SERVER THAT MAKES IT AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. IN ACCESSING THIS WEBSITE OR USING ANY OF THE CONTENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM YOUR USE OF THIS WEBSITE.

There may be links to other websites from the Clopay website. These other websites are not controlled by Clopay and we are not responsible for any content contained on them or any loss suffered by you arising from your use of such websites. You acknowledge that access to any other websites linked to this website is at your own risk.

Any purchase by you of any products or services manufactured or supported by Clopay shall be subject to all of the standard terms and conditions set forth in Clopay’s contract documents in effect at the time of your purchase.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, so some or all of the above limitations may not apply to you to the extent they are prohibited or superseded by state or national provisions. In no event shall Clopay’s total liability to a user for all damages, losses, and causes of action exceed the amount paid, if any, by the user for accessing this website.

Governing Law and Venue
Your access to and use of Clopay’s website and its Content, and this Agreement, are subject to and shall be governed by and construed in accordance with the applicable federal laws of the United States and applicable laws of the State of Ohio and local government entities. The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of the State of Ohio or the Federal District Courts and each party agrees not to contest the personal jurisdiction of these courts. Clopay nonetheless shall have the right in its discretion to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

No Waiver, Severability
No action of Clopay, except an express written waiver or amendment, shall be construed as a waiver or amendment of any of these Terms and Conditions of Use. If any clause of these Terms and Conditions of Use shall be found unenforceable by a court having competent jurisdiction, such finding shall not affect the enforceability of any other provision.

We reserve the right to change these Terms and Conditions of Use and its Content without notice. These Terms and Conditions of Use set out the entire agreement between Clopay and you relating to your use of this website and its Content.




© Copyright 2002 Clopay Building Products All rights reserved. Terms and Conditions of Use.