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Privacy Policy and Terms of Use

iClunkit, LLC, d/b/a GreenOhm (the "Company" or "we") desires to protect the privacy of its customers who use the GreenOhm tools and products offered by GreenOhm for use or sale on the Building Materials Corporation of America (“GAF”) website (http://www.gaf.com and related sites) (the “Tools”). This privacy policy and Terms of Use (collectively referred to herein as the “Terms”) are intended to provide you notice of our information management practices, including the types of information gathered and how it is used and safeguarded. Your use of these Tools constitutes acceptance of the Terms. GreenOhm reserves the right to change these Terms at any time without notice, effective immediately upon posting on the GreenOhm portion of the GAF website. Please check the GreenOhm Terms periodically for updates. These Terms are effective January 7, 2013. If you do not agree to these Terms, do not use or purchase the Tools.

Collection and Our Use of Information

We will collect no personally identifiable information about you when you use our Tools unless you voluntarily choose to provide that information to us. Any personally identifiable information that you provide to us will be used only for such purposes as are described either in the Terms or at the point of collection, such as to respond to your questions or comments. The type of personally identifiable information we may collect from you when you choose to provide it may include, amongst other things, your: title, name, e-mail address, phone numbers, and company name. If you provide contact information, we or our agents may contact you to clarify your comment or question, or to learn about your level of customer satisfaction with our services. If you choose to subscribe to our Tools or purchase our prospects, we may collect your home address and credit card number for billing purposes. We may use the information you give us to help us provide better products and service and to send you information or promotional materials if you request them.

Sharing of Information

GreenOhm may disclose personally identifiable information about you to a subsequent owner or operator of our Tool if we assign our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets and/or services to a subsequent owner or operator. We may also share this information with any third parties at our discretion. You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator or a third party, and your continued use of the Tool signifies your agreement to be bound by the Terms of the subsequent owner or operator or third party. GreenOhm may also disclose personally identifiable information to third parties in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Terms; 3) we are required by law or court order to disclose, or we believe in good faith that the law requires it; 4) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property, other users of this Tool, or anyone else; 5) to respond to an inquiry, request or complaint that you have made; or 6) for marketing purposes or in connection with any business purposes deemed valuable by GreenOhm. We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with our Terms, or to protect our Tools, customers, or others.

Statistical vs. Personal Information

Some non-personally identifiable information is collected and stored automatically when you use our Tools. This information does not identify you personally. Our system collects data in the server log that may include your IP address, amongst other things.

Use of Cookies

Non-personal information may also be collected with the use of cookies. "Cookies" are small text files a web site can use to recognize repeat users. When someone uses our Tools, a cookie is placed on the customer's machine (only if the visitor's web browser has been set to accept cookies) or is read if the visitor has used our Tools previously. The Company may collect aggregated Tools usage statistics using cookies.

Security

We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you provide such information at your own risk.

Changes to Policy

The Company may, at any time, revise these policies by updating this posting. Your continued use of the Tools indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.

Use of the Tools

You may only visit, view and retain a copy of information from GreenOhm for your own personal use, and you agree not to copy, duplicate, alter, download, publish, modify, create derivative works, publicly display or otherwise distribute any Content (as defined below) for any purpose other than for personal use. The information, software, text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the “Content”) is the property of GreenOhm or other third parties and may be protected by U.S. or other countries’ copyright laws. These Terms give you a non-exclusive, limited and revocable license to use the Tools for your own personal use only so long as you comply with all of these Terms. Any violation of these Terms exceeds the scope of that license and is prohibited. Nothing in this license shall be construed as granting you any other rights or privileges of any kind with respect to the Tools or any Content from GreenOhm. By using the Tools, you agree that you will (i) restrict your use of the Tools to personal use; (ii) comply with all of these Terms; and (iii) not violate the rights of GreenOhm or any other person or entity.

Contractor’s Obligations

Contractor agrees to provide or perform the following: (a) Not to disclose, sell, transfer, assign or give any information provided though the GreenOhm Tools to any other person or organization. (b) Comply with any and all federal, state, local and industry laws, rules, regulations and requirements up to and including licenses required in the geographic areas of the Contractor.

Submissions

Except where expressly provided otherwise by GreenOhm, all comments, feedback, information or materials submitted to GreenOhm through or in association with these Tools (“Submissions”) shall be considered non-confidential and GreenOhm’s property. By providing such Submissions to GreenOhm, you agree to assign to GreenOhm, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. GreenOhm shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not GreenOhm, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to (i) access the Tools or (ii) circumvent, avoid or defeat any security measures or systems used on the Tools. You will not use any manual process to monitor or copy the Content within GreenOhm for any unauthorized purpose. You will not use any device, software or routine that interferes with the proper functioning of the Tools, nor will you attempt to interfere with the proper functioning of the Tools. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Tools.

Unauthorized Use of the Tools; Violation of these Terms or Law; Equitable Relief

Any illegal or unauthorized use of the Tools shall constitute a violation of these Terms. Unauthorized uses include but are not limited to using the Tools to facilitate illegal sales, unauthorized framing of or linking to the Tools or unauthorized use of any robot, spider or other automated process using the Tools (each, an “Unauthorized Use”). Violations of these Terms may be investigated and appropriate legal action may be taken, including without limitation civil action, criminal prosecution and injunctive action. You understand and agree that in GreenOhm’s sole discretion, and without prior notice, GreenOhm may terminate and block your access to the Tools or to GreenOhm’s other services, or exercise any other remedy available, if GreenOhm believes that your conduct or the conduct of any person with whom GreenOhm believes you act in concert violates or is inconsistent with these Terms or the law, or violates the rights of GreenOhm, a client of GreenOhm, or another user of the Tools. You agree that monetary damages may not provide a sufficient remedy to GreenOhm for violations of these Terms and you consent to injunctive or other equitable relief for such violations without the necessity of proving that monetary damages are inadequate or cannot be measured and without posting any bond or other security. GreenOhm reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the service at any time, with or without notice to you. GreenOhm also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to any part or all of the Tools without notice to you. GreenOhm shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights. GreenOhm is not required to provide any refund to you if it exercises any of its rights or remedies, including those described above, because you have violated these Terms or any of GreenOhm’s rights. GreenOhm will not be responsible or otherwise liable for any use or disclosure of your contact information or financial information by a third party to whom GreenOhm is allowed to disclose such information under the Terms.

Copyright Policy

The Content within the GreenOhm website and Tools is the property of GreenOhm and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content from GreenOhm may also be owned by parties other than GreenOhm. You may not copy, modify, distribute or otherwise use any of the Content from the Tools, except for your personal and non-commercial use. You may not use or frame GreenOhm’s name, trademark or logo, images posted, the Content of any text, the design of any page, any form contained on a page or other proprietary materials without GreenOhm’s prior written consent. GreenOhm may withdraw any Content from the Tools at any time in its sole discretion. GreenOhm will terminate the privileges of any user who uses the Tools to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Trademarks

The names, titles, trademarks, service marks and logos (collectively, the “Trademarks”) displayed on the GreenOhm Tools and website may be registered or unregistered common law trademarks of GreenOhm or third parties. Nothing contained in the Tools or on the website grants any license or right to use any Trademark without the prior written consent of GreenOhm or the appropriate third party that owns the Trademark. Any unauthorized use of the Trademarks or any other images or content of GreenOhm is prohibited.

Release and Waiver

By using the Tools, you fully waive and release GreenOhm and GreenOhm’s members, managers, partners, affiliates, officers, subsidiaries, employees, agents, representatives, suppliers, licensees, and distributors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way connected with the Green Ohm, your use of the Tools, other users’ use of the Tools and any dispute you have or claim to have against GreenOhm and its affiliates or one or more users of the Tools. You acknowledge that you may have or may in the future have claims against GreenOhm which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the debtor.”

General Disclaimers

GREENOHM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT GENERATED FROM THE TOOL, OR (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR COPYING OR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE TOOL.

No Warranties

ALL GREENOHM DATA IS OFFERED ON A STRICTLY “AS IS” BASIS. GREENOHM DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE. INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE DATA WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT, OR PURSUANT TO ANY OTHER THEORY OF LAW OR OTHERWISE, AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. GREENOHM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, RETAILERS AND/OR ADVERTISERS ON ANY WEBSITE CONTAINING OUR TOOLS, IN CONNECTION WITH GREENOHM’S SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE TOOL AND GREENOHM’S SERVICES. GREENOHM IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY RETAILER OR THIRD PARTY IN CONNECTION WITH GREENOHM’S SERVICES. SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL OUR ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO US UNDER THIS AGREEMENT. THE INFORMATION WAS OBTAINED BY GREENOHM FROM SOURCES DEEMED TO BE RELIABLE INCLUDING BUT NOT LIMITED TO PUBLIC RECORDS, HOWEVER, WE MAKE NO RESPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF THE INFORMATION PROVIDED HEREUNDER AND WE DO NOT OFFER ANY REFUNDS IN CONNECTION WITH ANY TRANSACTIONS HEREUNDER.

Severance and Waiver

In the event any provision of these Terms is held by a court to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions contained in these Terms will not in any way be affected or impaired. GreenOhm’s failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision by GreenOhm, and no single or partial exercise by GreenOhm of any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy.

Governing Law, Venue and Jurisdiction

These Terms are governed by the laws of the State of Illinois, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with or related to these Terms shall be brought in a federal or state court located in Cook County, Illinois, and you hereby waive any objection to the exclusive jurisdiction of such courts. You hereby consent and submit to the jurisdiction of any local, state, or federal court located within said county and state. You hereby waive any right or basis you may otherwise have to transfer or change or object to the venue of any litigation arising out of, in connection with or related to these Terms in accordance with this paragraph.

Indemnity

You agree to indemnify and hold GreenOhm and its affiliates, and each of GreenOhm’s and its affiliates’ respective managers, members, officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Tools.

Entire Agreement

You agree that these Terms constitute the entire agreement between you and GreenOhm with respect to your use of the Tools. You agree that these Terms supersede any other agreements between you and GreenOhm with respect to your use of the Tools.


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