Terms of Use Agreement

1. Disclaimers

   Armstrong Steel tries its best to ensure the information on this website in its entirety is accurate. However, errors may occur. Armstrong Steel reserves the right to make changes and/or improvements to this website at anytime. Furthermore, THIS WEBSITE AND THE INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS". Armstrong Steel AND ITS PARTICIPATING AUTHORIZED PARTNERS DISCLAIM ANY WARRANTY OF ANY KIND. USE THIS WEBSITE AT YOUR OWN RISK. Armstrong Steel AND ITS PARTICIPATING AUTHORIZED PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER INJURY ARISING OUT OF THE USE OF THIS WEBSITE. Armstrong Steel is not responsible for any damages to property, including, but not limited to, worms, viruses, Trojan horses, trap doors, back doors, time bombs, cancelbots, or any other code or computer program that may interfere with the transfer of data or destruction to property.

2. Copyright, Trademark and Service Mark Notices

   The Site contains information, data, logos, graphics, images, photographs, and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of Armstrong or its third-party providers. Armstrong, a division of Atlantic Building Systems, also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative content or words from, distribute, republish, download, display, post, or transmit in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, any Materials without the prior written permission of Armstrong. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity, or communications laws and regulations. We may share customer information with our trusted partners to assist you with you a construction project.

3. Copyrighted Material

   Armstrong hereby grants you permission to copy, print, and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, noncommercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way.

4. Trademarks

   The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Armstrong. Other product names, company names, marks, logos, and symbols may be the trademarks of its third-party providers or other third parties. You are not permitted to use the Marks without the prior written consent of Armstrong or such third party that may own the Marks.

5. Quote Request Services

   Armstrong Steel is owned and operated by Atlantic Building Systems (ABS). In the event ABS is not able to help you with your request, your request may be transferred to another approved partner. When submitting a Armstrong Steel Building System quote request form you authorize Armstrong Steel to provide your information to an Authorized Armstrong Builder. You will receive a phone call from a approved ABS representative, at which time you may be asked for additional information.

   After you submit an inquiry online or by telephone, Armstrong Steel may provide you with certain records and communications (Communications) in electronic format. By submitting an inquiry to Armstrong Steel, you hereby consent to the receipt of these Communications in the electronic format.

6. Terms Applicable to All Quote Request Services

   Armstrong Steel does not endorse or recommend any specific products that may be offered by any of the Authorized Partners we share information. When deciding which builder is best for you, it is up to you to use your own judgment. The builder you choose to do business with is solely responsible for the services they offer. You understand and agree that Armstrong Steel is in no way liable for any costs or damages incurred while doing business with the builder(s) we share your information with. Furthermore, you understand that the builder(s) we share your information with may keep your quote request form regardless of whether or not you choose to contract with them.

7. Online Conduct

   As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any Armstrong server, or the network(s) connected to any Armstrong server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems, or networks connected to any Armstrong server or to the Site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree that Armstrong would be irreparably harmed by the use, by you or others, of the Site or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Armstrong is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Armstrong reserves the right to block, filter, or delete unsolicited e-mail. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or any racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.

8. Dispute Resolution

   Any claim or dilemma arising out of or related to the use of Armstrong Steel shall be executed by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Denver, Colorado. This agreement provides that all disputes shall be resolved by binding arbitration. You, the consumer, forfeit all rights to go to court to defend or assert your rights. The consumer also forfeits all rights to bring class actions against Armstrong Steel. By using the goods or services provided by Armstrong Steel, you give consent to these restrictions.

9. Links To Third Party Sites

   This Site contains links to Web sites controlled by parties other than Armstrong. Armstrong does not endorse and is not responsible or liable for the contents or use of these third-party sites. Armstrong is providing these links to you only as a convenience.

10. Termination Of Access

    Armstrong may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

11. Disclaimers Regarding Site

    THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. ARMSTRONG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. ARMSTRONG HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

    ARMSTRONG DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT, OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE, OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.

    THE SITE AND MATERIALS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO ARMSTRONG® PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT ARMSTRONG INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL ARMSTRONG BUILDER® FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS, AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

12. Limitation of Liability Regarding Site

    NEITHER ARMSTRONG NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR MODIFICATION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA, OR LOSS OF REVENUE).

13. Privacy Policy

    Armstrong respects your desire for privacy. For information on how Armstrong protects your personal information, please refer to our Privacy Policy. By using this Site, you are consenting to the processing of your data by Armstrong and its affiliates and consenting to the terms of our Privacy Policy.

14. Submissions

    Armstrong welcomes your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, questions, feedback, information, or other materials you submit to Armstrong through or in connection with this Site ("Submissions") shall be considered nonconfidential and Armstrong’s property. No compensation will be paid with respect to the use of your Submission, as provided herein. Armstrong shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not Armstrong, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright.

15. General

    These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications regarding the use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Armstrong to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

16. Legal Contact Information

    If you have any questions about these Terms of Use, please contact Armstrong at the following address:

    Attn: Legal Department Armstrong Steel Corp 5889 Greenwood Plaza Blvd #300 Greenwood Village, CO 80111

17. Trademark and Service Mark Usage Guidelines

    Introduction

    Our trademarks and service marks identify our products so that consumers know they are buying Armstrong’s high-quality products and services. Armstrong Steel ("Armstrong") has gained valuable rights by the proper and continuous usage of its trademarks and service marks to identify its goods and services. If such marks are used improperly, their value can become diluted or generic. Properly using our trademarks by following these trademark usage guidelines protects and preserves the value of our marks and the Armstrong brand.

    What is a Trademark and Service Mark?

    Trademarks and service marks are words, names, symbols, devices, designs, phrases, sounds, or colors adopted and used by Armstrong to identify its goods and services and to distinguish them from other goods and services. The primary function of a trademark is to indicate the source of goods. It also implies a consistency of quality since it assures the customer that all goods bearing that trademark are of the same quality. Trademarks are usually noted with either a ™ or a ® symbol. Service marks are usually noted with a SM or a ® symbol. In the United States, a trademark that is noted by a ™ or a service mark that is noted by a SM has not been registered with the United States Patent and Trademark Office, and a trademark or service mark noted with an ® has been registered with the United States Patent and Trademark Office. Trademarks, however, may also be registered internationally, and each country has different laws regarding the proper notation of trademarks.

    Referential Trademark and Service Mark Usage

    You may use an Armstrong trademark, service mark, or product name to refer specifically to such Armstrong product or service in marketing and promotional materials, books, conferences, applications, demonstrations, etc. You are permitted to use a Armstrong trademark referentially provided that:

    * You adhere to these Armstrong Trademark and Service Mark Usage guidelines.
    * You do not disparage Armstrong or Armstrong products and services.
    * You display your name and logo more prominently than any Armstrong trademark.
    * You include a disclaimer that Armstrong does not sponsor, affiliate, or endorse your product and/or services.

    General Trademark and Service Mark Usage Guidelines

    1. Always spell the trademark correctly. Avoid any variations.
    2. Use appropriate markings. Always capitalize the product name and designate the trademark with the appropriate ™ or ® symbol. Also, the first usage or most prominent usage of an Armstrong product name must be used in conjunction with the Armstrong® trademark and in the same type size, font, color and line.
    3. Always use Armstrong trademarks as adjectives that describe the generic product. Trademarks are proper adjectives describing a specific thing; therefore, they should be used in conjunction with the noun (generic name) they modify (e.g., Armstrong Builder® dealer).
    4. Do not use any Armstrong trademark as your trademark, service mark, trade name, domain name, product name, or logo. Armstrong trademarks identify the goods and services of Armstrong Steel Corp. No third-party may use any Armstrong trademark as their trademark, service mark, trade name, domain name, product name, or logo. You must have your own distinct trademark, service mark, trade name, domain name, product name, or logo that does not include any Armstrong trademarks. You may, however, referentially use the Armstrong trademark in connection with your product. Also, you may not use a variation, combination, or abbreviation of a Armstrong trademark.
    5. Attribute ownership of Armstrong trademarks to Armstrong. When you refer to a Armstrong trademark, please include the following notice of trademark attribution where appropriate, such as on your product, printed materials, and online. Example of correct usage: "Armstrong and Armstrong Builder are trademarks or registered trademarks of Atlantic Building Systems in the United States and/or other countries."
    6. Avoid using words like "original" or "genuine" in association with the trademark. This implies there may be products of others bearing the same trademark.

    Specific Trademark and Service Mark Usage Guidelines

    1. Logos. You may not use any Armstrong logos (including buttons and graphic symbols) without a trademark license from Armstrong. All usage of trademark logos shall be pursuant to these guidelines and any other guidelines associated with that logo. Please refer to Armstrong’s Logos and Usage Policy.
    2. Merchandise items. You may not manufacture, sell, or give away merchandise items, such as T-shirts and mugs, bearing Armstrong trademarks or logos, except pursuant to an express written trademark license from Armstrong.
    3. Slogans and taglines. You may not use or imitate a Armstrong slogan or tagline.

Please Print and Retain a Copy of this Agreement for Your Records.

Armstrong Steel (Last Updated: July 7th 8, 2012)