Privacy Policy
1. Introduction and Agreement. This web site (the “Site”) is owned and operated by Owens Corning (“Owens Corning”). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Use.
2. Materials and Software. All information and content available on this Site (collectively, “Materials”), and all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is protected by copyright and other intellectual property laws. The Materials and Software are owned by Owens Corning and/or its respective licensors and suppliers (collectively, “Licensors”). Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3. Owens Corning’s Marks. You acknowledge that the Materials include certain business names, trademarks, service marks, logos and brands (“Marks”) owned by Owens Corning. You further agree that you will not alter or remove any copyright notices, trademark notices or other notices from any copies of the Materials, and will not apply to register or use any Marks or any trademarks or service marks confusingly similar to or dilutive of the Marks. The “OWENS CORNING” name and logo are trademarks of Owen Corning. Other product and company names herein may be trademarks of their respective owners.
4. Your Content. You own your own trademarks, service marks, logos, brands, content, photos, data or other materials (collectively “Content”) that you may submit to the Site. By submitting Content to the Site, you hereby grant to Owens Corning and its Licensors a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully-transferable, fully-sublicenseable right and license to copy, distribute, modify, display, perform, create derivative works from, and otherwise use and exploit all such Content for the purposes of the Site. You represent and warrant that you are the owner of the Content, or have the prior written permission of the owner of the Content, to submit Content to the Site. Uploading copyrighted or other proprietary material of any kind or using the trademarks of third parties on the Site without the express permission of the owner is prohibited and may result in civil and/or criminal liability.
5. Copyrights and Copyright Agents. It is the policy of Owens Corning to respond to claims of intellectual property infringement. Owens Corning will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Name: Owens Corning
Address: One Owens Corning Parkway, Toledo, Ohio 43659, Attention: Law Department
Phone: (419) 248-8000; Fax (419) 325-7157
Email: DARLENE.PORTNOY@OWENSCORNING.COM
6. Privacy Policy. There are several opportunities through your usage of this Site for you to provide us with personally-identifiable information about you (such as name, mailing address and e-mail address) and your interests. If you choose to share any personal information with us, we may store it and use it to provide you with an individualized user experience and for marketing research and other marketing purposes. This may include sharing it with other companies in the Owens Corning family, our third-party business partners, and/or our third-party business consultants and providers (collectively, “Providers”) so that they may contact you for direct marketing purposes, including offers of discounts on services. We may sometimes collect non-personal information about you that is anonymous data. The information we receive is for Owens Corning’s use only and is not disclosed to any other party except in aggregate form. Examples of this information may include the length and time of your visit or usage, the pages you looked at on this Site, the type of Internet Browser you have and the site you visited just before coming to ours. We may use this information to develop ideas for improving this Site and to measure activity and usage of this Site. This may include sharing it with our Providers.
Owens Corning may establish relationships with reputable business partners that allow users of this Site to link directly to sites operated by these partners. We choose our business partners carefully. However, Owens Corning is not responsible for the content or privacy practices of third party web sites that may be linked to or accessed via this Site. These links are meant for the user’s convenience only and do not constitute sponsorship, endorsement or approval by Owens Corning of the content, policies or practices of such sites nor any products or services which may be offered through that site.
Your personally identifiable information is one of our valuable assets. It is kept in a secure datacenter and is accessible only to authorized personnel as needed to perform operations governed by this privacy statement. Please keep in mind that despite these measures, Owens Corning cannot guarantee or warrant 100% security of its servers and databases. Moreover, Owens Corning cannot guarantee that personally-identifiable information that you submit through this Site will not be intercepted.
Owens Corning has no intention of collecting any personal information from individuals under 18 years of age. If a child has provided us with personal information without the consent of a parent or guardian, a parent or guardian should contact us at ANSWERS@ANSWERS.OWENSCORNING.COM if they would like us to use reasonable effort to delete this information from our files.
If you do not want your personal information collected by Owens Corning or shared by Owens Corning with any Providers other than any affiliates of Owens Corning, or if you would like to delete your account, please contact Owens Corning at ANSWERS@ANSWERS.OWENSCORNING.COM and we will use reasonable efforts to delete your information from our files and will also use reasonable efforts to instruct any third party Provider to delete your information from its files. Please note, however, that your personally-identifiable information is the basis for your account and your election to not have it shared or collected will result in the deletion of your account.
7. Owens Corning Rights. Owens Corning cannot and does not monitor all of the Content posted or transmitted by you and other third-party information providers. Owens Corning reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the Site, you expressly agree that Owens Corning: (a) will not be liable for any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason, without liability and without providing a refund. You acknowledge and agree that Owens Corning shall have the right to use any personally identifiable information about you (such as your name, phone number, mailing address and email address) that is provided to Owens Corning in connection with your usage and activities conducted while accessing and using the Site. Owens Corning shall have the right to share this information with other third party vendors, providers and suppliers providing services to Owens Corning whether in connection with this Site or otherwise. Owens Corning shall further have the right to transfer this information to other third parties for any other business purpose in Owens Corning’s sole discretion such as, but not limited to, providing Owens Corning’s customer lists to such third parties so that such third parties may contact you for direct marketing purposes including offers or discounts on products and services.
8. Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Content that is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) submitting Content that could be harmful to minors; (c) submitting Content that harasses or advocates harassment of another person; (d) submitting Content, or promoting information that is fraudulent, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) submitting Content that displays pornographic or sexually explicit material of any kind; (f) submitting Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (g) submitting confidential information or ideas; (h) using Materials or Content to engage in contests, sweepstakes, or pyramid schemes, without our prior written consent; (i) using any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (j) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (k) decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for the Software; or (l) taking any action that imposes an unreasonable or disproportionately large load on Owen Corning’s hardware and software infrastructure (collectively, “Prohibited Activities”).
9. Representations/Indemnity. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademarks, trade secret, patent, or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Content does not and will not violate any applicable law or regulation, or cause injury to any person. You agree to release, defend, indemnify, and hold Owens Corning, its affiliates and subsidiaries, its Licensors, and each of their respective officers, directors, employees, affiliates, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys’ fees, arising from: (i) the distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Site or any reliance on the Materials or any other information viewed on the Site, (iii) your breach of these Terms of Use, including without limitation your engagement in any Prohibited Activities, and (iv) any actual, prospective, or terminated sale or other transaction between you and a third party.
10. Links to Third Party Sites. Any links to third party websites is provided for your convenience. Owens Corning does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Owens Corning.
11. Disclaimer of Warranties and Liability. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS MATERIALS IS AT YOUR OWN RISK. OWENS CORNING AND ITS THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE MATERIALS, ANY INFORMATION VIEWED OR PRESENTED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. OWENS CORNING AND ITS THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. OWENS CORNING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE MATERIALS. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Owens Corning specifically disclaims any and all responsibility for any loss, claim, liability or damage of any kind resulting from, arising out of or relating to any errors or omissions in the Site, any third-party web sites accessed through links in this Site, the unavailability of this Site or any portion of this Site, your use of this Site, or your use of any equipment or software in connection with this Site.
12. Limitation of Liability. OWENS CORNING AND ITS RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, MATERIALS, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
13. Termination of Service. You understand and agree that in Owens Corning’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Owens Corning may exercise any other remedy available and remove any Content, if Owens Corning believes that your use of the Site and/or any Content you provide: (a) violate (i) these Terms of Use, (ii) the rights of Owens Corning, any Licensor, or third party, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Owens Corning for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that Owens Corning post a bond. Owens Corning is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in Owens Corning’s sole discretion, you have violated these Terms of Use.
14. Governing Laws in Case of Dispute; Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the United States District Court for the Northern District of Ohio, Western Division and/or State courts of Ohio in Lucas County, Ohio and must be filed within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action.
15. Changes to Site and Terms of Use. This Site and the Terms of Use may be changed by Owens Corning with or without notice. You are solely responsible for reviewing this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of any changes.
16. Entire Agreement; Severability; Non-Waiver. These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Failure by Owens Corning to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
17. If You Do Not Agree. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Last Updated December 22, 2014