Website Terms of Use
1. Agreement and General Terms of Use. These terms and conditions of use constitute the agreement between YKK Corporation of America ("YKK") and you as the individual who accesses or establishes a connection to this website ("you", "your", or "User"). By accessing and using this website the User agrees to abide by the terms and conditions set forth in this notice and to comply with all applicable federal, state and local laws and regulations. YKK reserves the right, in its sole discretion, to make changes to this agreement at any time. This agreement and any posted rules on this website constitute the entire agreement between the parties with respect to the subject matter hereof. No waiver by either YKK or User of any breach or default under this agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This agreement shall be binding upon and inure to the benefit of YKK and its successors, trustees, affiliated companies and permitted assigns. YKK may assign this agreement, or any of its rights or obligations under this agreement, without notice to User. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, OR ARE NOT SATISFIED WITH THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
2. Rights in Website and Website Content. The content of this website is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and, except as otherwise noted, is owned and controlled by YKK. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form, or by any means, without prior written permission from YKK. User is not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this website for any public or commercial purposes. User may download one copy of the content for personal, non-commercial use, but will make no other use of the content without the express written permission of YKK. User understands that nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of YKK or any third party.
The trademarks, logos and service marks ("Marks") displayed on website are the property of YKK. User is not permitted to use these Marks without the prior written consent of YKK.
This site may be linked to other sites which are not maintained by YKK. YKK is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by YKK of the sites.
The following third party trademarks appearing on this website are the property of their respective owners:
- ENERGY STAR is a registered trademark of Environmental Protection Agency.
- NAHB, NAHB Research Center Green Approved and NATIONAL GREEN BUILDING STANDARD are trademarks or registered trademarks of National Association of Home Builders of the United States.
- NEAT, LOE2-270 and LOE3-366 are registered trademarks of Cardinal CG Company.
- NFRC NATIONAL FENESTRATION RATING COUNCIL is a registered trademark of National Fenestration Rating Council.
YKK AP's use of the third party trademark and/or logo for this purpose does not constitute or imply any affiliation with the owner, or the endorsement or approval by YKK of the owner's products or services. By clicking on the third party logo, you will be leaving the YKK website and entering an Internet site outside of YKK's control. YKK neither endorses nor is responsible for the content of the third-party website. Likewise, the third-party trademark owner does not necessarily endorse YKK's products or services, nor is it responsible for the content of YKK's website.
3. General Disclaimer and Limitation of Liability. THIS WEBSITE MAY CONTAIN INACCURACIES OR ERRORS. ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YKK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YKK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY PART OF THIS WEBSITE OR IMPOSE LIMITS ON ACCESS TO PARTS OR ALL OF THIS WEBSITE WITHOUT NOTICE OR LIABILITY.
YKK SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY YKK PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF YKK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
4. Indemnification. User agrees to defend, indemnify and hold harmless YKK (and any of its parents, subsidiaries, and affiliates and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of this website or your breach of any provision of this agreement. YKK reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, who agrees to cooperate as fully as reasonably required in the defense of any such claim.
5. Links To/From Third Party Websites. This website may contain links to third party websites. Such third party websites (including, but not limited to, websites of YKK affiliated companies and subsidiaries) are not under the control of YKK. Access to any such third party website is at the User's own risk and YKK is not responsible for the accuracy or reliability of any content, information, data, opinions, advice or statements made on these websites.
You may not link to this website without the express prior written consent of YKK. YKK reserves the right in its sole discretion to refuse any request to link to this website.
6. Governing Laws. This website is controlled and operated by YKK from its location in the United States of America. YKK makes no representations that materials on this website are available for use in locations outside of the United States and access to them from locations where their contents are illegal is prohibited. User is subject to United States Export Control Laws and Users who access this website from outside the United States are solely responsible for compliance with all laws in the location from which access is made.
This agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. User expressly consents to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York in any and all actions, disputes, or controversies relating to this agreement.