Terms

Terms of Use

Last updated October 1, 2008

Welcome to the Web site for Masco Builder Cabinet Group, at www.Merillat.com (Web Site or Site). We maintain this Site for general promotional, investor relations and public information purposes. The following Terms of Use (Terms) apply to your use of this Site. Please read them carefully!  By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms.

Unless the context indicates otherwise, as used in these Terms, (i) "Company", "us", "we", and "our" refer to Merillat and its subsidiaries and affiliates and (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.

Intellectual Property

The Content provided on this Web Site is copyrighted by Merillat or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws.

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Merillat or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.

Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark or service mark of Merillat or any third party. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.

Permitted and Prohibited Uses

You may view and make one electronic or paper copy of the information posted on any screens of this Web Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site.

You may not reproduce, copy, upload, post, transmit, display or otherwise redistribute any materials or design elements of this Site for commercial purposes without our prior written consent.

You may not (i) decompile, disassemble or reverse engineer this Web Site or otherwise attempt to determine the source code or trade secrets of the Site; (ii) violate or attempt to violate the security of the Site; or (iii) otherwise disrupt or interfere with the operation of the Site.

Forums and Public Communication

This Site may enable users to submit their own content to a chat area, message board or e-mail function (“forum”). Any forum on the Site is a free service to enable you to share comments about products and services available on our site.  If you participate in a forum within the Site, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there.  By uploading or submitting any materials to a forum, you automatically grant (or warrant that the owner of such materials expressly grated) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, display and distribute such materials or incorporate such materials into any form now know or later developed.  Merillat cannot prevent others persons who access this site from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy and safety. 

When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with.  Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm.  We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.

Merillat is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, you are prohibited from posting or transmitting the following in your posts:  (i) profanity, pornography, obscenities, hateful, threatening or harassing comments or images; (ii)  discussion of illegal activities or intent; (iii)  solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information  that violates any right of a third party or any law; (vi) any software or other materials that contain a virus or other harmful component, and (vii) Merillat is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.  Merillat reserves the right to edit or remove content from any forum at any time and for any reason and may fully cooperate with any law enforcement authorities or court order requesting or directing Merillat to disclose the identity or locate anyone posting any such information or materials.

A testimonial board post is not an effective way to tell us you need help with an order or site feature. If you'd like to tell us about a specific problem, please e-mail us.  Merillat disclaims liability for any failure on its part to provide help with a specific problem disclosed on this site.

You are responsible for maintaining the confidentiality of your user name and password.  You shall be responsible for all uses of your user name and password, whether or not authorized by you.  You agree to immediately notify Merillat of any unauthorized use of your user name or password.

Disclaimer of Warranties

We make no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. The Content (including all information available on or through the Site) is provided "AS IS" and we are not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.

Links from this Web Site

We have provided hyperlinks from this Web Site and descriptions of or references to selected third party Web sites, products and services as a convenience to you.  However, by providing such links, we are not endorsing such third parties or their Web sites or their products or services.  We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices.  We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you.

Links to this Web Site

If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked "Merillat Web Site"; (ii) the link must "point" to the URL www.Merillat.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these terms.

Questions and Comments

We welcome questions, comments and other feedback about this Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you.

Changes to this Site or these Terms

We may change or discontinue this Web Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.  The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions deemed enforceable by applicable courts of law.

Limitation of Liability

We specifically disclaim all liability (whether based in contract, tort, negligence, strict liability, by statute or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or relating to your access to and/or use of this Web Site (including those arising from your reliance on the Site Content or on any products or services obtained through the use of this Site, lost data, computer viruses or other destructive devices, and delays, breakdowns or interruptions in the use of the Site for any reason whatsoever).

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Michigan and the United States of America, without reference to any choice of law rules under Michigan law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this Web Site will be filed only in the state or federal courts located in Detroit, Michigan and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site.

Violations

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site.

Questions

If you have any questions about these Terms or this Web Site, please email us.