The information contained on this website, and the ADJUSTRITE® and/or ADJUSTRITE®
PLUS software and software-based hosted services accessible through this website (or
otherwise) and all related services (collectively, “ADJUSTRITE Services”) is made available in
accordance with the terms of this Agreement which are set out below. To use the
ADJUSTRITE Services you must agree to these terms without modification. If you do not
agree to all of these terms, you should exit this website now and you may not use or
access this website. By clicking on the "I AGREE" button, or otherwise accessing and/or
using the ADJUSTRITE Services, you are stating to PPG Industries, Inc. that you personally
are at least 18 years of age and are legally authorized to accept this Agreement to legally
bind yourself, your company and/or employer, and your Authorized Users (as defined
below). If you are not so-authorized or do not agree and accept without modification the
notices, terms, and conditions set forth herein, you are not granted any rights to access or
use the ADJUSTRITE Services. This Agreement shall take effect upon your express
acceptance or your first access or use of the ADJUSTRITE Services, whichever occurs first,
and shall remain in effect for as long as you continue to use the ADJUSTRITE Services,
unless or until terminated by either party upon notice to the other (the "Term").
Subject to your compliance with all of these Terms and Conditions of Use (the
“Agreement”), PPG Industries, Inc. (“PPG”) hereby grants to you and your Authorized Users
(if any, as defined below) (i) a limited, non-exclusive, time-limited, revocable, nonassignable and non-transferable license to access and use the ADJUSTRITE Services;, and
(ii) a limited, non-exclusive, non-transferable, revocable, non-assignable and nontransferable license to use any associated user and operational manuals and help files in
electronic or hard-copy form made available by PPG (the “Documentation”) only in direct
connection with the ADJUSTRITE Services. In consideration for this license, you agree that
your, and all of your Authorized Users’, access and use of the ADJUSTRITE Services is
at http://corporate.ppg.com/Legal-Notices-and-Privacy-Policy.aspx). To the extent that
any rights licensed hereunder relate to software or databases associated with the
ADJUSTRITE Services (“ADJUSTRITE Software”), such rights are strictly limited your remote,
browser-based access to, and use of, ADJUSTRITE Software as hosted by PPG, and you
shall have no right or license to any software or databases otherwise.
As used herein, for any individual accepting this Agreement on behalf of a company with
administrative rights to designate others to access and use the ADJUSTRITE Services, an
"Authorized User" shall be (1) an individual associated with your company, and
contractually bound to you in a manner consistent with the terms and conditions of this
Agreement, and specifically designated by you to access and/or use the ADJUSTRITE
Services on behalf of your company, or (2) your company’s customers utilizing the
ADJUSTRITE Services specifically designated by you to access and/or use the ADJUSTRITE
Services in association with such customer relationship, and contractually bound to you in
a manner consistent with the terms and conditions of this Agreement.
All ADJUSTRITE Software and content included on, or accessed through, the web site
and/or ADJUSTRITE Services, including text, graphics, logos, designs, photographs, button
icons, images, audio/video clips, digital downloads, data compilations, and software, is the
property of PPG Industries, Inc. or its suppliers and is protected by United States and
international copyright laws. The compilation of all content on this web site and/or the
ADJUSTRITE Services is the exclusive property of PPG and is protected by U.S. and
international copyright laws. This information should not be reproduced or used in any
manner without express written permission from PPG.
The PPG name and logo as well as the ADJUSTRITE name and logo are trademarks owned
by PPG. To view a complete listing of trademarks belonging to PPG and affiliated
companies, click here. You may not use any of the trademarks belonging to PPG or
affiliated companies without the prior written permission of PPG. Other trademarks or
service marks included on this site belong to the indicated owners, who should be
contacted with any questions about the use of those marks.
Your, and your Authorized Users’, use of the ADJUSTRITE Services are subject to the
br />a. You may not modify, reverse engineer, reduce, disassemble, compile, decompile or
recompile the ADJUSTRITE Services or otherwise attempt to access, discover, or use the
source code, software, database, data, content, structure, algorithms or ideas underlying
the ADJUSTRITE Services except as expressly offered/provided by PPG through the
b. You may not remove or modify any trademark, copyright or patent or other
proprietary notices, legends, symbols and markings from any copy or part of the
c. You may not transfer any content available on or through the ADJUSTRITE Services
to any third party.
d. You agree to take commercially reasonable efforts to prevent any unauthorized
copying of any content available on the ADJUSTRITE Services by your agents, affiliates,
e. You agree to take commercially reasonable efforts to protect all computers or other
devices which are used by your agents, affiliates, and/or employees to access the against
viruses, spyware, worms, or other malicious bugs or code which may harm or affect the
operation or integrity of the ADJUSTRITE Services or any data residing therewith.
f. You agree to keep the ADJUSTRITE Services and all data residing therewith, and any
documentation relating thereto, as confidential and you shall not disclose them to any
g. You agree to protect and safeguard all passwords and other access control
information (e.g., login information or ID, passwords, etc.) relating to the ADJUSTRITE
Services. You agree to notify PPG promptly, and in any case no more than two (2) days
after learning, of any unauthorized use of the ADJUSTRITE Services. PPG shall not be liable
to you for any loss that may incur as a result of any third party accessing the ADJUSTRITE
Services using your access control information with or without your permission.
h. If you are processing data obtained from a third-party using the ADJUSTRITE
Services, you agree to obtain sufficient authorization from such third-party to transfer such
data to PPG and its affiliates and contractors, and to permit transfer, storage and
processing of such data by PPG and its affiliates and contractors, all in accordance with this
Except as expressly provided above, nothing contained on this website shall be construed
to confer by implication, estoppel or otherwise, any license or right under any patent,
trademark or copyright.
PPG makes no warranties or representations, express or implied, as to the accuracy,
completeness or any other aspect of the information contained on this website or PPG's
server. Information is supplied only upon the condition that the viewer will make its own
determination as to the suitability of the Information for its purposes prior to use. Nothing
contained herein is to be construed as a recommendation to use any product, process,
equipment or formulation in conflict with any patent. PPG makes no commitment to
update or correct any information that appears on this website, PPG's server, or any
website linked hereunder. THE INFORMATION IS PRESENTED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
IN NO EVENT SHALL PPG OR ANY PARTY INVOLVED IN CREATING, PRODUCING,
UPDATING OR DELIVERING THIS WEBSITE, PPG'S SERVER, ANY LINKS CONTAINED
THEREIN, OR THE INFORMATION, BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) RESULTING FROM THE VIEWER'S ACCESS
TO OR USE THEREOF (INCLUDING THE INABILITY TO ACCESS AND USE) OR THE
DOWNLOADING OF ANY MATERIAL CONTAINED OR REFERENCED THEREIN, NOR SHALL
SUCH PARTIES BE LIABLE FOR VIEWER'S RELIANCE UPON INFORMATION OR THE
PRODUCTS(S) OR SERVICES TO WHICH THE INFORMATION REFERS. EVEN IF PPG OR ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, PPG SHALL NOT BE LIABLE FOR ANY
OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR
INDIRECTLY, FROM THE VIEWER'S USE OF, OR INABILITY TO USE, THIS WEBSITE, PPG's
SERVER, OR ANY LINKS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO,
ANYTHING CAUSED BY: A) COMPUTER VIRUSES; B) SOFTWARE BUGS; C) HUMAN ACTION
OR INACTION; D) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR
PROGRAM MALFUNCTIONS; OR E) ANY OTHER ERRORS, FAILURE OR DELAYS IN
COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
Should any user of Information on this server provide PPG with information, including but
not limited to, feedback data, answers, questions, comments, suggestions, plans, ideas or
the like, such information shall be deemed to be non-confidential, and PPG assumes no
obligation to protect such information from disclosure. The submission of such information
to PPG shall in no way prevent the purchase, manufacture or use of similar products,
services, plans and ideas by PPG for any purpose whatsoever, and PPG shall be free to
reproduce, use, disclose or distribute the information to others without restriction.
applies to the collection and use of information by our company through your access and
use of the ADJUSTRITE Services, but does not apply to information which you may send to
us by other means.
At PPG, we are committed to protecting the privacy of the users of our site. All data
collected is protected against unauthorized access. Any information submitted through
PPG expressly disclaims responsibility for the privacy policies and customer information
practices of third-party Internet sites linked to our Web site.
You agree to indemnify, defend and hold harmless PPG, its employees, officers, directors,
and affiliates, against any and all claims made or threatened by any third party that any
End User Data including data introduced or imported by you or your Authorized User(s)
into the ADJUSTRITE Services violates any intellectual property right, including without
limitation any patent, copyright, trademark, or trade secret right, of such third party, or any
claims made or threatened that the use, introduction or importation of such data
constitutes a tort against such third party.
Free trials are only available to first-time customers of the ADJUSTRITE program and must
be approved by PPG, at its sole discretion. Only one free trial may be redeemed per
company. You must have Internet access and a valid email address to redeem a free trial.
Upon registering and requesting your free trial, approved free trial users will be authorized
for approximately (5) free estimates. The free trial entitles you, during the term trial, to the
same services provided to paying subscribers. At the end of your free trial period, the
system will automatically prompt with available purchase options in order to continue
using the services as a paying subscriber. Once the trial has expired, a subscription is
required to continue access to the program. Subscription purchases can be made online
with a valid credit card. Free trials are provided at PPG's sole discretion, and PPG's
decisions as to whether or not the eligibility requirements set forth above have been met
shall be final and binding.
Subscriptions can be purchased online with a valid credit card at the “Purchase” or
“Buy/Renew AdjustRite” links. As a subscriber to the website, you agree that PPG is
permitted to charge your credit card for the subscription fee, any applicable tax and any
other charges you may incur in connection with your use of the website. As used in these
subscription fee will be applied at the date of subscription purchase. PPG reserves the right
to change the effective fees and charges or add new fees and new charges from time to
Your subscription will prompt for renewal upon expiration. Upon receiving the purchase
prompt, the license can be renewed and paid for online with a valid credit card.
Subscription renewal will result in immediate program access. Subscription expiration will
result in termination of access until renewal.
Upon termination or expiration of this Agreement, the license granted hereunder will
terminate and you must cease all access and use of the ADJUSTRITE System. Provisions of
this Agreement which, by their own terms, extend beyond the Term, shall survive
termination. Termination hereunder shall be in addition, and without prejudice to, any
other legal or equitable remedies available to PPG for your breach of this Agreement. You
may cancel your subscription at any time by not renewing the subscription. PPG does not
provide refunds or credits for any partial subscription periods. After any termination or
expiration of your subscription, PPG will continue to store estimates and photos that you
have generated and/or uploaded to our system for a reasonable period of time; provided,
however PPG reserves the right and discretion to delete your estimates and photos from
our system at any time after termination or expiration and you acknowledge that you have
no right or expectation that you will be able to access estimates and/or photos after
termination or expiration. Without limiting the generality of the foregoing, upon written
request by you made within thirty (30) days of expiration or termination of your
subscription, PPG will make available to you for download a file of End User Data (as
defined below), in comma separated value (.csv) format. After such thirty (30) day period,
PPG shall have no obligation to maintain or provide any of the End User Data and PPG
reserves the right, unless legally prohibited, to delete any or all of the End User Data in its
systems or otherwise in its possession or under its control after termination or expiration.
You consent that PPG may collect, store or otherwise process data or information provided
by you or any Authorized User that is, or can be, linked to specific individuals or legal
entities ("Personal Data") solely for the purposes described in this “Data Rights” section
applicable law and professional regulations. PPG shall require any service provider that
processes Personal Data on PPG’s behalf to adhere to equivalent requirements.
PPG claims no right, title or interest in or to data and information, including confidential,
non-public or proprietary information and Personal Data, provided by you or any
Authorized User, in connection with your, or any Authorized User’s, access to, and use of,
the ADJUSTRITE Services ("End User Data") pursuant to this Agreement. You shall hold and
retain all right, title and interest in and to such End User Data; provided however you, on
behalf of yourself and your Authorized User(s), hereby grants to PPG:
(a) for the duration of the Term a limited, fully-paid, royalty free, worldwide, nonexclusive, non-transferable, right and license to store, use, create Derivatives (as
defined below) of, process, analyze, and otherwise display the End User Data
solely for the following limited purposes: (i) to provide the ADJUSTRITE Services
with respect to you and/or Authorized Users, and (ii) to the extent you are
providing End User Data on behalf of, or concerning, any Authorized User, to
provide the ADJUSTRITE Services with respect to such Authorized User; and
(b) a perpetual, irrevocable, fully-paid, royalty free, worldwide, non-exclusive right
and license, to store, use, reproduce, modify, adapt, enhance, improve, process,
analyze, publish, edit, translate, distribute, publicly perform, display and
otherwise exploit “De-identified Data” and/or "Aggregated Data" (as defined
below); and to create Derivatives (as defined below) and own all right, title and
interest in and to such Derivatives in PPG’s own name.
Without limiting any of the forgoing, you acknowledge and agree that PPG shall have the
right to process, analyze, track, record, store, use and/or otherwise access data related to
the performance of the ADJUSTRITE Services, to gather use data regarding the
ADJUSTRITE Services and resource usage for product development, quality initiatives,
benchmarking, reporting services and the like ("Usage Data").
Usage Data collected by PPG may be used to improve and refine the ADJUSTRITE Services
and for internal use, during and after the Term, in accordance with all applicable laws and
regulations. Usage Data shall not include personally identified references naming
individual Authorized Users or any personal information specific to a particular Authorized
As used herein, "Aggregated Data" shall mean data consisting of the End User Data (or
subsets thereof), aggregated with similar data from other subscribers and data otherwise
held by PPG. Aggregated Data shall not include personally identified references naming
individual Authorized Users and shall not include identified references to business names,
but may include geographic locators, purchase histories and patterns and other
information not specifically identified to you or an Authorized User.
As used herein, “De-identified Subscriber Data” shall mean a modified version of the End
User Data from which PPG has removed references to your company name, and from
which PPG has removed the names of individuals.
As used herein "Derivatives" means any adaptations, embodiments, derivatives and/or
derivative works of End User Data, including without limitation results, insights derived
from data analysis, benchmarking reports, findings and artifacts created, derived and/or
extracted by PPG from End User Data, De-identified Data, and/or Aggregated Data;
provided, in no event will Derivatives include End User Data in the form as provided by you
or your Authorized Users to PPG.
You acknowledge and agree that PPG may work with third-party service providers to
provide certain services (e.g., managed services, hosting services, data processing services,
hosted software services) for the purposes of facilitating and/or providing the Software
hereunder and that PPG has the right, to the extent applicable, to sub- license PPG's rights
hereunder to such third-party service providers; provided such sub-license is (i) solely for
the purpose of facilitating or providing the Software for the benefit of PPG and you; and
(ii) subject to all of the applicable terms and conditions set forth in this Rights in Data
Notwithstanding anything to the contrary set forth herein, PPG reserves the right, at its
discretion, to retain: (a) De-identified Data and Aggregated Data; (b) End User Data to the
extent that PPG is required to retain some or all of End User Data by law, or as required by
legal process; (c) End User Data to the extent PPG is required to retain some or all of the
End User Data by law enforcement authorities, judiciary or other governmental officials, or
(d) data to preserve legal rights in connection with the establishment, exercise or defense
of legal claims; all subject to requirements under applicable data privacy law.
You are responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer.
Although this website provides links to third party sites, PPG is not responsible for the
content of any such site. Links are provided as a convenience to viewers, and they shall not
be interpreted as an endorsement, sponsorship, or association of any kind.
Use of Hyperlinks. You may display on your website the hyperlink to this PPG Industries,
Inc. ("Company") website ("Website") for purposes of enabling users of your site to link to
the Website ("Hyperlink"). The Hyperlink shall at all times be displayed in its entirety and
not in association with any text, graphics, logos, trademarks, or trade names (whether of
Company or another party) or any information which is misleading or otherwise
misrepresents the nature of the Website with which the Hyperlink will connect or which is
in any way derogatory, of negative connotation, or otherwise negatively impacts on the
good will of the Company in the Hyperlink or the Website. Use of the Hyperlink shall
require the user to link directly to the home page of the Website via either the same
browser window in which your website operates, or via a separate browser window. Under
no circumstances shall the Website, in whole or in part, be framed, modified in any manner
or for any purpose, or otherwise interfered with in its normal operation and appearance.
The Hyperlink shall only be displayed as set forth in this paragraph, and shall not be
modified in any way, including but not limited to, enabling the Hyperlink to grant access to
other than the home page of the Website. The only rights granted to the Hyperlink are as
set forth in this paragraph. In the event Company provides you with written notice
directing you to remove the Hyperlink from your website, you agree to do so immediately
upon your receipt of such notice.
This website is operated in the United States and presented for the purpose of promoting
PPG and its affiliated companies therein. Use of this site from other locations may not be
appropriate, and PPG makes no representations about such usage. Without limiting the
generality of the foregoing, this website may not be used by users subject to the privacy
laws and regulation of the European Union. Viewers who access this site from locations
outside the United States do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States Export Control Laws
prohibit the export of certain technical data and software to certain territories and
countries. No content from this site may be downloaded in violation of United States law.
These terms and all claims related to this website shall be interpreted and reviewed under
the laws of the United States and the Commonwealth of Pennsylvania (without regard to
the conflicts of laws rules of that or any other jurisdiction). Any claim arising in connection
with these terms or this website must be commenced within one (1) year after such claim
arises.& Any legal action must be brought only in the state or federal courts located in
Allegheny County, Pennsylvania, and you agree to submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim.
continued access to or use of this website shall be deemed to be your acceptance of these
whenever you visit this website.
PPG reserves the right to terminate use of ADJUSTRITE Services by you and/or your
Authorized Users, without notice to you and for any or no reason whatsoever.