DAP Web Site Terms of Use and Privacy Policy

DAP Inc., for itself, parent, subsidiaries and affiliated companies (collectively “DAP”), maintains this website located at www.dap.com and its associated websites, webpages, content and other materials (collectively the “Site”) to provide to you information about DAP, its industry and products.  Your access to and use of the Site is subject to these Terms of Use and all applicable laws.  By accessing the Site, you accept, without limitation or qualification, these Terms of Use.  You should review the most current version of the Terms of Use often as they may be modified from time to time and the terms, as modified, will govern your use of the Site.  Any new features that augment or enhance the Site also will be subject to these Terms of Use.

1.       Generally

You are free to browse the Site, access DAP’s periodic e-newsletters, its technical library containing Material Safety Data Sheets (“MSDS”) and Technical Data Bulletins (“TDB”) about DAP products, view DAP’s Product catalog, submit questions with respect to product use and availability and participate in any contests, promotions, surveys or other services provided by DAP.  This and all other DAP-approved material available on the Site is referred to as “Licensed Content.”  You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use.  Any other use of Licensed Content without DAP’s prior written approval is strictly prohibited.     

2.       Product, Safety and Other Technical Information

While DAP uses commercially reasonable efforts to provide accurate information, the industry of which DAP is a part and the laws and regulations applicable to that industry change frequently.  Therefore information contained on the Site may not be current or accurate.  Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only.  DAP cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided is complete, accurate or current for your specific needs.  Each claim or statement about the effectiveness of DAP products and/or claims or statements comparing the effectiveness of DAP products to that of others is expressly limited to the United States unless otherwise stated on the Site.  If a product or sample offered by DAP through the Site is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased or a refund of the price you actually paid.  Product description and pricing is subject to correction and change.  DAP may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed.  Sales made through the Site, if any, are governed by DAP’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.  

3.       Privacy

DAP values its relationship with visitors and customers and makes every effort to safeguard any personal information collected, while also making product and service information available to our customers.  This section describes the overall practices of DAP.  It does not apply to other companies that DAP does not own or control or to anyone not employed by DAP.  

In general, you may visit the Site without telling DAP who you are or revealing personal information about yourself.  However, DAP and companies providing services to or on behalf of DAP (such as Advertising.com) may use various technologies, such as cookies and web beacons (1x1 pixels), to collect non-personally identifiable information discernable as a result of your visit.  This may include a web surfer’s IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to advertisements. Information gleaned from your browser is automatically received and recorded on server logs.  DAP and/or its service providers collecting non-personally identifiable information may use this information to advertise to you. They may also use and disclose non-personally identifiable data derived from our advertising campaigns for reporting purposes, for scheduling and optimization of content delivery and, of course, they may do so if they are required to do so by law.  IP addresses also may be collected for system administration to include them in outgoing mail message headers. 

Personal information is information you provide in any form that personally identifies you, such as your name, address, e-mail address, telephone number, and that is not otherwise publicly available.  Personally identifiable information you voluntarily provide is collected and stored to permit you to receive DAP’s e-newsletters and/or e-mail, participate in online support or “Ask the Expert” services and for marketing and administrative purposes.  It is used to fulfill your requests for sample products or information from DAP from time to time, to request product support, ask a question, report a problem with the Site or participate in promotions, sweepstakes or contests.  Additionally, you cannot communicate with DAP through the “Contact” or customer support links on the Site or via e-mail without providing personally identifiable information.  If you contact DAP or its service providers, a record of that session or correspondence will be maintained.  DAP is a subsidiary of RPM International Inc. which is the parent company to a number of companies manufacturing and selling consumer and industrial products such as Rust-Oleum®, Varathane® and Zinsser®.  These companies are all affiliates of DAP.  DAP shares information it collects with its affiliated companies to inform you of related products that may be of interest to you.  DAP, its affiliated companies and/or its service providers may also occasionally ask users to complete surveys for research purposes.  Other than as provided in these Terms of Use, DAP will not trade, sell or share your personal information with or for use by any other business without your consent unless required by law or as disclosed to you when the information is collected.  If you do agree to share your information with other companies, DAP may do so with companies who offer products that may be of interest to you as well as those providing services to DAP.  These companies may then contact you directly with product or sample offers, personalized offers and information or to ask for your feedback on products and programs that may be of interest to you.

Information collected may be used, for example, to customize Licensed Content, fulfill your product information requests, improve services, contact you (for example, to notify you of new or improved products or product uses), conduct research, advertising, direct mail and email campaigns, and to provide anonymous reporting for internal use and to third parties.  DAP and its service providers may combine information collected about you with information obtained directly or through their affiliated companies, business partners or other companies.  DAP may use anyinformation gained through the Site for any legal purpose, including without limitation, for purposes of developing, using and making available to third parties (at no charge or for a fee) aggregated information regarding trends, products, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Site except that DAP will not report aggregated data in a manner that reasonably permits such information to be identified with any user.  The Site allows you to choose to receive or stop receiving communications from DAP and to update your information.  Should you wish to update your information, be removed from DAP programs for which you previously registered or to prevent further use of your personal information, please follow the directions set forth in Section 12 of these Terms of Use. 

Except for any personally identifiable information DAP may collect from you under the guidelines established in this Privacy Section, any material, information or other communication you transmit, upload or post to the Site or email to DAP (“Communications”) will be considered non-confidential and nonproprietary.  DAP will have no obligation to preserve the confidentiality or refrain from disclosing Communications.  DAP will have no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein for any and all commercial or noncommercial purposes. 

If DAP were to merge with or be acquired by another company or if it were to cease operations, your information may be transferred to the surviving or acquiring company and will be subject to that entity’s privacy policy.  DAP may disclose your personal information if it has reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of DAP’s rights, including against you or a third party, for nonpayment, violation of any agreement with DAP, and to prevent injury to or interference with DAP’s rights or property, or the rights or property of other DAP users or anyone else that could be harmed by such activities.  DAP may disclose or access account information when DAP believes in good faith that the law requires it and for administrative and other purposes that DAP deems necessary to maintain, service and improve  DAP products and services and to protect its rights or property.  By accessing and using the Site, you agree that information you have provided may be disclosed as described above or as may be modified from time to time. 

4.       User Conduct

Obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited.  Impersonation of others or misrepresenting your affiliation with DAP or another is prohibited.  You may not upload to, distribute or otherwise publish through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.  

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”).  You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.   

Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.

You are responsible for your Communications and your activities on the Site.  Under no circumstances is or will DAP be liable in any way for any Communications, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site.  

5.       Indemnity

You agree to indemnify, defend, release and hold DAP, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys’ and other professionals, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any Rights. In the event you provide resale certificate, tax or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify DAP for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against DAP by any third party based upon the information you provide or your use of the Site.

6.       Modifications to Site

From time to time DAP may change the Licensed Content, the services offered or terminated through the Site or expand the Site’s capability.  DAP also reserves the right at any time and from time to time to modify these Terms of Use, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You are responsible for regularly reviewing these Terms and Conditions.  You agree that DAP shall not be liable to you or to any third party for any such action.

7.       Termination

DAP, in its sole discretion, may suspend or terminate your access or use for any reason, but especially if DAP believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  DAP may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.  You agree that any suspension or termination may be effected without prior notice, and acknowledge and agree that DAP may immediately bar further access to the Site.  DAP shall not be liable to you or any third party for any suspension or termination of your access to or use of the Site. 

8.       Links

This Site may contain links to other internet websites or resources.  When you link to those sites, you leave this Site. DAP has no control over such sites, their content and resources or the business practices or policies of operators of such sites.  DAP’s privacy terms do not apply to the practices of any companies or individuals operating the linked sites.  Therefore, please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices.  DAP expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources.  The inclusion of any link on the Site does not imply that DAP endorses the linked site.  Your use of the links is at your own risk.  You further acknowledge and agree that DAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

9.       DAP’s Proprietary Rights

Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content, is protected by all United States and international copyright laws, and may not be used except as provided in these Terms of Use without DAP’s express written permission.  The Site and any necessary software used in connection with the Site (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Site (all of which are included in and as the “Licensed Content”), is owned by DAP or its suppliers or partners and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws.  All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to DAP Products Inc. and/or DAP Brands Company, their subsidiaries and affiliates, or other third party owners who have granted DAP the right and license to use its marks (“Third Party Marks”).  You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of DAP or the respective owner.  This includes use in or as meta tags or any other “hidden text.”  A list of Marks appears at the end of these Terms of Use. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by DAP of any of its rights concerning that mark. Other DAP product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of DAP Products Inc. and/or DAP Brands Company and may not be used in connection with any product or service that is not DAP’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits DAP.

10.    Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to DAP.   

DAP respects the intellectual property of others, and asks its users and visitors to do the same.  DAP will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, DAP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

a.                   a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

b.                   a description of the copyrighted work that you claim has been infringed;

c.                    a description of where the material that you claim is infringing is located on the Site;

d.                   your address, telephone number, and email address and all other information reasonably sufficient to permit DAP to contact you;

e.                   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f.                     a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.   

Notices of claimed copyright infringement should be directed to:

                By mail:           DAP Inc.
                                        
2400 Boston Street, Suite 200
                                        
Baltimore, MD 21224
                                         
Attn:  Webmaster

                By fax:             410.558.0953

                By Email:         dapwebmaster@dap.com

                (Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE:  THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DAP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.    

11.    DISCLAIMERS AND LIMITATIONS OF LIABILITY

DAP makes no representations or warranties about the accuracy or completeness of the Site or Licensed Content.  DAP does not target, and the Site is not intended for use by, children under age 13.  DAP will not contact children under age 13 about promotions or for marketing purposes without a parent’s permission nor will it ask for more personal information than is reasonably necessary to participate in a given activity.  However, it does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)           YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.

(b)           DAP MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE,  (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS,  OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.

(c)                 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(e)           NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF DAP PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAP SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.    Notice/Opt Out Options

Notices to you may be made via either email or regular mail.  The Site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.  Notice or other correspondence to DAP should be sent by certified mail, return receipt requested to: 

DAP Inc.
2400 Boston Street, Suite 200
Baltimore, MD 21224
Attn:  Webmaster  

Should you wish to update your information or no longer receive communications from DAP, please contact dapwebmaster@dap.com.

13.    Specific Trademark Information

33®, 1012®, 2000®, 4000®, 7000®, Alex®, Alex Plus®, BEATS THE NAIL®, The Black Band® design, Blend Stick®, Blockade®, Bondex®, Butyl-Flex®, Caulk-Be-Gone®, CoVinyl X-900Ô , CrackShot®, DAP®, DAP CAPÔ , DAPtex®, DAPtex® Plus, Does It ClearÔ , DryDex®, Dynaflex 230®, Easy Solutions®, Elastopatch®, Fast ‘N Final®, It truly does it all!Ô , Kwik Foam®, Kwik Seal®, Kwik Seal® Basement Paint, Kwik Seal Plus®, One Phenomenal SealantÔ , Patch Stick®, Painter’s Putty ‘53’®, The Partial Putty Knife® design, Phenoseal®, Plastic Wood®, Presto Patch®, Project SolutionsÔ , Quick Plug®, Rely-On®, Seal ‘N Peel®, SIDE Winder®, Simply PhenomenalÔ , Spray ‘N Glue®, Ti®, the Putty-Knife Logo®, Titanium®, You’ll find us in all the right places.®, WeatherflexÔ , Weldwood®, Wood Finish Repair KitÔ , and Wood Swell & LockÔ , and all DAP logos, individually and/or as may be combined with one another, are trademarks of DAP Products Inc. and/or DAP Brands Company, whether or not registered.    

Fun · Tak® is a registered trademark of LePage, a division of Henkel Canada Limited Corp., Brampton, Ontario, Canada.

WebpatchÔ 90 is a trademark of Bostik, Inc., Wauwatosa, WI.

MICROBAN® and the MICROBAN symbol are registered trademarks of the Microban Products Company, Huntersville, NC. 

14.    General Information

These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between you and DAP with regard to and shall govern your activities and use of the Site, superseding any prior agreements between you and DAP.  You also may be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and DAP shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply.  You and DAP agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland.  By using this Site, you agree that DAP, in its sole discretion, may require you to submit any disputes arising from use of this Site or these Terms of Use concerning or including disputes arising from or concerning the interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes filling gaps in contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association by one arbitrator appointed in accordance with said Rules.  Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Maryland as set forth in this Section.  Any arbitration award initiated under this clause shall be limited to monetary damages and not equitable relief.  Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual direct damages in any arbitration initiated pursuant to this Section except as required by statute.  Notwithstanding the foregoing, DAP may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights.  The failure of DAP to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.    

15.    Violations

Please report any violations of the Terms of Use to dapwebmaster@dap.com.

The parties acknowledge that they have required that these Terms of Use be prepared and provided in English.  Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.