GAF WORKBELT™ USER AGREEMENT
Last updated: November 6, 2020
From time to time we may update this Agreement by posting an updated version of it and updating the “Last updated” date at the top of this page. Unless you reject the update by emailing us with a notice of termination of this Agreement prior to any of the following, you will be deemed to accept the changes and they will take effect at the earlier of:
- 12:00 p.m. Eastern time on the 10th day after we post them;
- your first ever use of a feature of GAF WorkBelt that is subject to an updated portion of this Agreement; or
- your acceptance of the updated Agreement via a click-through process or some other method that we specify.
You agree to review this Agreement periodically to ensure that you are familiar with the most recent version.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and GAF have against each other are resolved (see Section 4 (Disclaimer of Warranty), Section 5 (Limitation of Liability), and Section 10 (Miscellaneous) below).
- Participation. Subject to the eligibility requirements set forth in Section 1(b) and the other terms and conditions set forth in this Agreement, GAF authorizes you to use GAF’s proprietary and/or licensed computer programs, whether provided via a website or mobile application (such computer programs, along with all data and content that is accessed or used by such computer programs, collectively, “GAF WorkBelt”), which provide you access to contractors who are members of certain GAF contractor programs (“Contractors”) who may wish to retain you in connection with their business. GAF reserves the right to terminate GAF WorkBelt at any time, and upon any such termination, this Agreement shall terminate. GAF reserves the right to charge you fees for your access to and use of GAF WorkBelt and any benefits or services made available to you in connection with GAF WorkBelt.
- Eligibility Requirements. TTo be eligible to access and use GAF WorkBelt, during the term of the Agreement, you must continue to satisfy your obligations set forth in the Agreement, as well as any of the additional obligations or requirements set forth in any GAF WorkBelt documents issued by GAF from time to time.
- GAF WorkBelt Requirements. During the term of this Agreement, you agree to the following:
- You hereby consent to GAF (A) making your name, email address, phone number, address and other information about you available to Contractors and to GAF WorkBelt; and (B) transmitting information, including your personal information and statistics/results about training courses that you have taken with GAF, to GAF WorkBelt. You hereby represent and warrant that you have obtained all legally required consents to make such information available to Contractors and to GAF WorkBelt; and
- You hereby agree to receive communications for GAF WorkBelt by email, mobile push notification and SMS/text notification. You agree that all agreements, notices, disclosures, and other communications that GAF provides to you electronically satisfy any legal requirement that such communications be in writing.
- Contractors. GAF is providing GAF WorkBelt to you merely as a convenience to provide you access to Contractors who may wish to retain you in connection with their business. GAF does not endorse or recommend any Contractor. Any information that we may make available to you about any Contractor, including, without limitation, the Contractor’s participation in a certification program offered by GAF, ratings and reviews, awards and similar information, is advisory only, and GAF makes no express or implied warranty or guarantee in connection with the content of any such information, including as to its accuracy, reliability or completeness. Without limiting the foregoing, GAF makes no representations or warranties whatsoever, whether express or implied, with respect to the Contractors and GAF hereby expressly disclaims all such representations and warranties. It is solely your responsibility to select a Contractor and projects that are suitable for you. Contractors are independent roofing installers and are not employees, agents or representatives of GAF or its affiliates. GAF does not guarantee that a Contractor is located in your area or that a Contractor will be interested in or retain your services. If you decide to provide your services to a Contractor, you will provide such services to the Contractor directly and at your own risk. The Contractor will pay you directly for the services that you provide to it and the Contractor is responsible for any applicable taxes in connection therewith. Additionally, the Contractor will be solely responsible for the regulation of your working conditions and for compliance with all applicable local, state and federal laws, rules and regulations with respect to your relationship with such Contractor, including, but not limited to, worker’s compensation, labor, employment, discrimination, harassment or retaliation, environmental, safety and health rules, regulations, policies and laws, and the Contractor will be solely responsible for all decisions concerning matters of your hiring, firing, discipline, payroll practices, employee benefits, and communication. GAF will not be responsible for, involved with, or have any responsibility or liability with respect to, your working conditions, hiring, firing, discipline, employee benefits, or any other aspect of the relationship between any Contractor and you. In the event of a dispute between you and a Contractor, you must address the dispute with the Contractor directly.
- GAF WorkBelt.
- License. License. Subject to the terms and conditions of this Agreement, GAF grants you a non-exclusive, non-transferable, license (without right of sublicense) during the term of this Agreement to use GAF WorkBelt solely for your personal use. GAF reserves any rights not expressly granted herein. Any use of GAF WorkBelt not specifically authorized under this Agreement is prohibited. GAF has no responsibility whatsoever to furnish any maintenance and support services with respect to GAF WorkBelt.
- Updates. GAF may, from time to time, provide or make available certain improvements, updates, upgrades, bug fixes, patches or other modifications to GAF WorkBelt (“Updates”). GAF may develop and provide Updates in its sole discretion and you agree that GAF has no obligation to develop any Updates. Updates may be automatically installed without providing you any additional notice or receiving any additional consent. You agree to the automatic installation of any Update. Once provided to you by GAF, all Updates will be deemed to be included within the meaning of GAF WorkBelt and are subject to all terms and conditions herein.
- Restrictions. GAF WorkBelt is protected by United States intellectual property law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on GAF WorkBelt without the prior written consent of GAF. You may not assign this Agreement or any of the rights or licenses granted under this Agreement or sublicense, resell, rent, lease, or lend GAF WorkBelt to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void. You acknowledge that GAF WorkBelt contains proprietary trade secrets of GAF. You shall not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of GAF WorkBelt by any means whatsoever (including, but not limited to, bypassing or breaching any security device or protection used for or contained in GAF WorkBelt), except to the extent the foregoing restriction is prohibited by applicable law. You may not use GAF WorkBelt for the purposes of benchmarking or competitive analysis or for developing, using, or providing a competing software product or service. You will only use GAF WorkBelt in a manner that complies with all applicable laws in the jurisdictions in which you use GAF WorkBelt.
- Ownership. GAF WorkBelt is licensed, and not sold, to you under this Agreement. You have no ownership rights in GAF WorkBelt or in any related intellectual property rights. Except for the rights expressly set forth in Section 2(a) above, GAF retains all right, title, and interest in and to GAF WorkBelt (including any changes, modifications, or corrections thereto). You shall take all reasonable steps to protect GAF WorkBelt from unauthorized copying or use.
- Security Measures. GAF WorkBelt may contain technological measures (the "Security Measures") designed to prevent unauthorized or illegal use of GAF WorkBelt. However, GAF cannot, and does not, guarantee that unauthorized third parties will not be able to defeat the Security Measures. You acknowledge and agree that GAF may also use the Security Measures and other lawful measures to verify your compliance with the terms of this Agreement and enforce GAF’s rights hereunder, including, without limitation, GAF’s intellectual property rights in and to GAF WorkBelt.
- Third Party Materials. GAF WorkBelt may include software, content, data, and other materials, including related documentation, that are owned by individuals or entities other than GAF, including software and materials licensed to GAF or its subcontractors pursuant to “open source” or “free software” licenses (collectively, “Third-Party Materials”). Third-Party Materials may be provided to you on terms and conditions that are in addition to and/or different from those contained in this Agreement, and your use of such Third-Party Materials are subject to such terms and conditions. To the extent GAF is required by an agreement governing such Third-Party Materials, GAF will make such Third-Party Materials available to you upon your written request to GAF in accordance with Section 10. For the sake of clarity, and without limiting anything else set forth herein, Sections 4 and 5 of this Agreement apply to the Third-Party Materials portions of GAF WorkBelt.
- No Use for Children Under 13. You hereby affirm that you are over the age of 13, as GAF WorkBelt is not intended for children under 13. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with this Agreement. If the affirmations in this Section 2(g) are not true, then you may not use GAF WorkBelt.
- Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin. You will not export or re-export GAF WorkBelt in any form in violation of the laws of the United States or any foreign jurisdiction. You represent and warrant that: (a) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- U.S. Government End Users. GAF WorkBelt is a “Commercial Item,” as that term is defined at 48 C.F.R §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, and GAF WorkBelt is being licensed to U.S. Government end users (a) only as a “Commercial Item,” and (b) only with those rights as are granted to all other end users pursuant to the terms and conditions herein.
- Release; Indemnification. YOU HEREBY RELEASE AND DISCHARGE GAF, GAF’S AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “GAF PARTIES”) FROM, AND AGREE THAT YOU SHALL WAIVE AND NOT ASSERT ANY ACTION OR CLAIM AGAINST ANY OF THE GAF PARTIES FOR, ANY DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A) YOUR ACCESS TO AND USE OF GAF WORKBELT AND ANY DECISIONS YOU MAKE BASED ON YOUR USE OF GAF WORKBELT; AND (B) YOUR RELATIONSHIP WITH ANY CONTRACTOR AND ANY SERVICES PROVIDED BY YOU FOR THE CONTRACTOR. YOU SHALL IMMEDIATELY NOTIFY GAF OF AND INDEMNIFY AND HOLD HARMLESS THE GAF PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENT, COSTS, EXPENSES, AND OTHER CHARGES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND EXPENSES OF ATTORNEYS) SUFFERED OR INCURRED BY ANY OF THE GAF PARTIES DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH ANY CLAIM, DEMAND, ACTION, LAWSUIT, OR ANY OTHER LEGAL ACTION BROUGHT AGAINST ANY OF THE GAF PARTIES ARISING OUT OF OR RELATING TO (I) YOUR RELATIONSHIP WITH ANY CONTRACTOR OR ANY SERVICES PROVIDED BY YOU FOR THE CONTRACTOR, INCLUDING, WITHOUT LIMITATION, DEATH OR BODILY INJURY, OR THE DAMAGE, LOSS OR DESTRUCTION OF REAL OR TANGIBLE PERSONAL PROPERTY, CAUSED BY YOU; (II) A CLAIM BY ANY CONTRACTOR, INCLUDING, WITHOUT LIMITATION, BASED ON ANY ASPECT OF YOUR ENGAGEMENT OR EMPLOYMENT WITH SUCH CONTRACTOR; (III) YOUR USE OF GAF WORKBELT; (IV) YOUR VIOLATION OF THIS AGREEMENT; OR (V) YOUR BREACH OF ANY REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
- Disclaimer of Warranty. GAF WORKBELT IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF GAF WORKBELT IS WITH YOU. SHOULD GAF WORKBELT PROVE DEFECTIVE, NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR MOBILE DEVICE, YOUR NETWORK, OR GAF WORKBELT. THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO GAF WORKBELT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THE GAF PARTIES DO NOT WARRANT THAT GAF WORKBELT WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, THAT THE OPERATION OR USE OF GAF WORKBELT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN GAF WORKBELT CAN OR WILL BE CORRECTED, THAT GAF WORKBELT WILL BE COMPATIBLE WITH YOUR NETWORK OR MOBILE DEVICE, OR THAT DATA PRESENTED BY GAF WORKBELT OR OTHERWISE DERIVED FROM YOUR USE OF GAF WORKBELT OR CONTAINED WITHIN GAF WORKBELT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON YOUR USE OF GAF WORKBELT, INCLUDING, WITHOUT, LIMITATION, YOUR RELATIONSHIP WITH ANY CONTRACTOR AND ANY DATA AND/OR CONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET IS INHERENTLY INSECURE, AND THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE SECURITY OF GAF WORKBELT OR THE INFORMATION TRANSMITTED BY GAF WORKBELT, WHETHER SUCH INFORMATION IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURE OR THAT GAF WORKBELT WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS AND NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. NO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ARISING OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE LICENSE CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH ACCESS TO GAF WORKBELT.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL (A) ANY GAF PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR USE OF GAF WORKBELT, YOUR RELATIONSHIP WITH ANY CONTRACTOR, THIS AGREEMENT, OR OTHERWISE, EVEN IF A GAF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF ALL GAF PARTIES FOR ANY DIRECT DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF GAF WORKBELT, YOUR RELATIONSHIP WITH ANY CONTRACTOR. THIS AGREEMENT, OR OTHERWISE EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY OF ANY KIND AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers, limitations, and exclusions may not apply to you. To the extent that a GAF Party may not, as a matter of applicable law, disclaim any warranty or limit or exclude any liability, the scope and duration of such warranty and the extent of the GAF Party’s liability shall be the minimum permitted under such applicable law.
- Termination. This Agreement is effective upon the Effective Date and shall continue until it is terminated as provided herein. You may terminate this Agreement at any time upon written notice to GAF in accordance with Section 10. GAF may immediately terminate this Agreement, and/or your license to and use of GAF WorkBelt, or any portion thereof, at any time and for any reason, with or without cause, with or without notice, and without cost or penalty of any kind. GAF reserves the right, at any time, to modify or discontinue GAF WorkBelt, or any part or functionality thereof, with or without notice. You agree that GAF will not be liable to you or to any third party for any modification or discontinuance of GAF WorkBelt or any part or functionality thereof. This Agreement will automatically terminate upon your violation of any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, and you must cease all use of GAF WorkBelt. However, all other provisions of the Agreement shall survive such termination.
- No Agency. YYou are not an employee, agent, or representative of GAF or GAF’s affiliates, and participation in this program does not create any such relationship between GAF or any of GAF’s affiliates and you. Under no circumstances shall you or any other individual or entity associated in any manner with you be deemed to be the agents, salespeople, employees, representatives or partners of, or joint venturers with, GAF or any of GAF’s affiliates. Without GAF’s prior written consent in each instance, you are not authorized to and shall not (a) create any obligations on behalf of GAF or any of GAF’s affiliates; or (b) make any representations or warranties on behalf of GAF or any of GAF’s affiliates, whether with respect to this program or otherwise.
- Non-Disparagement. During the term of the Agreement and after its expiration or termination for any reason, you will not make any false, misleading or disparaging statements about GAF or any of its affiliates or any of its or their competitors to any customers or consumers of GAF’s or GAF’s affiliates products or potential customers or consumers of GAF’s or GAF’s affiliates products, GAF’s or GAF’s affiliates vendors or potential vendors or the media.