Website Terms and Conditions

  1. Welcome to the Paint Quality Institute (“PQI”) Internet website. This website is operated by The Dow Chemical Company or an affiliated company of Dow (“Dow”) (PQI and Dow, together, “we,” “us,” “our”). These Terms and Conditions of website use explain the legal terms and conditions to which you are subject in return for access to the information and services made available within this website. Please read these Terms and Conditions carefully, because by accessing or using this website, you are acknowledging and agreeing to them, without qualification or limitation. Please also read the Online Privacy Policy carefully. If you do not agree with these Terms and Conditions, or with the Online Privacy Policy, you may not access or use this website.

    We reserve the right to revise these Terms and Conditions or the Online Privacy Policy at any time and for any reason. We also reserve the right to make changes at any time, without notice or obligation, to any of the information contained on this website. By accessing or using this website, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these Terms and Conditions.

  2. Trademark and Copyright Information

    The names, logos, trademarks, or service marks found on this website that are owned or licensed by Dow may not be used without Dow’s prior written approval. The names, logos, trademarks, or service marks of Dow belong exclusively to Dow or its licensors and are protected by international trademark laws and treaties as well as those of the United States of America (“U.S.A.”). All of the contents of this website are protected from copying and simulation under U.S.A. and international copyright laws and treaties. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other unauthorized use of this material is prohibited.

    Requests for consents or approvals required under these Terms and Conditions should be directed to info@paintquality.com or Paint Quality Institute, P.O. Box 1348, Philadelphia, PA 19109, U.S.A.

  3. Limited License To Use Materials

    1. Media outlets and other organizations are encouraged to use PQI information found in PQI’s press releases, newspaper inserts, marketing articles and website content. This includes using quotes, as well as partial and complete articles. We require that PQI be given credit for any of the information used. To use other PQI materials and information, please contact PQI at info@paintquality.com.
    2. Photos located in PQI press releases, newspaper inserts, and marketing articles may be used without prior permission; however, we do require that PQI be given credit by including the following phrase under the photo: Courtesy of the Paint Quality Institute. If you would like to use any of the other photos located on this website or within other PQI materials, please contact PQI directly at info@paintquality.com. Please note that the you are permitted to use these photos solely for the promotion of quality paint and proper paint application techniques. PQI or Dow may at any time, in the sole discretion of either, request that a photo obtained from PQI and placed on another party’s website be removed, with or without cause. Upon such a request, you or the website owner or the person or entity posting such photo(s) will immediately remove the photo(s) from that website.
    3. Recommendations and/or advice attributed to PQI may not be intermingled with any reference to any brand or trade name of paint or coating materials with the purpose of promoting these products or brands. Therefore, PQI may be mentioned in material that includes other products or brands, but only in separate references and may not be positioned as endorsing them.
    4. We reserve the right to control any reproduction or adaptation of our copyrighted publications and materials. These include (but are not limited to) such items as PQI card decks, the PQI Magazine, and Continuing Education Supplements. Permission to reproduce or adapt any of these materials will be determined on a case-by-case basis.

  4. Hyperlinks and Frames

    This website may include hyperlinks to other independent websites. We are not responsible for the content posted on these independent websites and nor do we endorse or approve any products or information offered at these websites. External sites are governed by their own terms and policies and are not governed by the terms and policies of this website. Dow may provide permission to other parties (“Linking Site Owner”) to link their website (“Linking Site”) to the PQI website pursuant to the following provisions:

    1. Non-Exclusive Linking Agreement: Dow grants permission on a non-exclusive, non-transferable, royalty-free basis, for Linking Site Owner to provide a link from the Linking Site to the PQI website.
    2. Limited and Non-Exclusive License: Dow further grants a non-exclusive, royalty-free license for Linking Site Owner to use PQI’s trademarks, service marks, and logo (collectively, the “Marks”), solely for the purpose of denoting and serving as a link from the Linking Site to the PQI website. Except for the Limited License to use the licensed Marks granted in this paragraph, you may not use any of Dow’s trademarks or service marks for any reason without Dow’s prior written permission.
    3. Linking Site Owner hereby acknowledges and agrees that all rights to the Marks, the content of the PQI website, and its “look and feel,” and/or trade dress are the exclusive intellectual property of Dow.
    4. Linking Site Owner further agrees that it shall not at any time directly or indirectly contest or infringe Dow’s intellectual property rights set forth in paragraph 3 above.
    5. Linking Site Owner agrees that the Linking Site shall not:
      1. Create frames around the PQI website or otherwise alter its appearance unless Dow gives its prior written consent;
      2. Imply endorsement by PQI or Dow;
      3. Imply an affiliation with PQI or Dow (in the absence of Dow’s written consent);
      4. Misrepresent Linking Site Owner’s relationship with PQI or Dow or make false, deceptive, or disparaging statements about us, or our businesses or products;
      5. Contain offensive, pornographic, or other illicit materials that are unlawful or unsuitable for viewing by all age groups or persons.
    6. Linking Site Owner acknowledges and agrees that we have no responsibility or liability for any content that appears on the Linking Site.
    7. LINKING SITE OWNER UNDERSTANDS AND AGREES THAT LINKING TO THE PQI WEBSITE IS AT ITS OWN RISK, THAT THE PQI WEBSITE IS PROVIDED “AS IS,” AND THAT ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED AS TO THE OPERATIONS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, ALL LIABILITY IS DISCLAIMED FOR DAMAGE OF ANY KIND ARISING FROM THE LINK TO, OR INABILITY TO LINK TO, THE PQI WEBSITE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES).
    8. Linking Site Owner agrees to defend, indemnify, and hold Dow and its officers, directors, employees, and agents harmless from all third party claims, demands, liabilities, or expenses (including without limitation attorney’s fees), arising from Linking Site Owner’s breach of any duty set forth herein or from any third party’s use of the Linking Site.
    9. Either Dow or PQI may at any time and in its sole discretion terminate permission to link to the PQI website or to any license for the Marks, with or without cause. Upon such termination, Linking Site Owner agrees that it will immediately remove all links to the PQI site and cease all use of the Marks.
    10. You may frame this website only with the prior written consent of Dow.

  5. DISCLAIMER OF WARRANTY

    Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use. We make no warranties or representations, express or implied, as to the accuracy or completeness, or as to any other aspect, of the information on this website. In no event will we be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information on this website or any product to which information refers.

    Nothing herein is to be construed as a recommendation or license to use any information found on this website in conflict with any patent, trademark, or copyright of Dow or others. We make no representations or warranties, express or implied, that any use of this information will not infringe any such patent, trademark, or copyright.

    THIS WEBSITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

  6. LIMITATION OF LIABILITY

    NO PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DAMAGES OR INJURY THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM YOUR ACCESS TO AND USE OF THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY INFORMATION FOUND ON THE WEBSITE), OR FROM YOUR INABILITY TO ACCESS AND USE THIS WEBSITE, OR FROM DOWNLOADING ANY MATERIAL CONTAINED ON THIS WEBSITE. NOR SHALL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND THAT MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: (i) INCOMPLETE OR INACCURATE INFORMATION; (ii) COMPUTER VIRUSES; (iii) SOFTWARE BUGS; (iv) HUMAN ACTION OR INACTION; (v) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS; OR (vi) ANY OTHER ERRORS, FAILURE, OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.

  7. Submission of Materials

    All comments, suggestions, ideas, graphics, photographs, or other information, or property (all of the foregoing, “Material”) that you transmit to this website becomes and remains Dow’s property and may be used by us anywhere, anytime, and for any reason whatsoever. Any Materials submitted to us will be treated as non-confidential and non-proprietary, and we have no obligation to use or evaluate any Material we receive from you. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your Material by us shall in no way impair Dow’s right to contest the validity of your patent, trademark, or copyright.

    Of course, you are not to transmit to this website any material which is unlawful, threatening, violent, abusive, harassive, degrading, defamatory, libelous, deceptive, or fraudulent, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though Dow may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including – but not limited to – claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

  8. Use of Website; Compliance With Laws

    Dow controls and operates this website from Dow’s headquarters in Philadelphia, Pennsylvania, U.S.A. The materials published on this website may not be designed or appropriate for use outside of the U.S.A.. If you access our website from outside of the U.S.A., please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this website, you may not view or use this website.

  9. Export Controls

    You may not export or re-export any information or products received on this or any Dow website except in full compliance with all U.S.A. laws and regulations, including but not limited to, the U.S.A. Export Administration Laws and Regulations. Use contrary to those laws is prohibited. Neither the products, nor any information acquired through the use of this or any Dow website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly to, proscribed or embargoed countries or their nationals or residents, nor may the products of information be used for nuclear activities, missile projects, chemical biological weapons, or terrorist activities, unless specifically authorized by the U.S.A. Government for such purposes. You are responsible for complying with any local laws in your country, which may have an impact on your right to import, export, or use the information or products found on this or any Dow websites.

  10. Forward-Looking Statements

    Some of the information on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of Dow. We caution you that these statements are only predictions and that actual events or results may differ materially. Please refer to the documents Dow files from time to time with the Securities and Exchange Commission, specifically, our most recent Form 10-K or Form 10-Q. These documents contain and identify factors which could cause Dow’s actual results to differ materially from those contained in our projections or forward-looking statements.

  11. Jurisdiction, Choice of Law and Forum

    These Terms and Conditions and your use of this website shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this website shall be any State or Federal court in the state of Michigan, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Neither the existence of this website nor the accessibility of content of this website is intended to establish any new or additional jurisdictional or tax contacts or relationships for Dow within any country or jurisdiction in which Dow does not already conduct business.

  12. Severability and Integration

    These Terms and Conditions constitute the entire agreement between you and us with respect to this website. If any part of these Terms and Conditions is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.