Healthier Spaces Collection
Welcome to Kanopibyarmstrong.com. Armstrong World Industries, Inc. and/or its subsidiaries and affiliates (collectively, “we”, “our”, “us” or “Kanopi”): (1) provides website access, website features and certain advisory and consultative services (collectively, the “Kanopi Services”) to you when you visit or shop at Kanopibyarmstrong.com and/or any applications, platforms, services or other resources related to or available through Kanopibyarmstrong.com (collectively, the “Site”); (2) through the Kanopi Services, provides you the ability to purchase our products (“Kanopi Products”) and procure installation services (“Installation Services”, and together with the Kanopi Services and Kanopi Products, “Kanopi Transactions”) which may be fulfilled by us, our representatives, independent distributors, or subcontractors, and/or third party installers; and (3) through the Kanopi Services, provides you the ability to purchase directly from third-party sellers unaffiliated with Kanopi (“Third-Party Sellers”) products offered for sale on the Site by such Third Party Sellers (“Third-Party Products). Sales of Third-Party Products between you and Third-Party Sellers are referred to herein as “Third-Party Transactions”; Kanopi Products and Third-Party Products are referred to collectively as “Products” and Kanopi Transactions and Third-Party Transactions are referred to collectively as “Transactions.”
Last Updated: June 16, 2022
B. USE OF KANOPI SITE
1. Your Account and Access
2. Intellectual Property and Use
All content contained in the Site, including, but not limited to, text, button icons, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, and graphics, is protected by copyright, trademark, patent or other proprietary rights and laws (“IP Law”) and is owned or licensed by us or our software and content suppliers, Third-Party Sellers, or licensors. We and our affiliates, subsidiaries, suppliers, Third-Party Sellers, and licensors expressly reserve all intellectual property rights in all Kanopi Services and/or Third-Party Products, including, without limitation, all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to our or any third party’s intellectual property rights. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, “link” on or from any other web site, or modify logos, trademarks or service marks in any way.
The Site may contain links to third party websites. Access to any other Internet website linked to the Site is at your own risk and we are not responsible for the accuracy, reliability or quality of any content of third-party websites. We provide these website links as a convenience and do not endorse the companies or contents of any linked websites. Third-party websites are governed by separate privacy, security, and data-usage policies we do not control.
5. Registration Obligations and Representations
To access certain portions of the Site you must register with us by establishing a personal profile. You agree to provide truthful and accurate information during the registration process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, we reserve the right to terminate your personal profile account and suspend your use of any and all services offered through the Site.
You agree that you are responsible for maintaining the confidentiality of your user ID and password and you are fully responsible for all activities that occur under their use. You agree to immediately notify us of any unauthorized use of your user ID and/or password and to contact help@Kanopibyarmstrong.com to disable the user ID / password if you suspect the integrity of your password has been compromised. Providing you have a valid User ID, you may at any time request a password change by contacting help@Kanopibyarmstrong.com.
You represent that you are 18 years of age or over. You may not make a purchase of any Product or Installation Services unless you are at least 18 years of age. We reserve the right to refuse service, terminate accounts, terminate your rights to use Kanopi Services or enter into or complete Kanopi Transactions, remove or edit content, or cancel orders without notice at any time, for any reason or for no reason in our sole discretion. You are personally liable for any orders placed or charges incurred through your account prior to termination.
6. User Generated Content
You accept and agree that you are entirely responsible for all content (which includes all text, data, documents, photographs or other information) that you upload, post or otherwise transmit via the Site (collectively, “User Generated Content”). You agree that all User Generated Content is your original work and that you shall not upload, post or otherwise transmit content that: (1) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (2) includes unauthorized disclosure of personal information; (3) violates or infringes anyone’s intellectual property rights; or (4) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
C. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE TRANSACTIONS AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE TRANSACTIONS (INCLUDING ANY PRODUCTS PURCHASED OR SERVICES PROCURED THEREUNDER) OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE OR OTHER PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ALL TRANSACTIONS. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, SOFTWARE OR OTHER PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRANSACTIONS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITH RESPECT TO THE KANOPI PRODUCTS, KANOPI PROVIDES THE LIMITED PRODUCT WARRANTY FOUND AT https://www.armstrongceilings.com/commercial/en-us/technical-downloads/does-my-armstrong-ceiling-have-a-warranty.html. WITH RESPECT TO THE THIRD-PARTY PRODUCTS, KANOPI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO. ANY WARRANTY WITH RESPECT TO THIRD-PARTY PRODUCTS IS PROVIDED ONLY BY THE THIRD-PARTY SELLER AND CAN BE FOUND AT THE THIRD-PARTY SELLER’S PAGE ON THE SITE.
You agree to defend, indemnify, and hold the Kanopi Indemnitees harmless from and against any and all liabilities, claims, losses, damages, costs, and expenses, including attorneys’ fees and costs (collectively, “Losses”), arising from or related to a breach of your obligations to Kanopi, your use of the Site, or your gross negligence or willful misconduct. We reserve the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. As used in this document, the “Kanopi Indemnitees” shall mean Armstrong World Industries, Inc., its subsidiaries and affiliates, and each of their respective directors, officers, employees and agents.
E. LIMITATION OF LIABILITY
IN NO EVENT SHALL KANOPI OR ANY OF THE KANOPI INDEMNITEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY TRANSACTION, REGARDLESS OF (1) WHETHER SUCH DAMAGES WERE FORESEEABLE, (2) WHETHER OR NOT KANOPI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (3) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Any dispute or claim relating in any way to any Transaction, or to any other products or services sold or distributed by us or through the Site or otherwise, will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement because it affects interstate commerce.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling in the aggregate less than $500 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator shall have the authority to decide questions of arbitrability, the existence, validity, scope or termination of this Agreement, and any term within the Agreement. The arbitrator may construe or interpret but shall not vary or ignore the terms of this Agreement and shall be bound by controlling law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The parties agree that any arbitration ruling by an arbitrator allowing class action arbitration or requiring consolidation of arbitration involving any third party or parties would be contrary to their intent and would require immediate judicial review of such ruling.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You are responsible for the payment of any and all Federal, state and local sales, use, and excise taxes and all other taxes and charges assessed in connection with purchase of any Products or Installation Services you acquire through the Transactions or the Site. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screen.
H. EXCUSED PERFORMANCE
In addition to any excuse provided by applicable law, we will not be liable for delay, non-delivery or failure to perform any of our obligations herein arising from any event beyond our control, whether or not foreseeable by either party, including but not limited to, delays of suppliers, labor disturbance or strike, war, terrorism, epidemic, pandemic, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, our inability to obtain materials, shortages of materials, and other causes or events beyond our control, whether or not similar to those enumerated above.
I. APPLICABLE LAW
J. OUR CONTACT INFORMATION
If you have any questions or comments, please contact us at help@Kanopibyarmstrong.com, or by mail at the following address: 2500 Columbia Avenue, Lancaster, PA 17603. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
L. RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
M. INCORPORATION BY REFERENCE
PART II: TERMS AND CONDITIONS FOR SALE OF PRODUCTS
Your order shall consist of the type and number of Products included in your shopping cart and as shown on the billing screen available through the Site (the “Product Order”).
USE OF PRODUCT
You represent and warrant that all Products purchased by you will be installed and used at the address provided to us on your Product Order, and no Products are being purchased for resale or distribution.
ACCEPTANCE OF PRODUCT ORDERS AND PRICING
No Product Order placed with or through us shall be considered as accepted until officially acknowledged by us in an email receipt to you at the email address you provide on your Product Order. You are solely responsible for determining that the Products purchased by you meet your needs and you are not entitled to, and may not in fact, rely upon any statement or representation by us with respect to whether the Products meet your requirements.
All prices are shown in U.S. dollars. Unless otherwise specified by us, all prices are for the specific quantity stated and are exclusive of all sales, use and excise taxes, and any other similar taxes, duties, charges for transportation, insurance, special packaging or marking and charges of any kind imposed by any governmental authority on any amounts payable by you.
We cannot confirm the price of an item until you place your Product Order and we have accepted it. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screen. Prices offered on the Site may vary from other advertised prices due to varying conditions in different geographic markets. The credit card or other form of payment offered on the Site used to place your Product Order will be charged at the time of order placement.
Despite our best efforts, a small number of the items in our catalog or product listings may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either (a) contact you for instructions before shipping or (b) cancel your order, notify you of such cancellation, and refund the amount charged to your credit card or other form of payment offered on the Site.
Payment will be made by credit card or other form of payment offered on the Site in accordance with the policies and procedures on the Site and our billing/payment agent. You agree to pay the entire amount of each Product Order without offset or deduction upon the placement of a Product Order with us. All information that you provide in connection with your payment of a Product Order must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other form of payment offered on the Site used in connection with a Product Order.
RISK OF LOSS, DELIVERY AND FULFILLMENT
All Product Orders for Kanopi Products may be, at our sole discretion: (i) fulfilled by us or (ii) assigned by us to our independent distributors or authorized representatives for fulfillment. All sales are F.O.B. shipping point, and Kanopi Products may be delivered pursuant to a shipment contract with a third-party carrier. The risk of loss and title for purchased Kanopi Products pass to you upon our (or our affiliate, distributor or authorized representative’s) delivery to the carrier from our (or such affiliate, distributor or authorized representative’s facility) (EXW facility). We will make our best effort to ensure the accuracy of freight estimates for cost and delivery time from the carriers, but do not guarantee the same. Any claims against us or our distributors or authorized representatives for any Kanopi Products must be made within ten (10) days after arrival of shipment.
All Product Orders for Third-Party Products will be fulfilled and shipped in accordance with the Third-Party Seller’s fulfillment and shipping policies available at the Third-Party Seller’s page on the Site.
PRODUCT DESCRIPTIONS AND AVAILABILITY
We attempt to be as accurate as possible in our Kanopi Product descriptions. However, we do not warrant that Kanopi Product descriptions or other content of any Kanopi Transaction, on the Site or otherwise, is accurate, complete, reliable, current, or error-free. If a Kanopi Product offered is not as described, your sole remedy is to return it in unused condition.
All content, specifications, Kanopi Products and prices of Kanopi Products described or depicted on the Site are subject to change at any time without notice. Certain specifications and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Kanopi Services or Kanopi Products on the Site at a particular time does not imply or warrant that these Kanopi Services or Kanopi Products will be available at any time. We cannot guarantee the availability of any particular Kanopi Product displayed on the Site. We reserve the right to discontinue the sale of any Kanopi Product listed on the Site at any time without notice.
We request that all Third-Party Sellers be as accurate as possible in all Third-Party Product descriptions. However, we do not warrant that Third-Party Product descriptions or other content of any Third-Party Transaction on the Site or otherwise, is accurate, complete, reliable, current, or error-free. If a Third-Party Product offered is not as described, please contact the Third-Party Seller or consult the Third-Party Seller’s return policy available at the Third-Party Seller’s page on the Site.
All content, specifications, Third-Party Products and prices of Third-Party Products described or depicted on the Site are subject to change at any time without notice. Certain specifications and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Third-Party Products on the Site at a particular time does not imply or warrant that these Third-Party Products will be available at any time. We cannot guarantee the availability of any particular Third-Party Product displayed on the Site. We reserve the right to discontinue the sale of any Third-Party Product listed on the Site, or the right of any Third-Party Seller to offer Third-Party Products for sale on the Site at any time without notice.
RETURNS, REFUNDS AND TITLE
We (or our applicable affiliate, distributor or authorized representative) do not take title to returned Products until such Product arrives at its applicable fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we (or our applicable affiliate, distributor or authorized representative) do not take title to the refunded Product. For more information about our returns and refunds, please visit this page.
The terms and conditions on which returns of any Third-Party Product may be available are between you and the Third-Party Seller. Please consult the Third-Party Seller’s return policy available at the Third-Party Seller’s page on the Site for further information. Kanopi does not accept returns of any Third-Party Products.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU AGREE THAT KANOPI IS NOT LIABLE FOR ANY ACTIONS OR OMISSIONS OF A THIRD-PARTY SELLER OR ANY DAMAGES ARISING FROM THIRD-PARTY PRODUCTS OFFERED ON THE SITE.
Current Third-Party Sellers offering Third-Party Products on the Site include the following:
• Cooledge Lighting, Inc.
PART III: TERMS AND CONDITIONS FOR INSTALLATION SERVICES (IF ORDERED BY YOU)
FOR INSTALLATION SERVICES PERFORMED IN THE FOLLOWING JURISDICTIONS: the State of Delaware; the State of Georgia; Lexington, Kentucky; Louisville, Kentucky; Pennsylvania (except for the cities of Allentown, Reading, Philadelphia, and West Chester and except to the extent you are an “Owner” as defined in the Home Improvement Consumer Protection Act, 73 P.S. § 517.1, et seq.); Austin, Texas; Dallas, Texas; Fort Worth, Texas; Houston, Texas; and San Antonio, Texas – this Part III shall be deemed to constitute the Terms and Conditions For Installation Services between you, on the one hand, and Kanopi Installation, LLC (a wholly owned subsidiary of Armstrong World Industries, Inc.), on the other. Kanopi will be providing the Installation Services to you through a Kanopi-approved subcontractor.
FOR INSTALLATION SERVICES PERFORMED IN ALL OTHER JURISDICTIONS, this Part III shall be deemed to constitute the Terms and Conditions for Installation Services directly between you, on the one hand, and a Kanopi-approved independent installer (“Direct Installer”) (and not Kanopi), on the other. The Direct Installer will be providing the Installation Services to you directly. In no event will Kanopi be (1) responsible for the Installation Services performed by the Direct Installer, nor (2) a party to any agreement with you for the provision of Installation Services.
INSTALLATION SERVICE ORDERS
Your order shall consist of the type of Installation Services for the Kanopi Products included in your shopping cart and as shown on the billing screen available through the Site, and the details or other terms contained in any signed quote for such Installation Services (the “Service Order”). To make a valid Service Order, you must provide certain required information, including, without limitation, the address at which the Installation Services will be performed, phone number, other contact information, the requested date and time for the Installation Services, the specific rooms within which the Installation Services will be performed, complete and accurate ceiling measurements where the Installation Services will be performed, and the specific scope of the requested Installation Services. You agree that such information will be true, accurate and complete, and that you will update this information promptly if it changes. By providing this information to us you are requesting and expressly consenting to having your contact details, details of the proposed Service Order, the requested Installation Services, and any other information we deem relevant sent to an Installer for use in preparing or updating a quote for such Installation Services and/or for the Installer to provide the requested Installation Services. You will provide the Installer with: (1) any information concerning the Installation Services; and (2) access to the premises, buildings and other facilities where the Installation Services will be performed, in each case as may be reasonably necessary for the Installer to prepare or update a quote for the Installation Services.
Installation Services for Third-Party Products are not available from Kanopi or through the Site. Questions regarding installation of Third-Party Products should be directed to the relevant Third-Party Seller.
ACCEPTANCE OF SERVICE ORDERS AND PRICING
No Service Order placed through our Site shall be considered as accepted by the Installer until (1) the Installer receives a quote signed by you; and (2) the Service Order is officially acknowledged by us or the Installer in an email receipt to you at the email address you provide on your Service Order.
All prices are shown in U.S. dollars. Unless otherwise specified by the Installer, all prices are for the specific Installation Services stated and are exclusive of all applicable taxes, and any other similar duties, and charges of any kind imposed by any governmental authority on any amounts payable by you.
We cannot confirm the price of Installation Services until you sign your Service Order and it has been accepted. At its sole discretion, the Installer may require an on-site estimation to prepare or update a quote prior to accepting any Service Order. All prices are subject to change without notice and you agree that any applicable taxes may be adjusted from the amount shown on the billing screen. Prices offered on the Site may vary from other advertised prices due to varying conditions in different geographic markets.
If the actual price of Installation Services varies from the estimated price (for example, where an on-site estimation to prepare or update a quote indicates the price will be more or less expensive than provided in an initial quote), you will receive an updated quote detailing the updated price of the Installation Services.
Payment will be made by credit card or other form of payment offered on the Site in accordance with the policies and procedures on the Site and our billing/payment agent. You agree to pay the entire amount of each Service Order without offset or deduction upon the placement of a Service Order through the Site. All information that you provide in connection with your payment of a Service Order must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other form of payment offered on the Site used in connection with a Service Order.
YOUR OBLIGATIONS FOR INSTALLATION SERVICES
You will (1) provide the Installer with access to the premises, buildings and other facilities as may be required for performing the Installation Services, (2) respond to and fulfill promptly any request for information, accommodations, or approvals that the Installer requires to perform the Installation Services, and (3) comply with any requirements or other terms and conditions contained in any accepted Service Order.
STANDARD OF PERFORMANCE
Installer will perform the Installation Services in a professional and workmanlike manner.
PERSONAL INJURY AND PROPERTY DAMAGE
You agree to defend, indemnify, and hold the Installer and the Kanopi Indemnitees harmless from and against any and all Losses (including, without limitation, personal injury, death, or damage to property) arising from or related to (1) the Installation Services being performed on your premises; or (2) your failure to comply with any term or condition contained in any signed Service Order, except in each case to the extent directly arising out of the gross negligence or willful misconduct of the Installer.
LICENSE NUMBERS HELD BY KANOPI INSTALLATION, LLC
Kanopi Installation, LLC holds the following license numbers:
• Dover: #22-00034445
Georgia: #GCQA007702; GCCO007701
• Louisville: #LIC-GBCL-22-00124
• Lexington: #15075591
• Chicago: #TGC126020
North Carolina: #88066
• Cincinnati: #CBRC010137
• Cleveland: #GEN22-105726
Pennsylvania: HIC #PA170507
• Pittsburgh: #BA-2022-003272
South Carolina: #CLG.124240 GC
• Austin: #5780642
• Dallas: #BU139584
• Fort Worth: #RB022749
• Houston: #176208
• San Antonio: #LIC-CTY-APP22-163000434