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Welcome to kanopibyarmstrong.com. Armstrong World Industries, Inc. and/or its affiliates (“we”, “our” or "KANOPI"): (i) provides website access, website features and certain advisory and consultative services to you when you visit or shop at KANOPI.com and use of software provided by KANOPI in connection therewith (collectively, “KANOPI Services”); and (ii) through the KANOPI Services, provides you the ability to purchase KANOPI’s products, which may be fulfilled by KANOPI or KANOPI’s representatives or independent distributors (collectively, “KANOPI Purchases”and together with the KANOPI Services, “KANOPI Transactions”). KANOPI provides the KANOPI Transactions subject to the following conditions.

By using the KANOPI Services and/or placing an order for KANOPI Purchases, you agree to these terms and conditions (these “Terms of Use”). Please read them carefully.

I. GENERAL

TERM
These Terms of Use are effective unless and until terminated by either you or KANOPI. You may terminate these Terms of Use at any time, provided that you discontinue any further KANOPI Transactions. KANOPI also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the KANOPI website and/or KANOPI Transactions, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or KANOPI, you must promptly destroy all materials and other content downloaded or otherwise obtained from the KANOPI sites, as well as all copies of such content, whether made under these Terms of Use or otherwise. In the event of any termination of these Terms of Use, Section I, together with any provision which by its natures is intended to continue, shall survive.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE KANOPI TRANSACTIONS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING KANOPI PRODUCTS AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KANOPI SITES ARE PROVIDED BY KANOPI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

EXCEPT AS PROVIDED HEREIN, KANOPI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE KANOPI PURCHASES (INCLUDING ANY KANOPI PRODUCTS PURCHASED THERETO), OR THE KANOPI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING KANOPI PRODUCTS AND SOFTWARE) OR OTHER PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KANOPI TRANSACTIONS, AND ANY KANOPI PRODUCTS PURCHASED, IS AT YOUR SOLE RISK.

THIS SECTION DOES NOT LIMIT THE TERMS OF THE KANOPI PRODUCT WARRANTY FOR SUCH KANOPI PRODUCT, WHICH ARE PROVIDED ON KANOPI’s WEBSITE AND CAN BE FOUND AT https://www.armstrongceilings.com/commercial/en-us/technical-downloads/does-my-armstrong-ceiling-have-a-warranty.html.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KANOPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KANOPI DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KANOPI SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM KANOPI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KANOPI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY KANOPI TRANSACTION, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

INDEMNIFICATION
You agree to defend (at our option), indemnify, and hold the KANOPI Indemnitees harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the KANOPI Transactions or any KANOPI products, or any breach by you of these Terms of Use. KANOPI reserves the right, at our 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 KANOPI if and as requested by KANOPI in the defense and settlement of such matter. As used in this section, the KANOPI Indemnitees shall mean KANOPI, its affiliates, and each of their respective directors, officers, employees and agents.

DISPUTES
Any dispute or claim relating in any way to any KANOPI Transaction, or to any other products or services sold or distributed by KANOPI or through KANOPI.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
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.
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. 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 KANOPI may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

TAXES
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 services you acquire through the KANOPI Transactions or KANOPI sites.

EXCUSED PERFORMANCE
In addition to any excuse provided by applicable law, KANOPI shall not be liable for delay, non-delivery or failure to perform any of its obligations herein arising from any event beyond KANOPI’s 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, inability of KANOPI to obtain materials, shortages of materials, and other causes or events beyond KANOPI’s control, whether or not similar to those enumerated above.

APPLICABLE LAW
By conducting any KANOPI Transaction, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and KANOPI.
We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use on the KANOPI sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which the revised Terms of Use incorporating such changes is posted or you are otherwise notified of such changes. By continuing to use or access any of the KANOPI sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

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.

MISCELLANEOUS
These Terms of Use represent the complete agreement and understanding between you and KANOPI, and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and KANOPI. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of KANOPI to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit KANOPI’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. KANOPI may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the KANOPI Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

II. USE OF KANOPI SITES

This Use of KANOPI Sites Section, together with all provisions of the General Section (including without limitation the warranties section) above, govern your use of the KANOPI.com website, together with any services, web applications, software or other tools used or made available on or through KANOPI.com. Please read through this entire Terms of Use document carefully.

YOUR ACCOUNT AND ACCESS
Subject to your compliance with these Terms of Use and any KANOPI service terms/policies, KANOPI or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the KANOPI Services. This license does not include any resale or commercial use of any KANOPI Service, KANOPI Purchase, or any of the foregoing’s contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any KANOPI Transaction or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any service terms are reserved and retained by KANOPI or its licensors, suppliers, publishers, rightsholders, or other content providers. No KANOPI Transaction, nor any part of any KANOPI Transaction, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KANOPI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KANOPI without express written consent. You may not use any meta tags or any other "hidden text" utilizing KANOPI’s name or trademarks without the express written consent of KANOPI. You may not misuse the KANOPI Services. You may use the KANOPI Services only as permitted by law. The licenses granted by KANOPI terminate if you do not comply with these Terms of Use or any service terms.

You may need your own KANOPI account to use certain KANOPI Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, KANOPI may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You represent that you are 18 or over. KANOPI reserves the right to refuse service, terminate accounts, terminate your rights to use KANOPI Services, remove or edit content, or cancel orders in its sole discretion.

SITE POLICIES
Please review our other policies posted on this site. These policies also govern your use of KANOPI Services. We reserve the right to make changes to our site, policies, service terms, and these Terms of Use at any time.

III. TERMS AND CONDITIONS OF SALES

This Terms and Conditions of Sales Section, together with all provisions of the General Section (including without limitation the warranties section) above, govern the purchase of any and all KANOPI products through KANOPI.com. Please read through this entire Terms of Use document carefully.

USE OF PRODUCT
You represent and warrant that, if you effect any KANOPI Purchases, all KANOPI products purchased will be installed and used at the address identified to KANOPI on your order, and all KANOPI products are not being purchased for resale or distribution.

ACCEPTANCE OF ORDERS AND PRICING
No order placed with KANOPI shall be considered as accepted until officially acknowledged by KANOPI in an email receipt to you at the email address you provide on your order. You are solely responsible for the determining that the KANOPI Purchases purchased meet your needs and are not entitled to, and have not in fact, relied upon any statement or representation of KANOPI with respect to whether the KANOPI Purchases meet your requirements.

We cannot confirm the price of an item until you order. Prices are subject to change without notice and adjustment to Seller’s prices in effect at the time of order placement. Unless otherwise specified by KANOPI, prices are for the specific quantity stated and do not include taxes nor charges for transportation, insurance, special packaging, or marking.

Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.

PAYMENT
Payment will be made by credit card in accordance to the policies and procedures of the KANOPI website and its billing/payment agent. You agree to pay the entire amount of each invoice rendered by KANOPI of each such invoice without offset or deduction upon the placement of an order with KANOPI.

RISK OF LOSS, DELIVERY AND FULFILLMENT
All orders may be: (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). KANOPI will make its best effort to ensure the accuracy of freight estimates for cost and delivery time from the carriers, but does not guarantee same. Any claims against KANOPI or our distributors or authorized representatives for any KANOPI products must be made within ten (10) days after arrival of shipment.

PRODUCT DESCRIPTIONS
KANOPI attempts to be as accurate as possible in its product descriptions. However, KANOPI does not warrant that product descriptions or other content of any KANOPI Transaction 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.

RETURNS, REFUNDS AND TITLE
KANOPI (or its applicable affiliate, distributor or authorized representative) does not take title to returned KANOPI products until such KANOPI product arrives at its applicable fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, KANOPI (or its applicable affiliate, distributor or authorized representative) does not take title to the refunded KANOPI product. For more information about our returns and refunds, please see https://kanopibyarmstrong.com/pages/shipping-and-returns.

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