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.
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.
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.
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.
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.
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.
OUR CONTACT INFORMATION
If you have any questions or comments, please contact us at email@example.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.
II. USE OF KANOPI SITES
YOUR ACCOUNT AND ACCESS
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.
III. TERMS AND CONDITIONS OF SALES
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 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.
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.