Chinese Drywall Testing and Remediation Guidelines Terms of Use Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING ALL OR ANY PORTION OF THE “GUIDANCE DOCUMENT” YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE BETWEEN YOU AND NAHB, LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE GUIDANCE DOCUMENT. YOU AGREE THAT YOUR USE OF THE GUIDANCE DOCUMENT ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 AGREEMENT

The National Association of Home Builders, with a principal place of business at 1201 15th NW, Washington, D.C. ("NAHB") owns all intellectual property in “Imported Problematic Drywall: Identification Strategies and Remediation Guidelines,” (Guidance Document) and permits you to use the Guidance Document only in accordance with the terms of this Agreement. 

  1. This Guidance Document offers guidance for identifying and remediating homes with problematic drywall. The information and recommendations contained in this Guidance Document represent NAHB’s considered opinion on the subject and are based upon current research results available to NAHB.
  2. This Guidance Document is not intended to set minimum or maximum requirements. The goal is to effectively and efficiently repair the damage being done by the drywall, including eliminating the source of the damage. To achieve this goal, a builder might choose to follow different guidelines that are either not as inclusive as the guidelines in this Guidance Document or that include additional measures to assure that the home is fully remediated.
  3. This document should not be used to determine the effectiveness or the efficiency of a builder’s completed or future identification or remediation efforts.
  4. The recommendations and opinions expressed in this Guidance Document are valid only for the purpose stated herein. Information furnished by others, upon which all or portions of this document are based, is believed to be reliable but has not been verified. No warranty is given as to the accuracy of such information.
  5. Public information and industry and statistical data are from sources deemed to be reliable. Reasonable care has been used in compiling the information included in this Guidance Document; however, NAHB makes no representations as to the accuracy or completeness of such information and has accepted the information without verification. NAHB, Marsh Risk Consulting and Building Health Sciences assume no liability whatsoever for any damages incurred as a result of errors or omissions in the information included in this Guidance Document.
  6. No obligation is assumed to revise this Guidance Document to reflect changes, events or conditions that occur subsequent to publication. The information contained herein is also subject to statutory, regulatory or judicial revision.
  7. There are no third-party beneficiaries with respect to this Guidance Document. NAHB, Marsh Risk Consulting and Building Health Sciences accept no liability for the effectiveness of this Guidance Document for your purposes and expressly disclaim any warranty or guarantee with respect to the recommendations and information in this Guidance Document and shall not be liable for any damages resulting from its use.
  8. The recommendations and information in this document are not a substitute for specific legal or other professional advice.
  9. Reference herein to any specific commercial products or services does not constitute or imply an endorsement or recommendation of any such product or services by NAHB, Marsh Risk Consulting and Building Health Sciences.
  10. None of the views expressed in this Guidance Document shall be used for advertising or product endorsement purposes.
  11. This Guidance Document may not be reproduced or duplicated, in any form, in whole or in part, without prior written approval from NAHB.
  12. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the District of Columbia (excluding the District of Columbia’s conflict of laws rules which would refer to and apply the substantive laws of another jurisdiction). The parties hereby agree to submit themselves to the personal jurisdiction of the courts of the District of Columbia, which shall be the exclusive venue for any disputes relating to this Agreement. 

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