Builders Warehouse USA Terms of Use (“Terms of Use”)
Welcome to the Builders Warehouse USA website: www.builderswarehouseusa.com (this “Website”). Please review the following terms and conditions before using this Website. These Terms of Use, which may be modified from time to time, apply to all visitors to, or users of, this Website.
Overview:
The following rules and regulations apply to all visitors to or users of the Web site, the home page of which is at www.builderswarehouseusa.com By using this Web site, you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the builderswarehouseusa.com Web site and its contents (including without limitation, all text, photographs, images, video and audio) are the exclusive property of Builders Warehouse USA, Inc. and are protected by copyright, trademark, trade dress and other laws.
Limited License:
The builderswarehouseusa.com Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Builders Warehouse USA as a service to its current and prospective customers and visitors to the Web site and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web site or any of its Materials without our express prior written permission; (b) you may not access or use the builderswarehouseusa.com Web site for any competitive or commercial purpose; and (c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Builders Warehouse USA may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Builders Warehouse USA.
Trademarks:
This Web site may contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Builders Warehouse USA. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Builders Warehouse USA.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Builders Warehouse USA, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Our Products:
All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments:
All comments, feedback, suggestions, ideas, and other communications (collectively, “Comments”) submitted or offered to Builders Warehouse USA in connection with your use of this Website shall be and remain property of Builders Warehouse USA. Builders Warehouse USA will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your Account:
You may choose to register with us through our Website and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
Linking:
Periodically, links may be established from this Web site to one or more external Web sites or resources operated by unrelated third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the builderswarehouseusa.com Web site. These links should not necessarily be deemed to imply that Builders Warehouse USA endorses the Third Party Sites or any content therein.
Builders Warehouse USA does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Builders Warehouse USA will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer:
THIS WEBSITE AND ALL CONTENT OF THE WEBSITE ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability:
IN NO EVENT WILL BUILDERS WAREHOUSE USA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BUILDERS WAREHOUSE USA IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Jurisdiction:
No implication is made that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Builders Warehouse USA controls this Web Site from its offices within the State of California. The terms and conditions of this Website shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions.
Revisions:
Builders Warehouse USA may terminate, change, suspend or discontinue any aspect of this Web site, including the availability of any features of the Web site, at any time and without notice. Builders Warehouse USA also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Builders Warehouse USA may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.