Website Terms of Use - Builder's Best

WEBSITE TERMS OF USE

This website (the “Site”) is owned and operated by Builder’s Best, Inc. (“Builder’s Best”, “we”, or “us”). These General Terms of Use (“Terms of Use”) apply to this Site:

Carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Builder’s Best. When using a particular service and/or accessing certain portions of this Site, you will be subject to any additional posted terms, conditions, or rules applicable to the service, including other terms of use, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your use of this Site is also governed by our Privacy Policy.

IF YOU DO NOT UNDERSTAND, ACCEPT OR AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

Amendment To Terms Of Use
Builder’s Best reserves the right to change the terms and conditions of these Terms of Use, our Privacy Policy or any other terms, conditions and rules relating to the Site at any time in its sole discretion. Builder’s Best shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Ownership Rights
Through this Site, Builder’s Best may make available to you: (a) certain articles, text, information, data, images, illustrations, photographs, video, documents, instruction sheets, spec sheets, and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).

Builder’s Best and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access and view the Materials; and (b) use the Services solely for your own non-commercial use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by Builder’s Best to you are retained by Builder’s Best, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, the selection and arrangement of such elements, and the Materials included on the Site are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Builder’s Best, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site or any Materials made available on the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site or Materials; (c) assign, sublicense, rent, lease or sell the Site or Materials; (d) decompile, disassemble or reverse engineer the Site; (e) “frame” or “mirror” the Site on any other server or Internet-based device; (f) access, view, download, print, use, copy or display the Site or Materials for any commercial purpose except if expressly authorized by Builder’s Best (such as by way of a paid subscription); (g) use any data mining, robots, or similar data gathering and extraction tools; or (h) use any meta tags or any other “hidden text” utilizing Builder’s Best name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Builder’s Best by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Builder’s Best.

Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Builder’s Best. All other trademarks not owned by Builder’s Best that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Builder’s Best.

Builder’s Best and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Prohibited Behaviors
Your ability to use this Site depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.

The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
1. engage in hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
2. engage in the unauthorized access, monitoring, collection, or use of data, systems, or networks.
3. transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
4. interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
5. violate any applicable local, state, national or international law;
6. copy the Site or Materials or any portion thereof (other than as provided under United States copyright laws) or otherwise violate any privacy, intellectual property, publicity or other personal rights, including any copyright, patent, trademark, trade secret, or other proprietary right or Builder’s Best; or
7. cause, permit or authorize the modification, creation of derivative works, or translation of this Site or Materials without Builder’s Best express permission.

Privacy
We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Website Privacy Policy so that you understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

Third Party Information
Please be aware that when you are on the Site, you could be directed to other sites that are beyond Builder’s Best control. Builder’s Best is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Builder’s Best reserves the right to terminate any link or linking program at any time. Builder’s Best provides such links only as a convenience to you. Builder’s Best has not endorsed, tested or verified any information, programs, companies, or services on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory
Builder’s Best operates this Site from its office within the United States. Builder’s Best makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY BUILDER’S BEST “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE BUILDER’S BEST AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC COURSE OF ACTION OR PRODUCT. THE INFORMATION ON THIS SITE IS INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION; THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, ACCURATE OR A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE.

THE INFORMATION ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH BUILDER’S BEST MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. BUILDER’S BEST ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, MATERIALS, PRODUCTS OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. BUILDER’S BEST MAKES NO ATTEMPT TO VERIFY THE INFORMATION POSTED OR SHARED BY THIRD PARTIES. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, AND EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BUILDER’S BEST, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) TOTAL damages in excess of $50 in the aggregate. Some states do not allow the exclusion or limitation of CERTAIN damages, so the above limitations and exclusions may not apply to you. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

BUILDER’S BEST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF BUILDER’S BEST CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Indemnity
You agree to indemnify, defend and hold harmless Builder’s Best, and its affiliates, officers, agents, co-branders, partners, licensors, and employees, from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Modification and Termination
Builder’s Best may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability, and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and Builder’s Best rights in the Site, these Terms of Use shall be governed by and interpreted according to the laws of the State of Texas (without regard to its conflict of law principles), and the parties hereby consent to the exclusive jurisdiction of the state or federal courts in the State of Texas to adjudicate any dispute arising under or in connection with this Agreement. Any such dispute shall be brought before the Circuit Court for Smith County, Michigan or the United States District Court for the Eastern District of Texas. The parties expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Builder’s Best to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Builder’s Best in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

Site Policies
Please read through all of the policies posted on our Site. These policies also govern your visit to our Site and are incorporated herein by reference. We reserve the right to change the Site and our policies at any time. If any one of our terms is deemed invalid, void, or unenforceable for any reason, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Updated 11/30/2018