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”).
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.
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.
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.
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.
Modification and Termination
Applicable Law, Severability, and Waiver
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.