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General
Builder Inventory,
Inc. operates this Web site and associated Web pages.
Any person accessing or using this site is referred to as “you”.
Acceptance
of Terms
By accessing or using
any part of the Builder Inventory Inc. Web sites or the
services provided on it or other Web sites as set forth below
(collectively, the “Services”),
you agree to accept and comply with the terms, conditions, and
notices stated herein and as may be modified by Builder
Inventory Inc. from time-to-time without notice to you (the
“Terms of Use”). These Terms of
Use constitute a binding contract between Builder Inventory
Inc. and you. You are responsible for regularly reviewing the
Terms of Use. You can review the most current version of the
Terms of Use at any time at the Builder Inventory Inc. Web
sites. If you do not wish to be bound by these Terms of Use,
please do not access or use any part of the Builder Inventory
Inc. Web sites.
Additional terms may
govern use of certain Web sites or Web pages within the
Builder Inventory Inc. Web sites. In the event that any
provision, term or guideline contained on a particular Web
site or Web page in the Builder Inventory Inc. Web sites
conflicts with the Terms of Use, the terms of such Web site or
Web page shall control over the Terms of Use except with
respect to the General Terms set forth below, which shall at
all times control.
General Use of the
Builder Inventory Inc. Web sites
Unless specified
otherwise, Builder Inventory Inc. offers you access to the
Builder Inventory Inc. Web sites solely for your personal and
non-commercial uses. You agree to only access or use the
Builder Inventory Inc. Web sites only for legal purposes that
are permitted by the Terms of Use. Among other things, you
agree not to:
- except with the express written permission of Builder
Inventory Inc., modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create
derivative works from, frame in another Web page, use on
any other Web site, transfer or sell any information,
software, lists of users, databases or other lists,
products or services provided through or obtained from the
Builder Inventory Inc., including without limitation,
engaging in the practices of "screen scraping,"
"database scraping," or any other activity with
the purpose of obtaining lists of users or other
information;
- damage, disable, overburden, or impair the Builder
Inventory Inc. Web sites or interfere with any other
party's use and enjoyment of the Builder Inventory Inc.
Web sites;
- obtain or attempt to obtain any materials or information
through any means not made readily accessible by Builder
Inventory Inc. through the Builder Inventory Inc. Web
sites.
Except with the
express written permission of Builder Inventory Inc., you
agree that you will not access or attempt to access password
protected, secure or non-public areas of the Builder Inventory
Inc. Web sites.
Except with the
express written permission of Builder Inventory Inc., you
agree that you will not create links from any Web site or Web
page to any page within the Builder Inventory Inc. Web sites;
provided however upon prior written notice to Builder
Inventory Inc., you may create a link directly to any of the
Builder Inventory Inc. Web sites home pages. The origin
of any link to any Builder Inventory Inc. Web sites home page
must be accompanied by a clear and prominent attribution
indicating that the link is connected to the Builder Inventory
Inc. Web sites home page. By creating a link to the Builder
Inventory Inc. Web sites, you agree that (a) you will not
employ any technology that results in the placement of content
from the Builder Inventory Inc. Web sites in a frame and/or a
reduced pop-up window and/or any other display mechanism which
changes appearance of the Builder Inventory Inc. Web sites
from how it would appear if a user typed the URL in a typical
browser line, (b) your site shall not display content or link
to other web sites that contain content that is illegal,
obscene, indecent, disparaging, discriminating or otherwise
offensive, (c) you have duly registered your domain name and
possess all rights necessary to use the same, and (d) you
shall not in any manner access, collect, store, disclose,
transfer or use any information obtained or derived from a
user's access to or use of the Builder Inventory Inc. Web
sites. Builder Inventory Inc. reserves the right to revoke
your permission to create such link at any time in its sole
discretion and you agree to immediately cease using the link
at any time that Builder Inventory Inc. so requests.
You agree that Builder
Inventory Inc. may in its sole discretion and at any time
terminate your access to and use of the Builder Inventory Inc.
Web sites, or any part thereof, with or without notice. You
further agree that use of the Builder Inventory Inc. Web sites
and any of its Services shall be immediately terminated if you
violate these Terms of Use. In addition, Builder Inventory
Inc. reserves the right, in its sole discretion, to
modify or discontinue the Services or any portion thereof,
with or without notice, and without liability to you.
The Services provided
through the Builder Inventory Inc. Web sites may also be
located on third party Web sites or applications, via a link,
click-through advertising, or otherwise. Nothing contained in
any of these Services is an offer or promise by Builder
Inventory Inc. to sell a specific product for a specific price
or that any advertiser will sell any product or service for
any purpose or price or on any specific terms. In addition,
Builder Inventory Inc. does not make any representation or
warranty with respect to such third party Services, and is not
responsible for their accuracy, sufficiency, veracity,
completeness, or timeliness. You are responsible for
confirming the sufficiency and reliability of any third party
Services, and you hereby release Builder Inventory Inc. from
any and all claims, demands, liability and damages (actual or
consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed or undisclosed, arising
out of or in any way connected with your use of such Services.
Further, please note that certain of the interactive Services
may be financial or mortgage tools that provide information
and customized information based on user-inputted data. These
tools are for the purpose of performing calculations, and are
not an offer to lend. Interest rates shown are for
demonstration purposes only. Actual market interest rates may
vary.
You acknowledge that
Builder Inventory Inc. is not a real estate broker, mortgage
broker or mortgage lender, and Builder Inventory Inc. does not
aid or assist borrowers in obtaining, solicit borrowers or
lenders for, negotiate or make loans secured by liens on real
property.
Please note that you
may be subject to additional and/or different terms,
conditions, and privacy policies when you use third party
Services, Content (as defined below), software or sites.
Content
Contained in the Builder Inventory Inc. Web sites
The Builder Inventory
Inc. Web sites and all of its contents including, but not
limited to, all information, text, messages, images, photos,
illustrations, designs, icons, video clips, sounds, files,
trademarks, copyrighted material, trade dress, software,
specifications, catalogs, literature, technical information,
advertisements and other content or materials on the Builder
Inventory Inc. Web sites (collectively, “Content”)
is owned by Builder Inventory Inc. Web sites and/or third
parties with all rights reserved unless otherwise noted..
Builder Inventory Inc. grants you a limited license to access
and use the Builder Inventory Inc. Web sites and Content
solely for informational, personal and non-commercial purposes
(including printing individual pages from the Builder
Inventory Inc. Web sites provided that you retain all
copyright and other proprietary notices contained thereon).
You are strictly prohibited from downloading (other than page
caching) modifying, or making any other use of the Builder
Inventory Inc. Web sites or Content, except with express
written consent of Builder Inventory Inc. You understand that
all third party Content posted on, transmitted through, or
linked from the Builder Inventory Inc. Web sites, is the sole
responsibility of the third party originator of such Content.
Content is provided through the Builder Inventory Inc. Web
sites AS IS, and you agree that the use of and reliance on any
Content is at your own risk, and that under no circumstances
shall Builder Inventory Inc. be liable for any Content or for
any loss or damage of any kind incurred as a result of the use
of any Content made available via the Services.
You acknowledge that
Builder Inventory does not screen or approve third-party
Content, and that Builder Inventory Inc. shall have the right
(but not the obligation) in its sole discretion to refuse,
modify, delete or move any Content that is available via the
Builder Inventory Inc. Web sites, for any reason.
Content
You Provide
To the extent that you
post, upload, input, submit or otherwise transmit
(collectively, “Transmit” or “Transmitting”
as appropriate) Content on or through the Builder Inventory
Inc. Web sites, you agree to provide true, accurate and
complete information and to refrain from impersonating or
falsely representing your affiliation with any person or
entity. You are entirely responsible for all Content that you
provide or otherwise make available via the Builder Inventory
Inc. Web sites. You also warrant and represent that you own or
otherwise control all of the rights to such Content including,
without limitation, all the rights necessary for you to
Transmit such Content, and to transfer your or others’
interests in such Content to Builder Inventory Inc. as
provided below.
You promise that you
will not use the Builder Inventory Inc. Web sites to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit
under any law or under contractual relationships;
- such that such posting, uploading, or transmission
constitutes the infringement of any patent, trademark,
trade secret, copyright or other proprietary rights of
any party;
- and materials that contain software viruses or any
other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment; or
- intentionally or unintentionally violate any applicable
local, state, national or international law, or any
regulations having the force of law, including the Civil
Rights Act of 1866, the Fair Housing Act, the Americans
with Disabilities Act, and the Equal Credit Opportunity
Act.
By Transmitting
Content to the Builder Inventory Inc. Web sites, you grant,
and you represent and warrant that you have the right to
grant, to Builder Inventory Inc. an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute the Content and to prepare
derivative works of, or incorporate into other works, the
Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting
Content to any public area of the Builder Inventory Inc. Web
sites, you grant Builder Inventory Inc. all rights necessary
to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on
the Builder Inventory Inc. Web sites by any party for any
purpose.
Builder Inventory Inc.
is committed to maintaining the privacy and security of any
and all such information that you provide to Builder Inventory
Inc. through the Builder Inventory Inc. Web sites in
accordance with its Privacy Policy.
General
Terms
Applicable
Law
This Terms of Use is
governed by the laws of the State of Ohio, U.S.A. without
regard to conflicts of laws principles. You hereby consent to
the exclusive jurisdiction and venue of courts sitting in
Ohio, County of Franklin, in all disputes arising out of or
relating to accessing or using of the Builder Inventory Inc.
Web sites. Access or use of the Builder Inventory Inc. Web
sites is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no
joint venture, partnership, employment, or agency relationship
exists between you and Builder Inventory Inc. as a result of
the Terms of Use or accessing or using the Builder Inventory
Inc. Web sites. Builder Inventory Inc's performance under the
Terms of Use is subject to existing laws and legal process,
and nothing contained in the Terms of Use is in derogation of
Builder Inventory Inc's right to comply with governmental,
court and law enforcement requests or requirements relating to
your access or use of the Builder Inventory Inc. Web sites or
information provided to or gathered by Builder Inventory Inc.
with respect to such use.
Interpretation
of the Terms of Use
If any part of the
Terms of Use is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations contained
herein, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the Terms of Use shall continue in effect. Unless
otherwise specified herein (or in any other definitive written
agreement between you and Builder Inventory Inc.), the Terms
of Use constitutes the entire agreement between you and
Builder Inventory Inc. with respect to the Builder Inventory
Inc. Web sites and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between you and Builder Inventory Inc. with respect
to the Builder Inventory Inc. Web sites a printed version of
the Terms of Use and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to the Terms of Use to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
Disclaimer
of Warranties
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY
AND ALL OF THE BUILDER INVENTORY INC. WEB SITES, SERVICES
AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
BUILDER INVENTORY INC. MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE
APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY,
VALUE, COMPLETENESS, OR TIMELINESS OF THE BUILDER INVENTORY
INC. WEB SITES, SERVICES AND/OR CONTENT. BUILDER INVENTORY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY
AND HOLD BUILDER INVENTORY INC., ITS THIRD-PARTY VENDORS,
CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND
AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE
BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT,
SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE BUILDER
INVENTORY INC. WEB SITES AND/OR BUILDER INVENTORY AND/OR ITS
THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR
AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE
TERMS OF USE.
Limitation
of Liability
IN NO EVENT SHALL
BUILDER INVENTORY INC. BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE BUILDER INVENTORY
INC. WEB SITES, WITH THE DELAY OR INABILITY TO ACCESS OR USE
THE BUILDER INVENTORY INC. WEB SITES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR
OBTAINED THROUGH THE BUILDER INVENTORY INC. WEB SITES, OR
OTHERWISE ARISING OUT OF THE USE OF THE BUILDER INVENTORY INC.
WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BUILDER INVENTORY INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR
CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE
BUILDER INVENTORY INC. WEB SITES, AND ALL OTHER USE OF THE
BUILDER INVENTORY INC. WEB SITES, IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
THEREFROM.
IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE BUILDER INVENTORY INC.
WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUILDER INVENTORY
INC. WEB SITES.
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