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Terms Of Use

Last updated March 13th 2015

Welcome to the BuildDirect web site (the "Site"). By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

BuildDirect.com Technologies Inc. ("BuildDirect") reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with BuildDirect for other products or services.

  1. INCORPORATED POLICIES OR TERMS

    1. Privacy Policy. BuildDirect believes strongly in protecting user privacy and providing you notice of BuildDirect's collection and use data, including personal information, collected from the Site. Therefore, BuildDirect has adopted a Privacy Policy that you should refer to fully understand how BuildDirect uses and collects information.
    2. Terms of Sale. All orders placed via the Site are governed by BuildDirect's Terms of Sale. You should refer to our Terms of Sale to learn more about product information, applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in BuildDirect's sole discretion so you should review the Terms of Sale each time you make a purchase.
    3. News Room Terms of Use (User Agreement)
      1. By downloading, copying, reproducing, redistributing, printing, or using material owned by BuildDirect and specifically made available on the BuildDirect website, you signify your acceptance of this User Agreement and agree to all Terms of Use in this User Agreement.
      2. Material (“Material”) means works whether written, graphical, photographical, visual, audio, and any subject matter owned by BuildDirect that appears or has been implemented in the News Room on the BuildDirect.com website.
      3. As is the case with all material on the BuildDirect.com website, material located in the BuildDirect News Room is protected by copyright.
      4. Permission (“Permission”) to use BuildDirect’s News Room material is granted conditionally as set out in the News Room Conditions of Use.
      5. Nothing in the granting of this Permission constitutes an irrevocable privilege or right on the part of the user.
      6. BuildDirect reserves the right to revoke permission to use any of its copyrighted materials in the event that BuildDirect determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the conditions of use.
      7. The user of the copyrighted material upon notice from BuildDirect shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay.
  2. MEMBERSHIP ACCOUNT OBLIGATIONS

    After you have accepted these Terms of Use, you may open a membership account under the Membership section of the Site (the "Membership Account"). As part of the membership registration, the person who opens the Membership Account on the Site (the "Administrator") may choose to provide to us the information of other users who are authorized to perform certain functions on the Administrator's behalf through the Membership Account ("Authorized Users"). The Administrator shall specifically select which functions each Authorized User has the authority to perform via the Site.

    Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.

    You will receive a password and account designation when you have completed the Membership Account information. If you are the Administrator of your Membership Account, in consideration of your use of the Site, you agree:

    1. to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;
    2. that you represent and warrant that you have the capacity and authority to execute agreements and place orders for BuildDirect products and services on behalf of you or your company;
    3. that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
    4. that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
    5. that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Membership Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorised by you;
    6. to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
    7. that you are fully responsible for managing your Membership Account, including but not limited to:
      1. maintaining the confidentiality of passwords and/or any Membership Account information;
      2. maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
      3. ensuring that any Authorized User has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and
      4. terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.

    If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Membership Account and refuse any and all current and future use of the Site by you. Membership Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.

  3. OWNERSHIP OF TECHNOLOGY

    BuildDirect has developed an automated global shipment software that provides buyers with "real-time" on-line quotes for various modes of travel, shipment scheduling and instantaneous calculations on all transportation costs from manufacturing distribution points to chosen destinations (the "Technology"). You acknowledge that BuildDirect owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping in the global building industry. All content included on this Site is the property of BuildDirect, and/or its various third party providers and distributors and is protected under the intellectual property laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of BuildDirect and/or its third party providers and distributors.

  4. COPYRIGHT

    All copyrighted and copyrightable materials on this Site, including, without limitation, the BuildDirect logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are the property of BuildDirect, ALL RIGHTS RESERVED Copyright © 1999 BuildDirect, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of BuildDirect or the respective copyright owner. All other rights not explicitly granted to you in these Terms of Use are reserved and retained by BuildDirect.

    BuildDirect respects the intellectual property of others. If you believe BuildDirect is in violation of copyright infringement please contact us at the address below. We will respond expeditiously to concerns in relation to copyright infringements.

    Copyright Agent
    Legal Department
    BuildDirect.com Technologies Inc.
    2200 401 West Georgia
    Vancouver
    V6B 5A1 Canada

  5. TRADEMARKS AND SERVICE MARKS

    BuildDirect, the BuildDirect logo, and the products and services described in this Site, including without limitation, "BuildDirect", are either trademarks, service marks or registered trademarks of BuildDirect, its subsidiaries and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BuildDirect or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BuildDirect, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BuildDirect. All other trademarks, registered trademarks, product names and BuildDirect names or logos mentioned herein are the property of their respective owners.

  6. USE OF SITE

    BuildDirect grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BuildDirect or any third party.

    This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of BuildDirect, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of BuildDirect or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

    You may not use, frame or utilize framing techniques to enclose any BuildDirect trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without BuildDirect's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an BuildDirect name, trademark, or product name without BuildDirect's express written consent.

  7. SUBMISSIONS ON BUILDDIRECT.COM

    Site users may wish to post submissions in the form of reviews, comments, photos, submit suggestions, ideas, questions, or other similar information. BuildDirect welcomes this on the basis that the content is not illegal, obscene, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of spam. BuildDirect reserves the right (but not the obligation) to remove such content regarding claims without foundations or verifications, but does not review this content regularly. If you do post material you grant BuildDirect an irrevocable, perpetual, worldwide, royalty-free, license to publish, reproduce and distribute such content throughout the BuildDirect website. You further release BuildDirect from any and all liability, claims or damages arising out of or relating to your submission.

    Unless otherwise explicitly stated herein or in BuildDirect’s Privacy Policy submissions shall be considered non-confidential and BuildDirect is under no obligation to treat such Submissions as proprietary information except pursuant to BuildDirect’s Privacy Policy applicable to personally identifiable information.

  8. AGE AND RESPONSIBILITY

    BuildDirect.com is not created for children or persons who are under 18 years of age. By purchasing products from us or providing us with information using this website you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

  9. TERMINATION

    You agree that BuildDirect, in its sole discretion, may terminate your or any Authorized User's password, account or use of the Site, or restrict your or any Authorized User's access to any component of this Site, for any reason, including without limitation, for lack of use or if BuildDirect believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. BuildDirect may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that BuildDirect may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that BuildDirect shall not be liable to you or any third party for any termination or restriction of access to the Site.

  10. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY BUILDDIRECT TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. BUILDDIRECT MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE BUILDDIRECT SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.

    BUILDDIRECT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

  11. LIMITATION OF LIABILITY

    YOU AGREE THAT BUILDDIRECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUILDDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUILDDIRECT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED CAD$100.00 OR THE COMPENSATION YOU PAID BUILDDIRECT, WHICHEVER IS LESS.

    Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

  12. INDEMNIFICATION

    You shall indemnify, defend and hold harmless BuildDirect and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users' use of this Site, including but not limited any violation by you or any Authorised User of the Terms of Use. BuildDirect reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

  13. LINKS

    This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by BuildDirect of the linked web site or information contained therein. BuildDirect shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

  14. RELATIONSHIP

    The relationship between BuildDirect and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.

  15. GOVERNING LAW AND DISPUTES

    These Terms of Use and the relationship between you and BuildDirect will be governed by the laws of the Province of British Columbia and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute or claim relating in any way to your use of BuildDirect.com will be resolved by binding arbitration, rather than in court, except that if the claim is eligible you may assert claims in small claims court in Vancouver, British Columbia, Canada. In the case of arbitration, the place of arbitration shall be Vancouver, British Columbia and the language of the arbitration shall be English. The decisions of the arbitrator shall be binding and conclusive upon all parties involved.

  16. ASSIGNMENT

    You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

  17. SEVERABILITY

    These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  18. HEADINGS

    The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

  19. ENTIRE AGREEMENT

    These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

We welcome any feedback, questions or comments you have about the Site or its contents. Please contact us at customerservice@builddirect.com.