BUILDDIRECT.COM TECHNOLOGIES INC.
The BuildDirect "PRO" Rewards Program Terms
(the "Program Terms")
Welcome to BuildDirect's exclusive "PRO" Rewards Program (the "Program") aimed at recognizing and rewarding BuildDirect's professional contractor customers. As further described in the Program Terms, the rewards you can earn through the Program are credits that can be used towards your future purchases of products from BuildDirect (individually a "Credit" and collectively "Credits"). Credits are calculated based on the total amount of product you purchase from BuildDirect within a calendar year through your BuildDirect Membership Account.
By participating in the Program you signify your acceptance of and agreement to be bound by these Program Terms.
All references to "you" or "your," as applicable, means the person that accesses, uses, and/or participates in the Program in any manner, and the company that the person represents (including any successors and assigns thereof). By participating in the Program (including, without limitation, opening and utilizing a BuildDirect Membership Account (as defined below), and accessing and using www.builddirect.com (the "Site")) you agree to be bound by these Program Terms and all terms incorporated by reference. If you do not agree to these Program Terms, do not participate in the Program.
BuildDirect.com Technologies Inc. ("BuildDirect") reserves the right to change, modify and/or eliminate any of the terms and conditions of the Program and these Program Terms (or incorporated policies or terms) at any time and in its sole discretion. Any changes or modifications will be effective upon posting of the revisions on the Site and providing you electronic notice of such changes to the Program Terms. Your continued use of the Site (as defined below) following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.
The Terms of Sale for the Site are located at: https://www.builddirect.com/Policies#termsOfSale (the "Terms of Sale").
In order to apply for the Program you must be an active commercial business that provides construction services in Canada and/or the continental United States.
For clarity, the following is a non-exhaustive list of parties that are not eligible for application to or participation in the Program:
1.2 Application Process:
In order to apply to the Program your company is required to complete and electronically submit a Program application form (the "Application"). The Application (i) is available on the Site and (ii) may be made available to you from time to time, in BuildDirect's and it's service providers' sole discretion, via www.facebook.com. The Application process may require that you provide the following information:
In submitting an Application you confirm that you are the designated representative of your company authorized to make this Application on behalf of your company and you agree:
The acceptance of your Application is, in any event, subject to BuildDirect's review and approval of the same in its sole discretion. BuildDirect reserves the right to deny you and your company entry into the Program for any reason and on any grounds.
2.3 You agree that you are fully responsible for:
You accept all liability for any and all activities that occur under your BuildDirect Membership Account even if such activities are not specifically authorized by you and your company. You agree to immediately notify us of any unauthorized use of your password or BuildDirect Membership Account or any other breach of security.
3.1 Currently, there are three (3) levels of rewards, in the form of Credits, that you can earn through your participation in the Program. Credits can be earned as follows:
If approved by BuildDirect, a Credit will be added to your BuildDirect Membership Account within one (1) business day from when such Credit is earned. To view the amount and status of your Credit please log on to your BuildDirect Membership Account via the Site.
Your Credit(s) can be applied towards your future purchase(s) made through your BuildDirect Membership Account on the cart check-out page for such purchase on the Site.
3.2 In addition to the other terms and conditions of the Program set out herein, the issuance and use of a Credit is subject to the following:
YOU AGREE THAT BUILDDIRECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR PARTICIPATION IN THIS PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY MODIFICATION OR DISCONTINUANCE THEREOF BY BUILDDIRECT IN ITS SOLE DISCRETION, OR ARISING FROM YOUR APPLICATION TO THE PROGRAM, FROM THE ISSUANCE OR USE OF ANY CREDITS TO YOU, OR ACCESS TO OR USE OF THE SITE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. 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 BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF BUILDDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE).
You agree that BuildDirect, in its sole discretion, may terminate or discontinue your participation in the Program and/or your access to and use of your BuildDirect Membership Account or the Site (or restrict your access to any component thereof) for any reason and at any time without liability, including, without limitation, for lack of use or if BuildDirect determines, in its sole discretion, that you have violated or acted inconsistently with these Program Terms or applicable laws or regulations. You agree that, in the event of any such termination or discontinuance, BuildDirect may immediately deactivate or delete your BuildDirect Membership Account and all related information and files in your BuildDirect Membership Account, void any and all Credits attributable to your BuildDirect Membership Account and/or bar any further access to your BuildDirect Membership Account and/or the Site. Further, you agree that BuildDirect shall not be liable to you or any third party for any termination or restriction of your participation in the Program and/or access to and use of the Site.
By participating in this Program you agree that BuildDirect may provide you notices, and all communications, including with respect to changes and/or updates to these Program Terms, to the email address you provided to BuildDirect at the time you submitted your Application ("Your Contact Information"). You may request changes to Your Contact Information through the submission of a written request to BuildDirect in the prescribed form contained on the Site. Any such changes shall be processed and take effect within fifteen (15) business days from the date of submission to BuildDirect in the prescribed form.
You agree that your continued participation in the Program and/or your continued access to and use of the Site shall be construed as an acknowledgement that all notices and communications provided to you via email by BuildDirect (and, where applicable, posted on the Site) will satisfy any legal requirements that such communications be in writing.
5.3 Entire Agreement:
These Program Terms, together with any related agreements incorporated into or referred to herein, constitute the entire agreement between you and BuildDirect relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the Program, and may not be amended or modified except in writing by BuildDirect upon electronic notice to you and upon the posting of such amendments or modifications on the Site.
5.4 Contacting BuildDirect:
To report any violations of these Program Terms, please contact BuildDirect at:
BuildDirect.com Technologies Inc.
1900-401 W. Georgia St.
V6B 5A1 Canada
Att: Legal Counsel