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BuildDirect.com Technologies Inc.
Last updated September 18, 2023
BuildDirect.com Technologies Inc. ("BuildDirect") reserves the right to change or modify any of the terms and conditions contained in the Terms
1.2 Terms of Sale. All orders placed via the Site are governed by BuildDirect's Terms of Sale located at https://www.builddirect.com/pages/terms-of-sale (the "Terms of Sale"). You should refer to our Terms of Sale to learn more about product and pricing information, applicable product warranties, shipping terms, delivery options and our return policy amongst other terms that govern your purchase of goods from the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including but not limited to all conditions, 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 without liability so you should review the Terms of Sale each time you make a purchase.
1.4.2 Accredited news journalists pre-approved, in writing, by BuildDirect ("Accredited Media") may use the Materials in the Newsroom for editorial purposes only. Personal or commercial use of such Materials is strictly prohibited. BuildDirect also reserves the right to determine, in its sole discretion, its criteria for approval of Accredited Media. BuildDirect requires that anyone seeking approval as Accredited Media provide personal and/or business contact information as part of the approval process.
1.4.3 You acknowledge the unauthorized use of the Materials in the Newsroom could cause irreparable harm to BuildDirect. If you are Accredited Media, you will indemnify, defend and hold harmless BuildDirect for any and all unauthorized uses you may make of any such Materials on the Site and that in the event of such unauthorized use, BuildDirect shall be entitled to an injunction in addition to any other remedies available at law or in equity.
2. MEMBERSHIP ACCOUNTS:
2.1 As part of your use of the Site, you may be permitted by BuildDirect to open a membership account under the Account Creation tab of the Site (the "Membership Account).
2.3 As part of the creation of your Membership Account you will be asked to create single user login credentials with a username and password.
2.4 In consideration of your use of the Site, you agree on your own behalf and, on behalf of your company, where applicable:
2.4.1 to provide true, accurate, current and complete information about yourself and/or the company that you represent;
2.4.2 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;
2.4.3 that an order placed by you 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;
2.4.4 that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
2.4.5 that you are fully responsible for all activities that occur under your password or Membership Account, and you and your company accept all liability for any acts or omissions by you arising out of the use of your Membership Account, even if such acts or omissions are not specifically authorised by you and your company;
2.4.6 to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
2.4.7 that you are fully responsible for managing your Membership Account, including but not limited to:
188.8.131.52 maintaining the confidentiality of passwords and/or any Membership Account information;
184.108.40.206 maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
The Site offers you a variety of products and services to assist you in making legitimate orders and purchases of goods from the Site which services include but are not necessarily limited to the BuildDirect "Design Center" (which provides you the opportunity to utilize BuildDirect's proprietary architectural design software that allows for room design, fixture configuration, colour matching and 30 image display among other things), and BuildDirect's proprietary shipping and logistics technology (which provides "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) (collectively 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 shopping destination for the global building industry. All content included on this Site, including but not limited to the Technology, is the property of BuildDirect, and/or its various third party licensors, service providers and sellers and is protected under the intellectual property laws of Canada and other countries.
All copyrighted and copyrightable materials on this Site, including, without limitation, the BuildDirect design, text, graphics, pictures, and other files, and the selection and arrangement ("Copyright Materials") thereof are the property of BuildDirect, ALL RIGHTS RESERVED Copyright© 1999 - 2023 BuildDirect.com Technologies, Inc. and/or its licensors.
The BuildDirect work mark, the BuildDirect logo, product brands and associated logos and all other content, products and services available through and described in this Site, including without limitation, all page headers, custom graphics, displays, graphs, icons, scripts and other components of the Site "BuildDirect", are either trademarks, service marks registered trademarks and/or trade dress of BuildDirect, its subsidiaries and its suppliers and licensors or other their respective owners (collectively the "Trademark Materials").
4.5 BuildDirect respects the intellectual property of others. If you believe BuildDirect is in violation of copyright or trademark please contact us at the following address. We will respond promptly to any legitimate concerns or complaints:
BuildDirect.com Technologies Inc.
090-200 Granville Street
Vancouver, BC V6C 1S4
Att: Legal Department
5.1 BuildDirect grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases through the Site and shall not use this Site, the Materials, the Technology nor any other content of any kind on the Site for any other purposes, including without limitation, (a) for any resale or commercial use of the Site and/or the Technology or content therein; (b) for the collection and use of any product listings or descriptions; (c) for making derivative uses of the Site, the Materials and/or the Technology; or (d) in conjunction with the use of any data mining, robots, or similar data gathering and extraction methods; or (d) to make any speculative, false or fraudulent orders or any order in anticipation of demand. 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.
5.2 This Site and the contents 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 print the materials presented on this Site for the licensed purposes only and provided that, you may not, without the permission of BuildDirect or the respective copyright owner, (a) copy, publish, or post any content on the Site on any web site, computer network or broadcast or publications media (except as expressly permitted herein), (b) modify any content on the Site , and (c) remove or alter any copyright, trademark and other proprietary notices contained on the Site (d) 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) or (e) use any meta tags or any other "hidden text" utilizing an BuildDirect name, trademark, or product name. Unauthorized use of this Site and/or any content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
6.1 You may wish to:
6.1.1 post submissions on the Site or through channels specifically designated by BuildDirect from the time-to-time which submissions may include reviews, comments, photos, suggestions, ideas, questions, or other similar information; and/or
(collectively referred to hereinafter as "User Generated Content").
6.2 BuildDirect welcomes User Generated Content in the permitted forms and through the designated channels of the Site on the basis that the User Generated 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 any User Generated Content, or portion thereof, regarding claims without foundations or verifications, but does not review User Generated Content regularly.
BuildDirect.com is not created for children or persons who are under 18 years of age. By purchasing products from BuildDirect or providing BuildDirect with information when using this Site (including but not limited to User Generated Content) 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 Membership Account login information.
YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON, INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY AND THE MATERIALS, ARE PROVIDED ON AN "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, THE TECHNOLOGY OR MATERIALS, OR ANY OTHER CONTENT OF ANY KIND CONTAINED IN OR GENERATED BY OR THROUGH THE SITE.
THE SITE AND ALL CONTENT THEREON, INCLUDING BUT NOT LIMITED TO ALL TECHNOLOGY AND MATERIALS, PROVIDED BY BUILDDIRECT AND/OR MADE AVAILABLE TO YOU THROUGH THE SITE ARE NOT INTENDED TO SERVE AS OR SUBSTITUTE FOR BUSINESS, FINANCIAL, LEGAL ADVICE OR ANY OTHER PROFESSIONAL ADVICE OF ANY KIND, NOR SERVE AS A GUARANTEE OF ANY PARTICULAR OUTCOME OR FUTURE RETURN FOR YOU AND/OR YOUR COMPANY. BEFORE MAKING ANY DECISION WITH RESPECT TO YOU AND/OR YOUR COMPANY YOU SHOULD CONSIDER YOUR PARTICULAR OBJECTIVES AND FINANCIAL SITUATION AND NEEDS AND CONSULT WITH ALL APPROPRIATE PROFESSIONAL ADVISORS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY BUILDDIRECT TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE.
BUILDDIRECT RESERVERS ALL RIGHTS TO WITHDRAW OR DELETE ANY INFORMATION, CONTENT OR FUNCTIONALITY FROM THE SITE AT ANY TIME WITHOUT NOTICE TO YOU IN BUILDDIRECT'S SOLE DISCRETION AND WITHOUT LIABILITY TO BUILDDIRECT.
BUILDDIRECT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY OR THE MATERIALS OR YOUR USE OF ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, QUALITY, 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. FURTHER TO THE ABOVE BUILDDIRECT DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF BUILDDIRECT'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY BUILDIDRECT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
YOU AGREE THAT BUILDDIRECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION OF, CONTENT IN OR PRODUCT OF (INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY, THE MATERIALS AND ANY USER GENERATED CONTENT), MODIFICATION OF, OR DISCONTINUANCE OF THE SITE BY BUILDDIRECT IN ITS SOLE DISCRETION, OR ARISING FROM 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).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUILDDIRECT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (CON $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.
233) and subject to the exclusive jurisdiction of the laws of the province of British Columbia and, where applicable, Canada. The place of the arbitration will be Vancouver, British Columbia and the language of the arbitration will be English. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
We welcome any feedback, questions or comments you have about the Site or its contents. Please contact us at email@example.com.
BuildDirect.com Technologies Inc.
090-200 Granville Street
Vancouver, BC V6C 1S4
Att: Customer Service