Ends in Days Hours Minutes Seconds
Last updated September 18, 2018
Welcome to the BuildDirect Home Marketplace (the "Site"). By accessing and using this Site, you signify your acceptance of and agreement to be bound by these Terms of Use. PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.
All references to “you” or “your”, as applicable, means the person and/or the company the person represents (including any successors and assigns thereof) that access, uses and/or participates in the Site in any manner. By accessing and using the Site and/or opening a Membership Account (as defined below) you hereby confirm that you have all necessary and legal authority to bind the company you represent. Your acceptance of these Terms of Use will be deemed acceptance by your company of these Terms of Use.
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 without liability. Any changes or modification will be effective upon posting of the revisions to the Site. Your continued use of this Site following the posting of any changes or modifications to the Site or these Terms of Use will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies to understand the terms and conditions that apply to your access to and 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 including but not necessarily limited to the Terms of Sale (as defined herein).
BuildDirect has developed a Home Marketplace that 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 3D 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 - 2016 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”).
BuildDirect.com Technologies Inc.
1900-401 W. Georgia St.
Vancouver, British Columbia, Canada
V6B 5A1
Att: Legal Department
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 agree that BuildDirect, in its sole discretion, may terminate your Membership Account password, account or your access to or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if BuildDirect believes that you have violated or acted inconsistently with the Terms of Use or any 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 your access to or use of the Site under any provision of the Terms of Use may be effected without notice, and you 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.
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.
ANY CONTENT OR INFORMATION PROVIDED IN THE FAQ SECTION OF THE SITE IS PROVIDED FOR YOUR CONVENIENCE ONLY AND MAY NOT REFLECT ALL UPDATES MADE TO ANY BINDING TERMS OF USES OR TERMS OF SALE FOR THE SITE.
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 (CDN $100.00) OR THE COMPENSATION YOU PAID BUILDDIRECT, WHICHEVER IS LESS.
THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY BUILDDIRECT. BUILDDIRECT ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES. BUILDDIRECT PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY BUILDDIRECT OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN. BY USING THE SITE, YOU EXPRESSLY RELIEVE BUILDDIRECT FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD PARTY WEBSITES. ACCORDINGLY, WE ENCOURAGE YOU TO READ THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE SITE.
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.
You shall indemnify, defend and hold harmless BuildDirect, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, 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 or by any third parties arising from or in connection with (i) your use of or access to the Site, including but not limited any violation by you of the Terms of Use (ii) any violation by you of any third party right (including but not limited to any intellectual property or privacy right of any party) and (iii) User Generated Content. 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. Your indemnification obligations survive any termination under Section 8 of these Terms of Use.
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 your access to or use of this Site.
These Terms of Use and the relationship between you and BuildDirect will be governed by the laws of the Province of British Columbia and, to the extent applicable, Canada without regard to any conflict of law provisions. All disputes arising out of or in connection with these Terms of Use and your use and access to the Site shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the British Columbia Arbitration Act, R.S.B.C. 1996, c. 55, as amended (and, to the extent applicable, the International Commercial Arbitration Act R.S.B.C. 1996 c. 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.
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.
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
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.
OR
BuildDirect.com Technologies Inc.
1900-401 W. Georgia St.
Vancouver, British Columbia, Canada
V6B 5A1
Att: Customer Service