IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OR AS THE REPRESENTATIVE OF A BUSINESS OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF SUCH ORGANIZATION AND YOURSELF, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement refer to both the person using this Site and any organization on whose behalf the person is acting.
4. SUBMITTING QUOTE REQUESTS OR ORDER REQUESTS ONLINE
Orders cannot be placed on this Site. The Companies may provide a form on this Site you can use to submit a request for a quote or an order by providing your company name, your name and contact information, job location information, type and quantity of materials or products, requested delivery date, and other information about your request. If you submit a request for a quote or order using a form on the Site, our plant or product team will respond by contacting you directly about obtaining an approved quote or order. Please note that the information on the Site about products and services, including description and availability, is subject to change at any time.
5. SALE OF PRODUCTS AND SERVICES
ALL SALES OF PRODUCTS AND SERVICES BY THE COMPANIES ARE EXPRESSLY CONDITIONED ON BUYER’S ACCEPTANCE OF THE TERMS OF ANY QUOTE ISSUED BY THE COMPANIES AND AVAILABLE FROM THE COMPANIES UPON REQUEST. SUCH TERMS AND CONDITIONS OF SALE SHALL SUPERSEDE ANY CONFLICTING OR ADDITIONAL TERMS CONTAINED IN ANY DOCUMENTS ISSUED BY YOU. THE COMPANIES’ TERMS AND CONDITIONS OF SALE MAY ONLY BE MODIFIED BY A WRITTEN DOCUMENT EXECUTED BY THE COMPANIES.
6. PRIVACY NOTICE ABOUT PERSONAL INFORMATION COLLECTED ON THE SITE
When you use the Site, you may choose to voluntarily provide your contact and business relationship information for the limited purposes of (1) asking us to contact you about a project, (2) submitting a request for a quote or order, or (3) applying for a job with the Companies.
Depending on the purpose, we may collect the following information (“Collected Information”):
When you submit Collected Information (except job application information) to the Companies, you will be authorizing us to send you marketing or promotional communications by mail, e-mail, text message, or push notification. At any time, you may direct us to stop sending you marketing messages by using the “unsubscribe” feature provided in our e-mail messages or by texting “STOP.” Please note that it may take several days to process your request and you may continue to receive the messages until the processing is complete (up to ten days for emails and seven days for text messages).
The Companies will use your information only for the purpose for which you provided it. We do not sell Collected Information to third parties, and we do not sell or disclose data collected on our Site for targeted personalized advertising.
7. LINKS TO THIRD-PARTY WEBSITES
Our online applications for employment and independent contractor positions are operated by third-party service providers that receive and process application information. These third-party providers are expected to handle the personal information of applicants appropriately. We recommend that you review their privacy policies before submitting your application information. This Site may also contain links to third-party websites not under our control or operation. The Companies do not endorse and are not responsible for or have control over how your information is used by the operators of third-party websites, the contents of any linked site or any link contained within a linked site. Your use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
8. SITE OWNERSHIP AND LIMITED RIGHT TO USE SITE CONTENT
9. PROHIBITED USES OF THE SITE
By using this Site, you certify that you are 18 years of age or older. If you are a resident of a state that imposes additional or different age requirement for entering into an enforceable contract, you hereby represent that your use of the Site, any information you provide to us, and our use of such information, does not violate the applicable laws or regulations of your state of residence.
11. YOUR COMPLIANCE WITH LAWS AND REGULATIONS
14. DISCLAIMER OF WARRANTIES
YOU USE THE SITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. THE COMPANIES PROVIDE THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE ON OR BY MEANS OF THE SITE OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, THE COMPANIES DO NOT WARRANT THAT THE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND GIVE NOTICE THAT IT IS POSSIBLE THAT THE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANIES, THEIR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, REQUEST SUBMISSION FORMS AND EXPERIENCES PROVIDED THROUGH THE SITE. THE COMPANIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF THE COMPANIES HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY THE COMPANIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, THE COMPANIES’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
17. AVAILABILITY OF SERVICES
The Site may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of the Site, including certain features and the support for certain devices and platforms, at any time.
You acknowledge and agree that The Companies are not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.
19. GOVERNING LAW AND JURISDICTION
20. GEOGRAPHIC RESTRICTION
The Companies are based in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.