Terms & Conditions
- ACCEPTANCE OF TERMS
Your use of the
Building Material Outlet Sale website, including www.electraforges.com and any
affiliated sites (the "Site"), tools, services, Content (as defined
below) and/or products, including your shopping on the Site (referred to
collectively as the "Services") is subject tothis Terms of Use
Agreement (this "TOU Agreement"). BY ACCESSING, BROWSING, AND/OR
USING THE SERVICES (referred to as "Use" or "Using" the
Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE
BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THESERVICES. IF YOU DO NOT
WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.
- REVISIONS TO THE TOU AGREEMENT
Building Material
Outlet Sale may revise this TOU Agreement in its sole discretion. Each time
changes are made to this TOU Agreement, a revised TOU Agreement will be posted
on theBuilding Material Outlet Sale home tool. If you continue to Use the
Services following the posting of a revised TOU Agreement, it will constitute
your acceptance of any such changesand of the revised TOU Agreement. The most
current version of this TOU Agreement will always be made available by us here.
Please check this tool from time to time to viewthe most current TOU Agreement.
- INTELLECTUAL PROPERTY RIGHTS
The Services and
all text, graphics, logos, button icons, images, audio, video, databases,
design, codes, and software ("Content") are intended for your
personal use.Building Material Outlet Sale is the owner of the compilation of
Content that is posted on the Site. However, Building Material Outlet Sale may
not necessarily own each component of the compilation.The Content that Building
Material Outlet Sale makes available on the Site may be owned by Building
Material Outlet Sale, owned by others and used with their permission (such as
user-generated content),or used in accordance with applicable law. Some Content
may be in the public domain and some Content may be protected by third-party
rights, such as copyright, trademark,rights of publicity, privacy, and
contractual restrictions. Building Material Outlet Sale endeavors to provide
information that it possesses about the copyright status of the Contentand to
identify any other terms and conditions that may apply to use of the Content
(such as trademark, rights of privacy or publicity, use restrictions, etc.);
however,Building Material Outlet Sale can offer no guarantee or assurance that
all pertinent information is provided or that the information is correct in
each circumstance. It is your responsibilityto determine what permission(s) you
need in order to use the Content and, if necessary, to obtain such permission.
If you have specific questions or information about Contenton the Site, please
contact us using the Contact Us form.All software used on the Services is the
property of Building Material Outlet Sale or our licensors and protected by
United States andinternational copyright laws. Subject to the terms of this TOU
Agreement, Building Material Outlet Sale hereby grants you a limited,
non-exclusive, non-sublicensable, non-assignablelicense to Use the Services for
your personal use only. This license does not include any: (i) resale or
commercial use of the Site or its Content; (ii) any collectionand use of any
product listings, descriptions, or prices; (iii) any derivative use of the Site
or its Content; (iv) any downloading or copying of account information forthe
benefit of another merchant; or (v) any use of data mining, robots, or similar
data gathering and extraction tools. You may not attempt to discover any source
code,modify, publish, adapt, transmit, participate in the transfer or sale of,
exhibit, distribute, display, reverse engineer, decompile, dissemble, perform,
reproduce,create derivative works from, or in any way exploit any of the
Services, in whole or in part. Downloading or copying Services (including the
Content) for other thanpersonal use is expressly prohibited without the prior
written permission of Building Material Outlet Sale or any other copyright
owner. You acknowledge that you do not acquire any ownershiprights by
accessing, downloading, or copying any of the Services (which includes the
Content), nor may you frame or utilize framing techniques to enclose any
trademark,logo, or copyrighted material from the Services or use any meta tags
or any other hidden text utilizing our names or trademarks, without the express
written consent ofBuilding Material Outlet Sale. All rights not expressly
granted herein are reserved.
- YOUR ACCOUNT
If you create an
account on the Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer.You
accept responsibility for all activities that occur under your account or
password. Building Material Outlet Sale may sell products made for children,
but it is Building Material Outlet Sale sintention to only sell such products
to adults. It is Building Material Outlet Sale s intention to never collect or
maintain information from children at the Site unless the disclosureof such
information is done with verifiable parental or guardian consent.
- HARDWARE OUTLET SALE PRIVACY POLICY
Our Privacy Policy
governs the collection and use of certain information that will be obtained by
us as you use the Services. Please review our Privacy Policy before you usethe
Services.
- AUTOMATED QUERIES ARE NOT ALLOWED
Automated queries
may never be sent by you to our Services unless Building Material Outlet Sale
has provided you with express written permission. Sending automated queries includes,among other things:
- using any software that sends queries to our
Site to determine how a Website or Webtool ranks for various queries;
- "meta searching"; and
- performing "offline" searches on the
Site.
- SERVICES MATERIALS
You acknowledge
that all Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from whom such Content originated.Building
Material Outlet Sale is not responsible for any Content that you upload,
download, post, email, transmit or otherwise make available or access via the
Services.Building Material Outlet Sale may not control the Content posted or
collected via the Services. Building Material Outlet Sale does not guarantee
the accuracy, integrity, or quality of suchContent, nor does Building Material
Outlet Sale guarantee that the products, Content, and/or Services will meet
your requirements or that the use of the Services will be uninterruptedor error
free. Building Material Outlet Sale is never liable for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or
damage of any kindincurred as a result of the use of any Content posted,
emailed, transmitted, or otherwise made available via the Services. It is your
responsibility to ensure that anydata or information submitted to Building
Material Outlet Sale to receive Services is true and accurate, and is kept
up-to-date, including, without limitation, contact information andpayment card
number and associated information. Your use of any Content is at your own risk,
including any reliance on the accuracy, completeness, or usefulness of the
Content.You agree to:
- only Use (or attempt to Use) the Services
through interfaces provided by Building Material Outlet Sale;
- comply with the instructions in any robots.txt
file present on the Services;
- provide all equipment that is necessary to
access the Services;
- protect the security of the password that you
use to access the Services and immediately notify Building Material
Outlet Sale through our Contact Us form if you believe or have reasonto
believe that such security has been breached;
You agree to not
use the Services to:
- engage in activity that is in violation of this
TOU Agreement or is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,invasive of another s
privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm or threaten to harm users in any manner;
- harm or threaten to harm minors in any manner;
- stalk or harass any person or entity;
- impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Services;
- infringe any patent, trademark, trade secret,
copyright, or other proprietary rights of any party;
- engage in activity that may interrupt, destroy,
or limit the functionality of the Services or of any computer software or
hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or act in a
manner that negatively affects other users ability to engage in real time
exchanges;
- interfere with or disrupt the Services or
servers or networks connected to the Services, or disobey any
requirements, procedures, policies, or regulations of networksconnected
to the Service;
- intentionally or unintentionally violate any
applicable local, state, national, or international law and any
regulations having the force of law;
- use the Services to advertise or perform any
commercial solicitation;
- provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of
material support or resources) to any organization(s)designated by the
United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users
in connection with the prohibited conduct and activities set forth in the
above paragraphs.
You acknowledge
that Building Material Outlet Sale does not warrant or guarantee that any
product descriptions or other Content on the Site is accurate, complete,
reliable, current, orerror-free. In the event a product is listed at an
incorrect price or with incorrect information due to any error, including a
typographical error or error in pricing or productinformation received from
Building Material Outlet Sale s suppliers, Building Material Outlet Sale has
the right to refuse or cancel any orders placed for products listed at the
incorrect price.Building Material Outlet Sale has the right to refuse or cancel
any such orders whether or not the order has been confirmed and your credit
card has been charged. If your credit card hasalready been charged for the
purchase and your order is cancelled, Building Material Outlet Sale shall issue
a credit to your credit card account in the amount of the charge as soon
asreasonably possible. If you are not completely satisfied with your purchase,
you may return or exchange it as described in Building Material Outlet Sale's
Return and Exchange Policy.You acknowledge, consent and agree that Building
Material Outlet Sale may access, preserve and disclose your account or user
information (if such information exists) as described in thePrivacy Policy or
if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to: (a) comply with legal
process;(b) enforce this TOU Agreement; (c) respond to claims that any of your
acts violate the rights of third parties; (d) respond to your requests for
customer service; or(e) protect the rights, property or personal safety of
Building Material Outlet Sale, its users and the public.
All items purchased through Building Material Outlet Sale are made pursuant to
a shipment contract. The risk of loss and title for such items pass to you upon
Building Material Outlet Sale's tenderof the item to the carrier.
- INTERNATIONAL USE.Recognizing the extensive nature
of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree tocomply with all
applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
- INDEMNITY.You agree to indemnify and hold Building
Material Outlet Sale and its affiliates, subsidiaries, officers,
stockholders, agents, employees, partners, and licensors harmlessfrom any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you access, submit, post, transmit,
orotherwise make available through the Services, your Use or misuse of the
Services, your connection to the Services, your violation of this TOU
Agreement, or yourviolation of any rights of another.
- NO RESALE OF SERVICES.You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Services, unless expressly permitted
andauthorized by Building Material Outlet Sale in a separate agreement
between you and Building Material Outlet Sale.
- MODIFICATIONS TO SERVICE.Building Material Outlet
Sale may modify, refuse to make available, remove, or discontinue,
temporarily or permanently, the Services (or any part thereof) and/or delete
any Content,data, materials or information stored on the Site or in the
Services at any time with or without notice in Building Material Outlet
Sale's sole discretion. You agree that Building Material Outlet Sale shall
not be liable to you or to any third party for any such deletion,
modification, suspension or discontinuance of the Services or Content.
- TERMINATION.You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any
portion of the Services, unless expressly permitted andauthorized by
Building Material Outlet Sale in a separate agreement between you and
Building Material Outlet Sale.
- ADVERTISERS.Your correspondence or business dealings
with, or participation in promotions of, advertisers and/or companies
found on or through the Services, including payment anddelivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
suchadvertiser and/or company. You agree that Building Material Outlet
Sale shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealingsor as the result of the
presence of such advertisers and/or companies on the Services.
- LINKS.The Services may provide, or third parties may
provide, links to other World Wide Web sites or resources. You acknowledge
and agree that Building Material Outlet Sale is not responsiblefor the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products or
other materialson or available from such sites or resources. You further
acknowledge and agree that Building Material Outlet Sale shall not be
responsible or liable, directly or indirectly, for anydamage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
siteor resource.