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Terms & Conditions
- Electronic Communications
- License and Site Access
- Your Account
- Reviews, Comments, Communications, and Other Content
- Risk of Loss
- Order Acceptance
- Quantity Limits and Dealer Sales
- Product Descriptions
- Disclaimer of Warranties and Limitation of Liability
- Limitation of Liability
- Applicable Law
- Site Policies, Modification, and Severability
Welcome to Build.com. This site is provided by Build.com, Inc. (referred to throughout this document as "Build.com") as a service to our customers subject to the following conditions. Please note that your use of this and any of our site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms.
Please review our Security & Privacy Notice, which also governs your visit to Build.com sites, to understand our practices.
When you visit Build.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Build.com, Inc. or its content suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of Build.com and protected by U.S. and international copyright laws. All software used on this site is the property of Build.com or its software suppliers and protected by United States and international copyright laws.
BUILD.COM, FAUCETDIRECT.COM, LIGHTINGDIRECT.COM, HANDLESETS.COM, VENTINGDIRECT.COM, VENTINGPIPE.COM, PULLSDIRECT.COM, FAUCET.COM, LIGHTINGSHOWPLACE.COM, FLOORMALL.COM, and other Build.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Build.com in the U.S. and/or other countries. Build.com's trademarks and trade dress may not be used in connection with any product or service that is not Build.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Build.com. All other trademarks not owned by Build.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Build.com.
License and Site Access
Build.com, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Build.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Build.com.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Build.com, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Build.com, Inc.'s name or trademarks without the express written consent of Build.com. You may not use any direct linking or source-calling of any media presented on this web site.
Any unauthorized use terminates the permission or license granted by Build.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Build.com so long as the link does not portray Build.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Build.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are under 18, you may use Build.com only with consent of a parent or guardian. Build.com and its Network Stores reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other User Content
If you do post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Build.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
By placing material on Build.com, Inc. Network web sites, including but not limited to posting content or communications to any Build.com, Inc. bulletin board, forum, blogspace, message or chat area, review space, or posting text, images, audio files or other audio-visual content to the site (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service and, (2) the User Content will not cause injury to any person or entity.
For all User Content you post, upload or otherwise make available (“Provide”) to Build.com Network web sites, you grant Build.com, Inc. (“Build”), its affiliates and related entities, including the Build.com Netowrk site the content was submitted to and its affiliated sites a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store and create derivative works from such User Content, in any form, format, or medium of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Build to share the User Content across all web sites, advertisements, media and other medium, affiliated with Build, to include the User Content in a searchable format accessible by users of Build.com Network web sites, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to Build.com Network web sites. You also grant Build the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You grant Build.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Build.com for all claims resulting from content you supply. Build.com has the right but not the obligation to monitor and edit or remove any activity or content. Build.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Build.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event that an item is mispriced, Build.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Shipping Policies" section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.
Quantity Limits and Dealer Sales
Build.com reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Build.com also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact our Sales Team.
Build.com attempts to be as accurate as possible. However, Build.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.
We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.
Disclaimer of Indian or Native American Origin or Manufacture
No product sold on this website, or by any of the Build.com stores, is Indian produced, an Indian product, or the product of a particular Indian, Indian tribe, or Indian arts and crafts organization, resident in the United States or abroad.
You agree to defend, indemnify and hold Build.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY BUILD.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUILD.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE site OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS site. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUILD.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BUILD.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BUILD.COM WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Whereas, From time to time, Seller may provide certain products that cannot be resold as new (“Items”). Items include samples given to Contractor for review of said Items. In consideration for receipt of such Items, and other good and valuable consideration, the sufficient of which is hereby acknowledged, the Contractor agrees as follows: NO RETURN: Such Items are offered free of charge and cannot be returned for refund, credit or otherwise. WARRANTY: Given the nature of these items, Seller provides them "AS IS", WHERE IT IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER HAVE LIABILITY. LABOR ALLOWANCE: Seller makes NO ADDITIONAL ALLOWANCE FOR THE LABOR, SHIPPING OR OTHER EXPENSE INCURRED BY CONTRACTOR IN RETURNING, REPAIRING OR REPLACING THE DEFECTIVE ITEMS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. RELEASE: Contractor hereby waives, releases and discharges Seller, its corporate affiliates and their officers, directors, employees and related parties, from any and all claims, actions, causes of action, demands, damages and liability of whatever nature, known or unknown, in connection with or arising from sale or use of Items hereunder. INDEMNITY: Furthermore, Contractor agrees to defend, indemnify and hold Seller harmless from any and all claims, actions, causes of action, demands, damages and liabilities of whatever type as a result of the use of the Items(s).
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BUILD.COM OR ANY OF ITS AFFILIATES (Network Stores), EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS AND OTHER BUILD.COM WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BUILD.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUILD.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to this and all other Build.com websites. Build.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Build.com web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.