TheBuilderDepot.com hereafter referred to as "Site" or “thebuilderdepot” or “The Builder Depot”. Before usage of this Site, you must read, understand and agree to be bound by the following policies and terms referenced and any subsequent changes to the foregoing which may be made without notice. By using this Site, you signify your acceptance of these Terms & Conditions. If you do not agree with any part of the following Terms & Conditions, do not use this site.
TheBuilderDepot.com ("thebuilderdepot") reserves the right to change or modify any of the terms and conditions contained in the Terms & Conditions or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site after the posting of its changes or modifications will constitute your acceptance of such changes or modifications. As you are constantly subject to these current terms and conditions, you should frequently review the Terms & Conditions and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These terms and conditions are also applicable to any transaction or purchase made with Builder Depot, as they are hereby conditioned as an extended use of this Site.
CONTENT DISCLAIMER & LIMITATION OF LIABILITY Your use and viewing of this Site is at your sole risk. The site as a whole, and the content therein are available and provided on an "as is" and "as available" basis. Builder Depot makes no representations or warranties, neither express nor implied, of any kind in respect to this site, the operation of this site, its content(s), or information. By using this site and viewing the content therein, you thereby acknowledge that you have been advised by Builder Depot to undertake your own due diligence with respect to this site.
LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT THE BUILDER DEPOT AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
THE BUILDER DEPOT AND THE AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
YOU UNDERSTAND AND AGREE THAT THE BUILDER DEPOT and the Affiliates are not responsible for any damage to any user's computer, INCLUDING, WITHOUT LIMITATION, DAMAGE from any such security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction. The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT THE BUILDER DEPOT AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THEBUILDERDEPOT.COM WEBSITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL THE BUILDER DEPOT OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
INDEMNIFICATION You agree to indemnify, defend and hold harmless The Builder Depot and its agents, officers, directors, employees, consultants, and representatives from and against any loss, liability, cause of action, claim, demand, damages, costs or expenses including without limitation reasonable or otherwise legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any other entity or individual's use of this Site, including but not limited to any violation by you of the Terms & Conditions. Builder Depot reserves the right, to assume the exclusive defense and control of any matter, subject to you indemnification, which shall not excuse your obligatory indemnity of The Builder Depot.