PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Spenard Builders Supply, “SBS”, a Division of Builders FirstSource, “BFS”, offers the sbsalaska.com Web Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. SBS may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
The information and content provided on the SBS Web Site is not intended to substitute for the specific advice of a licensed and bonded contractor familiar with your specific building project or question. Always seek the advice of a licensed and bonded contractor with any questions you may have regarding specific building projects.
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
FORUM FOR ACTIONS, GOVERNING LAW AND PROCEDURAL
You agree this Agreement is made and entered into in Dallas County, Texas. You agree that Texas law, without regard to conflicts of law principles, governs this Agreement's interpretation and/or any dispute related to or arising from your access to, dealings with, or use of the Site. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Dallas County, Texas. You agree and understand that you will not bring against any Indemnified Party any class action lawsuit related to your access to, dealings with, or use of the Site.
USE OF INFORMATION YOU PROVIDE TO SBS
The SBS Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to SBS that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
SBS collects various pieces of information about you from this website. SBS may collect cookies, log files, and other similar tracking information when you access the Site. Additionally, SBS may collect your name, e-mail address, phone number, and comments on our investor page. SBS may also collect a variety of information about you if you apply for a job on-line through the “Career” tab. The foregoing information is collected to be used for internal corporate purposes by SBS and its affiliates and their advisors. SBS does not sell this information. The information may be shared with third parties, including, without limitation, any branch or agency of the government, if SBS believes it is legally obligated to disclose such information. Your information may also be disclosed if SBS believes it is necessary to protect an Indemnified Party.
While SBS takes reasonable steps to safeguard and to prevent unauthorized access to your information, SBS cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information.
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER AN INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. SBS will not treat as confidential any communications you send to SBS by electronic mail or otherwise. SBS has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose. SBS does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. SBS requests that you do not send such proposals. Please refrain from sending original creative artwork, blueprints, designs, layouts, photographs, or samples. SBS adopted this policy to prevent claims that it copied unsolicited ideas without authorization, when, in fact, it developed the idea independent of, or long before, receiving the unsolicited proposal. If you send SBS unsolicited proposals, do so with the understanding that it may use any concept, idea, invention, know-how, or technique you disclose in those communications for any purpose, including for developing, manufacturing, and/or marketing goods, products, or services. SBS may do so free of any obligation to compensate you for that use.
NO WARRANTY BY SBS
The Site may contain inaccuracies or other errors. SBS may alter, change, or improve the content at any time without notice. SBS makes no representations or warranties as to the Site's completeness or accuracy or about the Site’s suitability for any purpose. SBS makes no commitment to update the Site’s content.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER THE INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
SBS neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. SBS shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text, or video from the Site. The Site may refer to certain goods, products, and/or services that may not be available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that SBS offers or intends to offer those goods, products, and/or services in all locations.
YOUR INDEMNITY OBLIGATION
You agree to indemnify, defend, and hold harmless SBS and its affiliates and each of their officers, employees, directors, managers, stockholders, members, partners, and agents (all such parties are, collectively, the “Indemnified Parties”) from and against any and all claims, demands, proceedings, suits, and actions, including, without limitation, any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including, without limitation, any attorneys’ and advisors’ fees and disbursements) and costs (collectively, "Claims"), based on, arising out of, or in any way resulting from or connected with your use or alleged use of the Site, including, without limitation, any Claims alleging facts that, if true, would constitute your breach of this Agreement.
The Site may provide hyperlinks or references to other websites. While SBS tries to provide hyperlinks and references only to websites that are reputable and safe, SBS takes no responsibility for the information, products, or services obtained on such sites and will not be liable for any damages arising from or related to your access to such sites. SBS provides links to other sites solely for your convenience. The inclusion of such hyperlinks and other references in the Site does not imply an endorsement of the other sites, their contents, or the persons or entities operating those websites. You assume sole responsibility for using links or pointers to third party websites.
You may not hyperlink or provide references to the Site without prior written consent from SBS. SBS bears no responsibility for websites that provide hyperlinks or references to the Site.
COPYRIGHTS & INTELLECTUAL PROPERTY
All trademarks, service marks, logos, and copyrights (“Trademarks”) on the Site are registered and unregistered Trademarks of BFS, its affiliates, and other third parties. You may not use any of the Trademarks on the Site without the prior written consent of the owner of the Trademark. Nothing on the Site should imply consent to use any Trademark without such prior written consent.
SBS retains full copyright ownership, rights and protection in all material contained on SBS (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this website.
NO OFFER TO SELL, OR SOLICITATION OF OFFER TO BUY, SECURITIES
The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.
Any failure or delay of SBS/BFS to assert its rights under this Agreement does not constitute a waiver of its right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. Any court, mediator, or arbitrator is requested and instructed to replace such stricken term with the term of similar effect that is most like it that is enforceable.