TERMS AND CONDITIONS
The following terms and conditions govern your “use” of the website at primebldg.com (“Website”) operated by Prime Building Components, LLC (“Prime”) and photographic images, graphics, logos, text and all other content available or generated on the Website (collectively referred to as the “Content”) which is protected by federal copyright:
BY USING THE WEBSITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.
- Limited licenseSubject to compliance with these terms and conditions, you are granted a nonexclusive, nontransferable, limited license to access the Website and Content from time to time made available to you. This license is not a sale of the Content. You acquire no proprietary interest in the Content.
- Intellectual Property Rights© 2013 Prime Building Components, LLC. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Content and/or Website (in both print and machine-readable forms) belong to Prime. You shall not in any manner violate or attempt to impair the Rights of Prime in the Content and/or Website. Unless otherwise noted, other Prime photographic images, text, graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, copyrights or trade dress of Prime in the U.S. and/or other countries. Prime’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
The Content is protected byU.S. copyright Registration Number TX 7-780-601. Any violations of this protection may result in damages, including attorneys’ fees.
You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the Content or Website. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Content except to the extent expressly permitted by applicable law, and then only after you have notified Prime in writing of your intended activities.
You agree that any breach of these terms and conditions would cause Prime irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Prime may be entitled, you agree that Prime may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.
- Incorporation Of Other DocumentsOther provisions that govern your purchases and/or use of this Website may be set forth in other documents, terms, conditions and policies, all of which are incorporated by reference into these general terms and conditions.
- TerminationPrime reserves the right to terminate these terms and conditions at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by Prime, you must immediately cease using the Content and Website. Prime may also suspend or discontinue the Website without notice. Prime reserves the right, without notice and in its sole discretion, to terminate your right to use the Website or any portion of it, to block or prevent your future access to and use of the Website, and to establish limits concerning use of the Website, including the frequency with which you may access the Website.
The Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnity, Arbitration, Governing Law and Venue, No Waiver, and No Assignment sections shall survive any termination of your use of the Website, or expiration of these terms and conditions.
- DISCLAIMER OF WARRANTIESTHE CONTENT AND/OR WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRIME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT AND/OR WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PRIME DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. PRIME SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE CONTENT AND/OR WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF PRIME. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF PRIME.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THESE DISCLAIMERS WILL NEVERTHELESS APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
- LIMITATION OF LIABILITYIN NO EVENT SHALL PRIME AND (AS APPLICABLE) PRIME’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ATTORNEYS FEES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS LIABILITY LIMIT APPLIES EVEN IF PRIME OR A THIRD-PARTY ACTED NEGLIGENTLY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PRIME AND (AS APPLICABLE) PRIME’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (D) ANY CONTENT YOU POST, UPLOAD, STORE OR OTHERWISE TRANSMIT THROUGH THE WEBSITE; (E) ANY FEEDBACK YOU PROVIDE; OR (F) YOUR CONDUCT IN CONNECTION WITH THE WEBSITE.
- GOVERNING LAW AND VENUETHESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN ERATH COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN ERATH COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
- No WaiverThe failure of Prime to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- No AssignmentThese terms and conditions may not be assigned or transferred by you.
- SeverabilityIf any provision of these terms and conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these terms and conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.
- Changes To These TermsThese terms and conditions may be changed by Prime immediately upon notice. Continued use of the Website following any change constitutes acceptance of the change.