Welcome to the Better Bilt Products, Inc. (“BBP”) website. By using the website and its related services, products, and software (collectively, the “BBP Site”), you agree to be bound by these terms (“Terms of Use”). From time to time we will make changes to the BBP Site and the Terms of Use. It is your responsibility to review the Terms of Use for updates or changes. If you do not agree with the Terms of Use, you should not use the BBP Site.
Privacy
Your use of the BBP Site is subject to our Privacy Policy . Please review our Privacy Policy for more on how we collect and use information.
No Unlawful or Prohibited Use
As a condition of your use of the BBP Site, you will not use the BBP Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the BBP Site in any manner which could damage, disable, overburden, or impair the BBP Site (or the network(s) connected to the BBP Site) or interfere with any other party’s use and enjoyment of the BBP Site. You may not attempt to gain unauthorized access to the BBP Site, other accounts, computer systems or networks connected to the BBP Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BBP Site.
Errors on the BBP Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other BBP Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item on the BBP Site may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we will charge your credit card for an item when we ship the item to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.
Order Confirmation
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on any basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we have already charged you for, we will refund you the full amount of the canceled portion of the order.
Proprietary Rights
All content included on or comprising the BBP Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”), may be protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Such protected Content is deemed a collective work under U.S. and international copyright laws, and BBP owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all of such protected Content. You may use the BBP Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any BBP Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.
Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The BBP logos and other trademarks on the BBP Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by BBP and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BBP’s designated agent.
Send notifications to:
Aaron D. Werner, Esq.
Horwood Marcus & Berk Chartered
500 West Madison Street, Suite 3700
Chicago, Illinois 60661
Fax: 312-267-2185
Member Account, Password, and Security
Certain customers and partners of BBP may receive a password from BBP to access certain information on the BBP Site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BBP immediately of any unauthorized use of your account or any other breach of security. BBP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BBP or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and BBP.
Links to Third Party Sites
The BBP Site contains links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. BBP does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the BBP Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Disclaimer and Limitation of Liability
THE BBP SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BBP SITE ARE PROVIDED BY BBP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BBP SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BBP SITE. YOUR USE OF THE BBP SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE BBP SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BBP SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BBP SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BBP SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify and hold BBP, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the BBP Site and/or any information (text or graphical), software, or products obtained through the BBP Site and/or from BBP.
Termination/Access Restriction
BBP reserves the right, in its sole discretion, to terminate or limit your access to any or all of the BBP Site or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with BBP or to submit any personal information to BBP. As such, if you transact or attempt to transact any business with BBP or submit or attempt to submit any personal information to BBP, you affirmatively represent and warrant that you are at least 18 years of age (or the age of legal majority in the jurisdiction in which you are located if different) and that you possess the legal right to use the BBP Site in accordance with the Terms of Use. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the BBP Site.
Applicable Law
The laws of the State of Illinois will govern these Terms of Use without giving effect to any principles of conflicts of laws.
Customer Service
If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday via e-mail at websales@bbponline.com or by telephone at 1-800-544-4550.