Welcome to the website and mobile application (collectively, the “Site”) of Clean Builders Materials LLC d/b/a Clean Builders Materials (“Clean Builders Materials,” “we,” “our,” or “us”). Your use of the Site is subject to these Terms of Use (“Terms”), which we may update from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.By accessing the Site in any way, including, without limitation, browsing the Site, using the Site, using information obtained from the Site, and/or submitting information to Clean Builders Materials, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including, but not limited to, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUEBEC), conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law. You represent that you are capable of entering into this binding agreement with us.
FURTHER, UNLESS PROHIBITED BY APPLICABLE LAW, BY USING THIS SITE YOU AGREE THAT DISPUTES BETWEEN YOU AND CLEAN BUILDERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR A TRIAL BY JURY. BELOW, THESE TERMS EXPLAIN SOME EXCEPTIONS TO THIS AGREEMENT AND HOW YOU CAN OPT OUT OF ARBITRATION IF YOU SO CHOOSE. IF YOU DO NOT OPT OUT OF ARBITRATION AS DESCRIBED IN THESE TERMS, THEN YOU WILL BE BOUND BY THE ARBITRATION AND CLASS WAIVER PROVISIONS.
By accessing the Site, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any materials you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUEBEC), Clean Builders reserves the right, at any time and without notice, to add to, change, update or modify these Terms by posting such change, update, or modification on the Site. You should check the Site regularly to see the most recent version of these Terms. To reject the revised Terms, prior to their taking effect, you must (a) permanently discontinue use of the Site; and (b) email Clean Builders with a clear request to terminate these Terms with Clean Builders. If you do not do so, the revisions will take effect at the earlier of: (i)12:00 p.m. Eastern time on the 15th day after the earlier of when Clean Builders posts them or otherwise notifies you of such changes, such as via email; (ii) your first ever use of a new or changed feature of the Site that is subject to the revised Terms; or (iii) your acceptance of the updated Terms via a click-through process or some other acceptance mechanism that Clean Builders specifies. Notwithstanding this provision, any changes to the “Disputes” Section of these Terms will be handled as set forth in Section F (“Changes to this Disputes Section”) of the “Disputes” Section of these Terms.
The Site, its contents, features and functionality, including, without limitation, code, text, graphics, trademarks, logos, images, video, audio, documents and the design, presentation, selection and arrangement of the foregoing (collectively, "Content") are owned by or licensed to Clean Builders, and are protected in the U.S. and internationally under copyright, trademark, and other intellectual property laws.You may view, download and print information about Clean Builders products and services (such as data sheets, brochures, and installation instructions) for personal, non-commercial purposes provided that you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Except as expressly permitted herein, you will not copy, reproduce, republish, publicly display, transmit, or distribute the Content in any way, without Clean Builders's express prior written consent.Notice and procedure for making claims of copyright infringement under the Digital Millennium Copyright Act.If you are a copyright owner and you believe that your copyright rights have been violated, please review our Proprietary Rights Complaint Process and Notification Form and follow the instructions provided.
From time to time on certain areas of the Site, you may be able to submit comments, photographs, and certain other materials, such as contest or sweepstakes materials ("User Content").The following requirements apply to your use of the Site, including, without limitation, any User Content you may submit to us: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Clean Builders; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not harvest or otherwise collect or store personal data about other users of the Site, including, without limitation, email addresses, without the express consent of such users; (d) you will not upload, post, reproduce or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (e) you will not use the Site for any commercial purpose not expressly approved by Clean Builders in advance in writing; (f) you will not impersonate any person or organization, including, without limitation, the personnel of Clean Builders, or misrepresent an affiliation with another person or organization; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Site or any of its features.
You understand and agree that you have no ownership rights in any account you may have with us or other access to the Site or features therein. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUEBEC), Clean Builders may cancel your account and delete all User Content associated with your account at any time, and without notice, if Clean Builders deems that you have violated these Terms, the law, or for any other reason. Clean Builders assumes no liability for any information removed from the Site and reserves the right to permanently restrict access to the Site or a user account. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Clean Builders a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including, without limitation, other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published, or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You also waive your moral rights to the User Content and hereby grant each user of the Site a non-exclusive license to access your User Content through the Site.
You will indemnify and hold Clean Builders, its parents, subsidiaries, affiliates, contractors and agents, and each of their officers, directors, employees, and agents (collectively, the “Clean Builders Parties”) harmless from any claims, damages, and expenses, including, but not limited to, reasonable legal fees and costs, related to your use of the Site or violation of these Terms, or any use of the Site Clean Builders content or violations of the Terms by your employees, contractors, agents or representatives or which arises from the use of User Content you submitted, posted, or otherwise provided to Clean Builders or the Site.
Clean Builders may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. Clean Builders does not control, is not responsible for reviewing, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, Clean Builders reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. Clean Builders is not responsible or liable for damages of any kind arising from any User Content even when Clean Builders is advised of the possibility of such damages, or from Clean Builders's alteration or deletion of any posting.
The information and opinions expressed in User Content on the Site are not necessarily those of Clean Builders or its content providers, advertisers, sponsors, affiliated or related entities, and Clean Builders makes no representations or warranties regarding the User Content. Clean Builders does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUEBEC), the Clean Builders Parties make no representations about the reliability of the features of the Site, the CLEAN BUILDERS Content, User Content, or any other feature, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
The Clean Builders make no representations regarding the amount of time that any Clean Builders Content or User Content will be preserved.The Clean Builders do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification, or guarantee of any User Content.
We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. The Clean Builders make no representation as to the completeness, accuracy, or correctness of any information on the Site. In addition, we may make changes to information about products without notice. The product information on the website may differ from the product you may purchase.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL OR OTHER DAMAGES; AS A RESULT, THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOLLOWING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY OR QUEBEC TO THE EXTENT DAMAGES TO SUCH NEW JERSEY OR QUEBEC RESIDENT ARE THE RESULT OF COMPANY'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY CLEAN BUILDERS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL ANY CLEAN BUILDERS PARTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CLEAN BUILDERS'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, A NEGLIGENT ACT, WILL THE CLEAN BUILDERS PARTIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE AND/OR THE SUBMISSION OF AND/OR CLEAN BUILDERS'S USE OR DISTRIBUTION OF USER CONTENT, EVEN IF THE CLEAN BUILDERS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site may hyperlink to sites not maintained by or related to Clean Builders. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or Clean Builders, and the Clean Builders Parties make no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from the Site is subject to the terms of that site's privacy policy, and Clean Builders has no control over how your information is collected, used, or otherwise handled.
