E-Commerce Terms and Conditions 1. Acceptance of This Agreement. Your access to, and use of, this website, (“Website”) is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Website. 2. Terms of Use. This Website is operated by Allied Building Products Corp. (“Allied”). Throughout the site, the terms “we”, “us” and “our” refer to Allied. Allied offers this Website, including all information, tools, services and sales available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. 3. Acceptable Use. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, keystroke logger or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this Website. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this website for any purpose related to marketing. 4. License to Use. You may view, download for caching purposes only, print pages and place orders from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not republish material from this Website; sell, rent or sub-license material from this Website; show any material from this Website to the public; reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; edit or otherwise modify any material on this Website; or redistribute material from this Website. 5. Trademarks and Copyrights. Trademarks, logos and service marks displayed on this site may be registered and unregistered trademarks of Allied, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on this Website without the owner’s prior written permission. Allied reserves all rights not expressly granted in and to the site and its contents. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States. 6. Use of Materials on Website. Some features that may be available on this Website require registration. By registering at and in consideration of your use of the site, you agree to provide true, accurate, current and complete information about yourself. Some features on this Website may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts and omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you are required to notify Allied immediately. Unless notified otherwise, Allied will assume that any communications received by Allied under your password have been made by you. 7. DISCLAIMER. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ALLIED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTOES THAT MATERIALS ON THE WEBSITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THIS WEBSITE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLIED OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ALLIED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE ON THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 8. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE, RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALLIED NOR ITS AFFILIATES, SUPPLIERS, VENDORS OR THIRD PARTY PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLIED, ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD, PRODUCT OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ALLIED NOR ITS SUPPLIERS OR VENDORS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMADY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALLIED IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND ALLIED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 9. Indemnification. You agree to indemnify, defend and hold harmless, Allied and its employees, agents, affiliates and suppliers, from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or action brought against Allied arising out of any breach by you of these Terms and Conditions, or other liabilities arising out of your use of this Website. If you cause a disruption of this Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. 10. Jurisdiction and Applicable Law. The laws of the State of New Jersey shall govern these Terms and Conditions and your use of this Website, and you irrevocably consent to the jurisdiction of the courts located in Bergen County, New Jersey, for any action arising out of or relating to these Terms and Conditions. This Website has been designed to comply with the laws of the State of New Jersey and of the United States. If any material on this Website, or your use of the Website, is contrary to the place where you are when you access it, the Website is not intended for you, and we ask that you not use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 11. Product Descriptions. Allied and its associates attempt to be as accurate as possible. However, Allied does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current or error- free. If a product offered by Allied is not as described, your sole remedy is to return it in an unused condition as described below. 12. Price and Payment. The final price stated on the Website includes all charges for packaging, boxing, crating, special handling, and freight, F.O.B. destination. You agree that any purchase requests made by you will constitute your intent and agreement to be bound by these Terms and Conditions and to pay for such purchase. 13. Returns and Exchanges. All returns must be made within thirty (30) days of the date of purchase. Freight shipment for returns to Allied will be prepaid by the customer. There will be a 20% Restocking Fee on all returned items. All returned material must be received in a saleable condition and in the original packaging. Under no circumstances will items which have previously been used or installed be eligible for return. Products will be inspected upon return to determine whether the product is eligible for return. Request for returns must be made to: ctcreturns@alliedbuilding.com A Return Authorization Number will be issued by Allied. All returns must have a Return Authorization Number and must be delivered, without exception, to: Allied Building Products, Corp., 2815 Hill Avenue, Toledo, OH 43607 (Our Address for Returns) 14. Changes to Terms and Conditions. Allied reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on this Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Your continued use of the Website after any changes to the Terms and Conditions or other policies means you accept the changes. 15. Entire Agreement. These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered, and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions, and you agree that you shall have no remedy in respect to any misrepresentation which has not been made expressly in this Agreement. 16. Severability. If any provision of this Agreement is determined to be unlawful or unenforceable, the remaining provisions of the Agreement will remain in place.
17. We currently do not ship orders to Alaska or Hawaii.