PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE.
These Terms of Service (“Terms of Service”) apply to the functionalbuildingsupply.com site operated byFunctional Building Supply, (“Functional Building Supply”), (the “Site”), including all means by which Functional Building Supply provides content or services from the Site to you or receives content from you, such as accessing the Site online, downloadable software applications, delivery of Functional Building Supply content to you at your request, mobile versions of the Site, mobile downloadable applications, services that allow you to submit content to Functional Building Supply, blog submission services, RSS feeds, widgets or other embedding technologies, podcasts, chat rooms and message boards (“Service” or “Services”). Many of the Services may currently be accessed via the Site.
These Terms of Service are a license that governs your use of the Services, including your use of content from the Site and the Services and your interaction with the Site, including your participation in user forums or any other interactive features. In addition to these Terms of Service, there may be special terms, licenses or registration requirements for certain Services, for example you may be asked to accept end user license agreements for mobile applications, to register for contests and sweepstakes or to create a profile, to create lists or reviews, or otherwise register or accept licenses in order to access other features or activities. These additional terms or licenses will be posted in connection with the applicable Service, are in addition to these terms of service, and to the extent they conflict with these Terms of Service, govern access to or use of that particular Service.
Functional Building Supply may modify these Terms of Service from time to time in its sole discretion. Each time you use access the Site, Services or Content from the Site via the Services you will be deemed to have accepted any changes to these Terms of Service. We shall have no obligation to notify you of any such changes other than posting such modifications on the Site, but we reserve the right (at our discretion) to provide you notice of such changes to any e-mail address you have provided to Functional Building Supply.
1. Ownership and License for the Site and Services
The Site and Service are owned and operated by Functional Building Supply and its affiliated companies and contain material that is derived in whole or in part from material supplied and owned by Functional Building Supply as well as third parties (“Content”). Functional Building Supply owns the Site, Services and all associated Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding content provided by users, and Content licensed from third parties. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Site, Services and Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You acknowledge Functional Building Supply valid intellectual property rights in the Content and that these Terms of Service contain a license to and govern your use of the Site, the Services and the Content. Your use of the Service is limited to the access, viewing and downloading of Content as authorized by Functional Building Supply.
You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms, or (iii) any advertisement inserted on the Site and/or within the Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Functional Building Supply in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.
To the extent that we make Content available to you via a widget, embedded player, rss feed or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with such technology, or any advertisement delivered via such technology.
You are also prohibited from disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
2. Access to the Site and Availability of Services
This Site and the Services are intended for use by qualified users who reside in the United States of America, its territories and possessions (“U.S.”). By using or attempting to use the Site or Services, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
We may change, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any Site or portion of a Site or any Service. We may impose limits or requirements (such as registration) for the availability of certain Services or Content, or restrict access to Services or Content without notice or liability.
You are responsible for any charges incurred in obtaining access to the Site and the Services. The Site and Services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from Functional Building Supply or its partners. We reserve the right to change the nature of this relationship at any time.
3. Registration Rules and Requirements
Should We provide to you a password that allows you to access certain parts of the Site or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site or the Services at the end of each session to prevent fraud on your account by third parties.
Communications from us.
We may send you newsletters or other communications. You have the option to unsubscribe from such emails. We reserve the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Site or Services.
4. Rules of Conduct for the Site and Services
The following rules apply to all users of the Site and Services and are a condition of your use of and access to the Services. These rules are in addition to the restrictions contained in Section 1 above. You are responsible for the content of your Communications (as defined in paragraph 10) via the Services and any content or materials you post or otherwise transmit or make available to others.
- You may not use the Site or Services to threaten, stalk, harass, or advocate the harassment of another person or entity or otherwise restrict or inhibit any other user from using and enjoying the Site and the Services or engage in disruptive activities online, such as use of scripts, sound waves, scrolling (repeating the same message over and over), or posting of content containing viruses, bots or worms.
- You may not post or transmit or include in any review or comment on a review or article, and We reserve the right to immediately remove, any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity (including, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia). Your reviews and comments may not contain harassing or offensive language, including sexual references, sexual nicknames, racial slurs, threats of any kind, hate propaganda, hate mongering, swearing (including masked vulgarity, such as “f*ck”), bullying or rude or deliberately offensive comments.
- You may not engage in promotional or commercial activities, spam, disseminate surveys or engage in any mass messaging or post in comments or elsewhere, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”; or solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users.
- You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- You may not post or transmit any content, including video, audio and text content, software or other material that violates or infringes the rights of any third party, including copyright, trademark, patent, privacy or publicity rights;
- You may not encourage or provide content that contains instructional information about illegal activities, in particular accessing unauthorized copyrighted content, or that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- You may not attempt to gain unauthorized access to other computer systems or networks connected to the Site or Services or use the Site or Services, the Content or any information contained therein for any unlawful purpose. Functional Building Supply, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the Service violates this provision. You may not use any Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
If you believe that any content on the Site or Services violates any of the terms of this agreement, submit your message here . You may also “flag” comments that you believe violate these Terms of Service. We reserve the right to take or refrain from taking any and all steps available to us once we receive any such message.
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
5. User Content
Portions of the Site or Services may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material, including your name and likeness, to us, the Site or Service or others (“User Content”). By posting such User Content you represent and warrant that it complies with these Terms of Service.
Original Content: Any User Content that you post or upload must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to us under these Terms of Service. Before you post content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.
Rights Granted to Functional Building Supply: By uploading or inputting User Content to any Functional Building Supply website you hereby acknowledge and agree that you are granting us (including without limitation, its licensees, successors and assigns), the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, “fingerprint” through use of content recognition technology, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by us in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on Functional Building Supply websites, on other websites, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for the Site and the Services, as well as the other websites and User Content produced by us, and its parent and affiliated companies, all without further notice to, consent from or payment to you. You waive any and all “moral rights” you may have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree that We, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to us under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that We, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate us or any other person or entity to exercise any of the rights granted by you under these Terms of Service. We and their successors, licensees and assigns, will have the unlimited right to assign these Terms of Service and the rights granted by you under these Terms of Service at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your User Content or any part thereof is actually used by us. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that Functional Building Supply, its licensees, successors and/or assigns will review or use your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that Functional Building Supply, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between us, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.
In addition to all of the legal and equitable rights and remedies available to us in connection with these terms or your User Content, you acknowledge and agree that We shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.
No Rights Created by Submission: You recognize that other persons, including Functional Building Supply or Functional Building Supply own employees, may have submitted to usor others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your User Content. You acknowledge and agree that Functional Building Supply its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of Functional Building Supply or its licensees’, successors’ and/or assigns’ use of such similar or identical materials. Nothing in these Terms of Service, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
Use of Name and Likeness: By sending us your User Content, you consent to the recording, use and reuse byFunctional Building Supply its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as edited, altered, fictionalized or modified by us or Functional Building Supply, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Functional Building Supply, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that we, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Functional Building Supply or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws.
Chat Rooms, Message Boards and Other Interactive Features: Rules of Conduct
While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Functional Building Supply, and we do not have any obligation to monitor, edit or screen any User Content, but may do so in its sole discretion. Notwithstanding anything else in these Terms of Service, We should not be seen as endorsing any User Content in any way. None of Functional Building Supply or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content that is in violation of these Terms of Service. You acknowledge that anything you submit to us is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the User Content on Functional Building Supply websites are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth above, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)
Liability for User Content: User Content posted through the Service are provided by users like you who are unaffiliated with us, and the user providing each such Communications or Content is solely responsible for the content thereof. This means that you, and not us, are entirely responsible for all User Content and Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by us or any other division of Functional Building Supply, that such Communications contain correct information, or that the persons posting such Content and Communications have accurately identified themselves and/or their affiliation with any third party. We are not responsible for the User Content, accuracy or opinions expressed on the Service, and we do not investigate, monitor or check for accuracy or completeness User Content or Postings. You understand that by using the Service, you may be exposed to Content and Communications that are offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any Communications, including, but not limited to, liability for any errors or omissions in any Content or Communications, or for any loss or damage of any kind incurred as a result of the use of any Content or Communications posted, e-mailed, or otherwise transmitted via the Service.
Here is the Functional Building Supply Privacy Statement.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site or Services.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO Functional Building Supply SITES OR SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY Functional Building Supply SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Functional Building Supply DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Functional Building Supply SITES, SERVICES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
We are not responsible for any incorrect or inaccurate Content posted on the Service or in connection with our Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles and reviews created and posted by users may contain links to other websites. Inclusion of any linked website on the Site or Services does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on or through the Site or Services, nor does it take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Site or Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our Services, from any Content posted on or through us, or from the conduct of any Users of the Services, whether online or offline.
8. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY Functional Building Supply SITE, SERVICE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN Functional Building Supply SITE, SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL Functional Building Supply, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
You agree to defend, indemnify and hold harmless Functional Building Supply, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or Service; (c) any breach of any of the representation, warranties or other terms or conditions relating to use of User Content you supply (d) any non-compliance by you with the terms and conditions of these Terms of Service; and (e) claims brought by persons or entities other than the parties to these Terms of Service arising from or related to your access and use of the Site, Services, including the information obtained through the Site or Service.
We may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site or Services, or remove and discard any User Content or communication transmitted by you, or information stored, sent, or received via the Site or Services (“Communication”)without prior notice and for any reason, including, but not limited to: (i) permitting another person or entity to use your registration information to access a Site or Service, (ii) any other access or use of the Site or Service except as expressly provided in these Terms of Service, (iii) any violation of these Terms of Service including the rules and regulations relating to the use of, the Content, Site or Services, (iv) tampering with or alteration of any of the Content, Site or Services. You may terminate your registration by closing your registration account, and you may also provide thirty (30) days written notice by you to by us of your intent to terminate these Terms of Service. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination of these Terms of Service all rights granted to you will automatically terminate and immediately revert to us and its licensors and all rights granted by you to us shall survive in perpetuity.
11. Infringement Policy
Functional Building Supply, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site or the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), We have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to us in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Functional Building Supply
Address: 18598 CRANWOOD PARKWAY WARRENSVILLE HEIGHTS, OH 44128
Phone #: 216-587-4666
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
We reserve the right, in its sole discretion, to amend these Terms of Service, and to modify, add or discontinue any aspect, content, or feature of the Site or the Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Site and/or Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
13. Export Control
Unless otherwise specified, the materials on the Site and Services are presented solely to provide information regarding and to promote our Services and other products available in the United States, its territories, possessions and protectorates. The Site and Services are controlled and operated by us from its offices within the State of Tennessee, United States of America. We make no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Site and Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site and Services are further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Williamson County, TN, U.S.A., regarding any and all disputes relating to these Terms of Service or your use of the Site and Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Service are material terms of these Terms of Service and that they have been taken into account in the decision by us to provide the Site and Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of us. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.
PLEASE READ CAREFULLY. UNDER THIS SECTION 15, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR SUBMISSION. IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF WILLIAMSON IN TENNESSEE AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN THE COUNTY OF WILLIAMSON, TENNESSEE, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN NE YORK OR A RETIRED JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR’S DECISION SHALL BE CONTROLLED BY THE TERMS OF THESE TERMS OF SERVICE. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE ARBITRATION ALONG WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF WILLIAMSON, TENNESSEE HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST Functional Building Supply, Functional Building Supply, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT Functional Building Supply MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE TERMS OF SERVICE, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM AGAINST YOU.
16. Member Disputes
You are solely responsible for any interaction with other members or visitors to the Site or Services, and we reserve the right but shall have no obligation to monitor disputes between you and any other member of Functional Building Supply.
17. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site and Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.