The following terms and conditions (“Terms”) govern your access to, and use of, all or part of any website or mobile application of Beacon Roofing Supply, Inc. (“Beacon”) where these Terms are posted (collectively, the “Site”). By accessing, viewing, downloading or otherwise using the content, materials, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our [PRIVACY NOTICE] and our Terms and Conditions of Sale [TERMS AND CONDITIONS OF SALE], all of which are incorporated by reference herein. You further certify that you are 18 years of age or older (or at least the applicable age of majority in your state or territory of residence). You understand and agree that your use of the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, or if you are younger than 18 years of age, you are not granted permission to use the Site and must exit immediately.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Beacon at Contact@becn.com.
- License to Use the Site.
- Subject to these Terms, Beacon hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Beacon or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
- Product Orders.
- Some products shown on the Site are available for purchase. The terms and conditions set forth in Beacon’s Terms and Conditions of Sale will apply to all product orders through the Site. These terms can be accessed here: Terms and Conditions of Sale
- Account Registration.
- In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. When you register for BeaconPro+ Account you gain access to many helpful online tools. As part of the registration process, you may be asked to click to agree to these Terms or additional terms and may then be asked to submit your email address and a password for your account. You may also be required to provide certain information about yourself including some types of personally identifiable information, including your legal name, the name of the business for which you work, phone number, and email address, which will be handled by us in accordance with our Privacy and Cookie Notice. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Beacon will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You agree to accept responsibility for all activities that occur under your account or password.
- You represent that the personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
- We reserve the right in our sole discretion to remove or delete any or all information from your account or our website at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature of our website or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account, including User Content (as defined herein) and Order History, may no longer be available to you. We have no obligation to make your User Content or Order History available to you and you should not rely upon your account as your sole record of this information.
- General Restrictions on Use.
- You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
- You will not (and will not attempt to): (a) access the Site by any means other than through the interfaces that are provided by Beacon; (b) gain unauthorized access to Beacon’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Beacon’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Beacon; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity, including as a result of the your failure to obtain consent to post personally identifying or otherwise private information about a person.
- Content on the Site.
- As between you and Beacon, Beacon owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between any user and Beacon, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Beacon or its affiliates, licensors, suppliers, or vendors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Beacon, you do not have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
- Unless otherwise noted, you may download or print text and image files from the Site (such as white papers, press releases, datasheets and FAQs) solely for informational purposes, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with these Terms and all other terms or restrictions which may be applicable to the individual file, image or text. Use for any other purpose is expressly prohibited.
- The information that you provide as a registered Beacon Pro+ Account user or otherwise as a user of the Site is sometimes referred to as “User Content.” This may include information about projects, store location settings, order information, and photographs of homes. By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
- Beacon expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason. Beacon will fully cooperate with any law enforcement authorities or court order requesting or directing Beacon to disclose the identity of anyone posting any such information or materials. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
- Errors, Inaccuracies, and Omissions.
- We have made every effort to display as accurately as possible the colors of the products that appear on the Site. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the display of any color will be completely accurate. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
- Beacon expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Site Content, goods, services, advice, information or links provided or displayed on the Site will meet your requirements; (ii) that the Site will be uninterrupted, timely, secure or free from error or that any errors will be corrected; (iii) that defects in the operation or functionality of any software provided to you as part of the Site will be corrected; and (iv) regarding the Site, Site Content, goods, services, advice, information or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
- You understand that the technical processing and transmission of any Site Content and User Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Beacon reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Beacon assumes no responsibility for: (a) 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 communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
- Links To and Features Provided by Third Parties.
- Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Beacon. Beacon does not guarantee the accuracy, completeness or usefulness of any content. Furthermore, Beacon does not endorse and is not responsible for the accuracy and reliability of any third-party opinion or statement published on the Site.
- Service Access.
- While Beacon endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control.
- Limitation of Liability.
IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, BEACON AND ITS AFFILIATES, SUBSIDIARIES AND LICENSORS AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE, SITE CONTENT, OR USER CONTENT IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- Complaint Procedures.
- If you believe that any content or postings on the Site violates your intellectual property or other rights, please send to us at Contact@becn.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Governing Law.
- These Terms and use of the Site are governed by the laws of the Commonwealth of Virginia, without regard to Virginia conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Virginia, for purposes of any legal action arising out of or related to the use of the Site or these Terms.
- The Site is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
- These Terms, including the Privacy and Cookie Notice, constitute the whole legal agreement between you and Beacon and govern your use of the Site and any transactions you may have with Beacon through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Beacon in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Beacon may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Beacon will make a new copy of the Terms available on the Site. You agree that Beacon is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.
- The failure of Beacon to exercise or enforce any right or provision of the Terms will not operate as a waiver of any such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.
- If you have any questions about the Terms, write to
Beacon Roofing Supply, Inc.
505 Huntmar Park Drive
Herndon, VA 20170
Attn: Customer Service
or email us at: Contact@becn.com
Dated: November 19, 2019
Copyright ? 2019 Beacon Roofing Supply, Inc. All rights reserved.