Please review these terms and conditions, which govern your use of BuildersMallBahamas.com (http://www. BuildersMallBahamas.com) in addition to related services, and any mobile applications, and any other site on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Builders Mall Bahamas (“Builders Mall”) as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of Builders Mall and its parent, subsidiaries and affiliates.
YOUR USE OF THE SITE
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at email@example.com so that we can delete that information.
We hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (http://kids.getnetwise.org) and OnGuardOnline (http://onguardonline.gov). Builders Mall does not endorse any of the products of services listed on such websites.
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
•Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
•Use the Site or content on or from the Site for any unlawful purpose
•Express or imply that any statement you make is endorsed by Builders Mall or its subsidiary, parent or affiliate companies
•Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libellous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Builders mall or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so
•Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
•Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
•Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
•Remove any copyright, trademark or other notices of proprietary rights contained on the Site
•“Frame” or “mirror” any part of the Site without Builders Mall prior written authorization
•Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
•Harvest or collect information about Site visitors
•Take any action that imposes an unreasonable or disproportionately large load on Builders Mall infrastructure
INFORMATION POSTED ON THE SITE
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Builders Mall or any of its affiliates, subsidiaries or agents.
At Builders Mall, we carry many different Brand Names. Unless indicated otherwise, most products and services featured on the Site are available directly from or through Builders Mall, its subsidiaries or its affiliates. Builders Mall endeavours to display and describe its products and services accurately. Builders Mall is also improving its products and services and may update the Materials at any time and without notice.
Builders Mall cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
Builders Mall and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Builders Mall believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Builders Mall, its subsidiaries, or its affiliates, or for any other reason.
Builders Mall and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Lowe’s delivery of the items or products to the carrier.
SEE: BUILDERS MALL Sales Terms and Conditions for further information.
COPYRIGHTS, TRADEMARKS AND PATENTS
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Builders Mall or its software and content suppliers and licensors. Such software and content is protected by The Commonwealth of The Bahamas and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Builders Mall and protected by applicable copyright laws.
Builders Mall grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Builders Mall and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Lowe’s or any third party’s intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Builders Mall, and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Builders Mall, requires prior written approval for the use of our Logo or any other Builders Mall Trademarks, as part of a link to or from any website. Builders Mall, also requires prior written approval to use the F.Y.P., Tile King and The Paint Centre Logos, Builders Mall name and any other Builders Mall marks in any form of advertising or any other public use.
LINKS TO OTHER SITES
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Builders Mall or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Builders Mall and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Builders Mall and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Builders Mall and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Builders Mall and its affiliates, licensees and sublicenses, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to BuildersMallBahamas.com may appear on the website of an entity affiliated with Builders Mall. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Builders Mall may use submitted Content in any manner that Builders Mall deems appropriate or necessary in its sole discretion. Builders Mall and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Builders Mall is not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Builders Mall and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Builders Mall.
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Builders Mall and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Builders Mall deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
Builders Mall does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Builders Mall does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Builders Mall reserves the right to remove any Content from the Site without notice and in Builders Mall sole discretion; however, you acknowledge and agree that Builders Mall is under no obligation to you to police, monitor or remove Content and Builders Mall makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Builders Mall, all of Builders Mall subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Builders Mall and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Builders Mall, or Builders Mall licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that Builders Mall shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Builders Mall does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
You agree that Builders Mall and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Builders Mall and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
You agree to indemnify, defend and hold harmless Builders Mall and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Builders Mall makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that this agreement and your use of the Site will be governed by the laws of the Commonwealth of The Bahamas. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Nassau, New Providence, Bahamas, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Builders Mall or against any of Builders Mall subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to Builders Mall by contacting the Customer Service Center to allow Builders Mall the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you nor Builders Mall may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and Builders Mall. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that Builders Mall may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Builders Mall will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Builders Mall through the Site may be subject to legal process (e.g., a summons) by Builders Mall or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Builders Mall will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Builders Mall may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Builders Mall performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Builders Mall right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Builders Mall with respect to such use.
You agree that Builders Mall may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Builders Mall as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Builders Mall, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Builders Mall with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Builders Mall with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Builders Mall or it is physically signed in blue ink by an executive officer of Builders Mall.
Any actual or alleged waiver by Builders Mall of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by Builders Mall in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Builders Mall in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
ADDITIONAL TERMS AND CONDITIONS FOR REGISTERED USERS
You can register as a user of the Site become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services and functionalities available on the Site (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and Lowe’s concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
Registration. You can become a Registered User by registering with the Site to create an account (a registered account through the Site an “Account”). Purchases made online while logged into your account will allow Builders Mall to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information, such as the HVAC filter sizes you have bought.
Tracked Purchases. Builders Mall will track all of the purchases that you make online while logged into your Account. These online transactions are called “Tracked Purchases.”
Submissions. As a Registered User, you may be able to review your Tracked Purchases. You may also be able to upload to your Account additional information or data, making your Account a powerful tool for managing your home improvement projects. For example, you may be able to submit product wish lists, project pictures or information about which paint purchases are related to specific rooms in your home. The information or data you upload or enter into your Account is called “Submissions.” Builders Mall reserves the right to supervise the uploading of any Submissions, but Builders Mall is under no legal obligation to do so.
Communications From Builders Mall. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email from Builders Mall and its subsidiaries and affiliates. For example, if your Account contains information about a landscaping project, Builders Mall may send you information on proper planting techniques or a promotion on plant materials.
Username and Password. As part of the registration process, you will be asked to select a username and password. Builders Mall may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or other facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Builders Mall of the problem by contacting Builders Mall Customer Service at firstname.lastname@example.org or 242-601-8453. You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.
For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Builders Mall a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Builders Mall sees fit in its sole discretion.
The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.
You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.
You agree that Builders Mall and its affiliates and agents may use your name, email address, and/or telephone number to access, review, edit and modify your Submissions, Tracked Purchases and other information associated with your Account.
Tracked Purchases. You acknowledge and agree that Builders Mall owns all the data and information concerning your Tracked Purchases, but subject to the Additional Terms, Builders Mall may make your Tracked Purchases available to you for viewing through your Account. Builders Mall will continue to own all of the data and information concerning your Tracked Purchases even if your Account is deactivated for any reason.
Deactivation of Your Account. Builders Mall reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Builders Mall may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by Builders Mall, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that Lowe’s has no obligation to make a copy, electronic or otherwise, of your Submissions or Tracked Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Termination of Service. Builders Mall reserves the right to terminate your access to and use of the your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you.
Upon deactivation of your Account or the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.
Making Purchases. If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
BuildersMallBahamas.com is Intended Only for Bahamian Residents. Builders Mall makes no representations that any content or functionality available through BuildersMallBahamas.com and its associated features are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for complying with local laws, to the extent they are applicable.