In return for being allowed access to the Builders FirstSource, Inc. (“BFS”) web site titled “bldr.com” (the “Site”) and by using it, you agree to be bound by the following agreement (the “Agreement”) without any limitation or qualification. Please review the Agreement carefully before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access or use the Site. BFS reserves the right to change the Agreement, and to make changes to any of the products, services, or other matters described in the Site, at any time without notice or liability. Any such revisions are prospectively binding on you. You should periodically visit this page to review the then current Agreement that binds you. BFS reserves the right, in its sole discretion and without notice, to deny you access to the Site at any time.
Your Indemnity Obligation
You agree to indemnify, defend, and hold harmless BFS and its affiliates and each of their officers, employees, directors, managers, stockholders, members, partners, and agents (all such parties are, collectively, the “Indemnified Parties”) from and against any and all claims, demands, proceedings, suits, and actions, including, without limitation, any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including, without limitation, any attorneys’ and advisors’ fees and disbursements) and costs (collectively, "Claims"), based on, arising out of, or in any way resulting from or connected with your use or alleged use of the Site, including, without limitation, any Claims alleging facts that, if true, would constitute your breach of this Agreement.
No Warranty by BFS
The Site may contain inaccuracies or other errors. BFS may alter, change, or improve the content at any time without notice. BFS makes no representations or warranties as to the Site's completeness or accuracy or about the Site’s suitability for any purpose. BFS makes no commitment to update the Site’s content.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER THE INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
BFS neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. BFS shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text, or video from the Site. The Site may refer to certain goods, products, and/or services that may not be available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that BFS offers or intends to offer those goods, products, and/or services in all locations.
Use of Information You Provide to BFS
BFS collects various pieces of information about you from this website. BFS may collect cookies, log files, and other similar tracking information when you access the Site. Additionally, BFS may collect your name, e-mail address, phone number, and comments on our investor page. BFS may also collect a variety of information about you if you apply for a job on-line through the “Career” tab. The foregoing information is collected to be used for internal corporate purposes by BFS and its affiliates and their advisors. BFS does not sell this information. The information may be shared with third parties, including, without limitation, any branch or agency of the government, if BFS believes it is legally obligated to disclose such information. Your information may also be disclosed if BFS believes it is necessary to protect an Indemnified Party.
While BFS takes reasonable steps to safeguard and to prevent unauthorized access to your information, BFS cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER AN INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
BFS will not treat as confidential any communications you send to BFS by electronic mail or otherwise. BFS has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
BFS does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. BFS requests that you do not send such proposals. Please refrain from sending original creative artwork, blueprints, designs, layouts, photographs, or samples. BFS adopted this policy to prevent claims that it copied unsolicited ideas without authorization, when, in fact, it developed the idea independent of, or long before, receiving the unsolicited proposal. If you send BFS unsolicited proposals, do so with the understanding that it may use any concept, idea, invention, know-how, or technique you disclose in those communications for any purpose, including for developing, manufacturing, and/or marketing goods, products, or services. BFS may do so free of any obligation to compensate you for that use.
No Offer to Sell, or Solicitation of Offer to Buy, Securities
The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.
Links to and from Other Sites
The Site may provide hyperlinks or references to other websites. While BFS tries to provide hyperlinks and references only to websites that are reputable and safe, BFS takes no responsibility for the information, products, or services obtained on such sites and will not be liable for any damages arising from or related to your access to such sites. BFS provides links to other sites solely for your convenience. The inclusion of such hyperlinks and other references in the Site does not imply an endorsement of the other sites, their contents, or the persons or entities operating those websites. You assume sole responsibility for using links or pointers to third party websites.
You may not hyperlink or provide references to the Site without prior written consent from BFS. BFS bears no responsibility for websites that provide hyperlinks or references to the Site.
All trademarks, service marks, logos, and copyrights (“Trademarks”) on the Site are registered and unregistered Trademarks of BFS, its affiliates, and other third parties. You may not use any of the Trademarks on the Site without the prior written consent of the owner of the Trademark. Nothing on the Site should imply consent to use any Trademark without such prior written consent.
Forum for Actions, Governing Law, and Procedural Restrictions
You agree this Agreement is made and entered into in Dallas County, Texas. You agree that Texas law, without regard to conflicts of law principles, governs this Agreement's interpretation and/or any dispute related to or arising from your access to, dealings with, or use of the Site. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Dallas County, Texas. You agree and understand that you will not bring against any Indemnified Party any class action lawsuit related to your access to, dealings with, or use of the Site.
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure or delay of BFS to assert its rights under this Agreement does not constitute a waiver of its right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. Any court, mediator, or arbitrator is requested and instructed to replace such stricken term with the term of similar effect that is most like it that is enforceable.