CONTRACTOR SUPPLY EXCHANGE, INC.
(updated April 27, 2020)
- LICENSE. If you agree to the AGREEMENT and (1) are of sufficient age and capacity to use CONTRACTOR SUPPLY EXCHANGE, INC and be bound by the AGREEMENT, or (2) use CONTRACTOR SUPPLY EXCHANGE, INC on behalf of a business, thereby binding that business to the AGREEMENT, we grant you a limited, revocable, non-exclusive, non-assignable license to use CONTRACTOR SUPPLY EXCHANGE, INC in compliance with the AGREEMENT. Any unlicensed use of CONTRACTOR SUPPLY EXCHANGE, INC is unauthorized. You agree not to display, make derivative works, distribute, license, or sell, content from CONTRACTOR SUPPLY EXCHANGE, INC, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid license to use, copy, display, distribute, and make derivative works from content you post.
- You represent and warrant that, for all content that you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. CONTRACTOR SUPPLY EXCHANGE, INC takes no responsibility and assumes no liability for any content provided by you or any third party.
- Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our app and general purpose web browsers) or services that interact or interoperate with CONTRACTOR SUPPLY EXCHANGE, INC for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy or collect CONTRACTOR SUPPLY EXCHANGE, INC content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings, communications, and accounts are prohibited. You agree not to post content that is prohibited by any of CONTRACTOR SUPPLY EXCHANGE, INC’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse CONTRACTOR SUPPLY EXCHANGE, INC’s flagging or reporting processes. You agree not to collect CONTRACTOR SUPPLY EXCHANGE, INC user information or interfere with CONTRACTOR SUPPLY EXCHANGE, INC. You agree we may moderate your access to and use of CONTRACTOR SUPPLY EXCHANGE, INC in our sole discretion, e.g., by blocking, filtering, recategorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access, license or account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available CONTRACTOR SUPPLY EXCHANGE, INC; (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify any CONTRACTOR SUPPLY EXCHANGE, INC app, any website code, or any software used to provide CONTRACTOR SUPPLY EXCHANGE, INC; (iii) combine or integrate CONTRACTOR SUPPLY EXCHANGE, INC with any software, technology, services, or materials not authorized by us; (iv) circumvent any functionality that controls access to or otherwise protects CONTRACTOR SUPPLY EXCHANGE, INC; or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use CONTRACTOR SUPPLY EXCHANGE, INC in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
- LIQUIDATED DAMAGES. You agree that if you violate the AGREEMENT, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting or harvesting CONTRACTOR SUPPLY EXCHANGE, INC users’ information, including personal or identifying information – $5 per violation; (B) publishing or misusing personal or identifying information of a third party in connection with your use of CONTRACTOR SUPPLY EXCHANGE, INC without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of CONTRACTOR SUPPLY EXCHANGE, INC $1,000 per violation; (D) posting or attempting to post Prohibited Content – $5 per violation; (E) sending an unauthorized/unsolicited email to an email address obtained from CONTRACTOR SUPPLY EXCHANGE, INC – $25 per violation; (F) using CONTRACTOR SUPPLY EXCHANGE, INC user information to make or send an unauthorized or unsolicited text message, call, or communication to a CONTRACTOR SUPPLY EXCHANGE, INC user – $500 per text, call or communication; (G) creating a misleading or unlawful CONTRACTOR SUPPLY EXCHANGE, INC account – $5 per violation; (H) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (I) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting CONTRACTOR SUPPLY EXCHANGE, INC content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (J) bypassing or attempting to bypass our moderation efforts – $5 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief. You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
- When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
- DISCLAIMER & LIABILITY. To the full extent permitted by law, Contractor Supply Exchange, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“CONTRACTOR SUPPLY EXCHANGE, INC Entities”) (1) make no promises, warranties, or representations as to CONTRACTOR SUPPLY EXCHANGE, INC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CONTRACTOR SUPPLY EXCHANGE, INC on an “AS IS” and “AS AVAILABLE” basis and any risk of using CONTRACTOR SUPPLY EXCHANGE, INC is assumed by you; (3) disclaim all warranties , express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CONTRACTOR SUPPLY EXCHANGE, INC. CONTRACTOR SUPPLY EXCHANGE, INC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, , arising from or related to CONTRACTOR SUPPLY EXCHANGE, INC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
- CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to CONTRACTOR SUPPLY EXCHANGE, INC (“Claims”) will be governed by the laws of Colorado, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Denver, Colorado (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Denver, Colorado; (2) indemnify and hold CONTRACTOR SUPPLY EXCHANGE, INC Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of CONTRACTOR SUPPLY EXCHANGE, INC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
- Unless you have entered into a separate written or electronic agreement with us that expressly references the AGREEMENT, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access CONTRACTOR SUPPLY EXCHANGE, INC thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the AGREEMENT or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the AGREEMENT, and you will remain bound by those sections. If any provision or part of this AGREEMENT is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the AGREEMENT controls over any translations. If you reasonably believe content infringes your intellectual property rights, please contact us at firstname.lastname@example.org
This policy details how data about you is used when you access our websites and services (together, “CONTRACTOR SUPPLY EXCHANGE, INC”) or interact with us. If we update it, we will revise the date, place notices on CONTRACTOR SUPPLY EXCHANGE, INC if changes are material, and/or obtain your consent as required by law.
1. Protecting your privacy
- We take precautions to prevent unauthorized access to or misuse of data about you.
- We do not run ads, other than the classifieds posted by our users.
- We do not share your data with third parties for marketing purposes.
- We do not engage in cross-marketing or link-referral programs.
- We do not employ tracking devices for marketing purposes.
- We do not send you unsolicited communications for marketing purposes.
- We do not engage in affiliate marketing (and prohibit it on CONTRACTOR SUPPLY EXCHANGE, INC).
- We do provide email proxy & relay services to reduce unwanted email.
- Please review privacy policies of any third-party sites linked to or from CONTRACTOR SUPPLY EXCHANGE, INC.
2. Data we use to provide or improve our services and/or combat fraud and abuse:
- Data you post on or send via CONTRACTOR SUPPLY EXCHANGE, INC, and/or send us directly or via other sites.
- Credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
- Data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
- Web log data (e. web pages viewed, access times, IP address, HTTP headers).
- Data collected via cookies (e.g. search data and “favorites” lists).
- Data about your device(s) (e.g. screen size, DOM local storage, plugins).
- Data from 3rd parties (e. phone type, geo-location via IP address).
3. Data we store
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely but can make no guarantees.
- You may access and update certain data about you via your account login.
4. Circumstances in which we may disclose user data:
- to vendors and service providers (e.g. payment processors) working on our behalf.
- to respond to subpoenas, search warrants, court orders, or other legal process.
- to protect our rights, property, or safety, or that of users of CONTRACTOR SUPPLY EXCHANGE, INC or the general public.
- with your consent (e. if you authorize us to share data with other users).
- in connection with a merger, bankruptcy, or sale or other transfer of assets.
- in aggregate or summary form, where it cannot reasonably be used to identify you.
International Users – By accessing CONTRACTOR SUPPLY EXCHANGE, INC or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at email@example.com
- products that are unrelated to or generally not usable in real estate construction projects;
- recalled items, adulterated products, and hazardous materials;
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam;
- offensive, obscene, defamatory, threatening, or malicious postings or email;
- anyone’s personal, identifying, confidential or proprietary information;
- stolen property, property with serial number removed/altered, burglary tools, etc.;
- licenses, permits and other government issued documents;
- US military items not demilitarized in accord with Defense Department policy;
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer;
- spam; miscategorized, over-posted, cross-posted, or nonlocal content;
- postings or email the primary purpose of which is to drive traffic to a website;
- postings or email offering, promoting, or linking to unsolicited products or services;
- affiliate marketing; network, or multi-level marketing; pyramid schemes;
- any good, service, or content that violates the law or legal rights of others.
Please do not use CONTRACTOR SUPPLY EXCHANGE, INC for these purposes, and flag anyone else you see doing so.