You are here

Website Terms of Use

© COPYRIGHT 2015 Boyd Technologies, Inc., ALL RIGHTS RESERVED.
Last Updated on January 1, 2015

YOUR ACCEPTANCE OF THE TERMS OF USE. This is an agreement between you and Boyd Technologies, Inc. (“Company”) and sets forth the terms and conditions which govern your use of any of our web sites, including, but not limited to www.sourcebookmaterials.com (the “Site”), and of the Content (as defined below) and services made available on or through the Site (collectively, the “Services”). PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “Terms of Use”) CAREFULLY BEFORE ACCESSING THE SITE AND USING THE SERVICES AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY AND GOVERN YOUR ACCESS TO AND USE OF THE SITE AND/OR SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY[LINK] (THE “PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES AND EXIT NOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THE TERMS OF USE OR PRIVACY POLICY WILL INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.

MEMBERS.
You do not have to be a registered member of the site (a “Member”) to view features available on the Site, but only Members can access and use the features and services of the Site. The Site allows Members to request, as a part of the Services, up to five samples of materials sold by the Company and featured on the site per year. The Company may contact you by phone or text as needed. By becoming a Member you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms of Use, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site (or any portion thereof).

HOW TO USE THE SITE.
The Site is only a directory and payment platform for materials procurement from the Company and its vendors. You may not request or order Materials without registration as a Member on the Site. Any Materials you receive from a vendor shall be between you and the vendor and we shall have no responsibility for such Materials. In addition, we shall not be responsible for any inaccuracies, misrepresentations, errors, or other acts or omissions of the vendors.
Company does not guarantee the availability of the Materials you choose. A vendor may choose to dis-enroll from, or not participate in, the Site at any time. The Company cannot and does not guarantee that the Material of your choice is available.
To register as a Member, you will be required to provide a valid payment mechanism such as credit card or debit card (“Account”). We will use your Account to charge you for the services you receive from at the time such services are provided, and charge the Company’s access fee, and any credit card processing charges. In the event that your Account has insufficient funds to cover the Fee, the Company will charge your Account the greater of (i) the funds available, or (ii) the hold amount. Any subsequent outstanding balance will be pursued by the Company, and you may be subject to an additional administrative charge for such pursuit of payment. YOU MUST PROMPTLY NOTIFY THE COMPANY IF YOUR PAYMENT METHOD ON FILE IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. SUCH CHANGES TO YOUR ACCOUNT INFORMATION CAN BE MADE ON THE SITE. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU MAY NOT HAVE ACCESS TO THE MATERIALS. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method. If we do not receive payment from your financial institution, credit card issuer, or other provider of your chosen payment method, you agree to pay all amounts due on your Account upon demand.
DURATION OF MEMBERSHIP; CANCELLATION RIGHTS.
ONCE YOU BECOME A MEMBER, YOU ARE ELIGIBLE TO ACCESS THE SITE AND REQUEST MATERIALS UNTIL YOU ELECT NOT TO DO SO OR UNTIL YOUR ACCESS IS TERMINATED IN ACCORDANCE WITH THESE TERMS. YOU HAVE THE RIGHT TO DISCONTINUE USE OF THE SITE AT ANY TIME AND FOR ANY REASON AT NO PENALTY TO YOU; PROVIDED, HOWEVER, THAT YOU ARE LIABLE FOR ANY OUTSTANDING BALANCE OWED TO US FOR YOUR USE OF THE SITE PRIOR TO THE DISCONTINUANCE.

CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.

Description of Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to Company, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, reports, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view or access through the Site.

Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Company or other parties that have licensed their material to Company, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Company or such third-party that owns the Content.

Restrictions on Your Use of Content. The following restrictions apply to your use of Content:

You may access Content for your information and use solely as intended through the provided functionality of the Site and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other rights in or to the Content. All rights not expressly granted herein by Company and/or its licensors to you are reserved by Company and/or its licensors.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.

Disclaimer. Content and any Materials are provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with your use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.

NON-DISCLOSURE AND CONFIDENTIALITY.

In using the Site and/or the Services, you will have access to confidential information of Company and its licensors and suppliers (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.

You agree to maintain and safeguard the privacy and security of all Confidential Information and you will use and disclose Confidential Information only in accordance with all applicable laws, and with security measures and controls that may be required from time to time by Company and its licensors and suppliers.

RESTRICTIONS ON YOUR USE OF THE SITE/SERVICES. You agree that you shall not (and you agree not to allow any third party to): (i) access or use the Site and/or Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Terms of Use and our Privacy Policy; (ii) attempt to disrupt the operation of the Site/Services through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming; (iii) attempt, through any means, to gain unauthorized access to the Site/Services and/or any computer systems or networks, through hacking, password mining or any other means; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) use any robot, spider, site search/retrieval application, or other device to access, retrieve or index any portion of the Site/Services/Content for any purpose. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited.

TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on the Site (collectively, “Marks”) are the property of Company or their respective owners and nothing contained herein should be construed as granting any license or right to use any Marks displayed on the Site without the express written permission of Company, or such third-party that may own the Mark.

OPERATION. You understand that we may modify, suspend or terminate all or a portion of the Site/Services at any time in our discretion without prior notice to you. Company may withdraw, suspend or discontinue any functionality or feature of the Site.

TERMINATION/EXCLUSION. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site.

VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Company (“Comments”) are not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT. This Site may contain links to other web sites owned by third parties, including sites maintained by advertisers. Please note that when you click on any of these links, you are entering another web site for which Company has no responsibility or control. You agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

DISCLAIMER OF WARRANTY. ACCESS TO THE SITE, MATERIALS AND THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS VENDORS OR LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY AND ITS VENDORS OR LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE MATERIALS, THE SITE AND/OR THE SERVICES. COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE MATERIALS, THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU REQUEST MATERIALS OR USE THE SITE OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER COMPANY NOR ANY THIRD PARTY PROVIDERS, VENDORS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, COMPANY’S SERVERS OR ANY E-MAIL SENT FROM COMPANY OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF COMPANY OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE COMPANY AND HOLD COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE MATERIALS, SITE AND/OR THE SERVICES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE MATERIALS, THE SITE AND/OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND/OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF MATERIALS, THE SITE AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MATERIALS, THE SITE AND/OR THE SERVICES OR ANY OF THE CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Materials, the Site and/or the Services, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

MISCELLANEOUS.THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.