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Terms
of Use
Revised:
September 2002
Your
use of this website (www.buildersbook.com) is subject to the current
Terms and Conditions of use, which follow.
Builder's
Book, Inc. ("Builder's Book") provides this site and any
site-related services (collectively, "Site") subject to
your agreement and compliance with the terms and conditions set
forth below (the "Agreement"). By using the Site, you
(individually and as a representative of your organization) acknowledge
that you agree to be bound by all of the terms and conditions set
forth herein. If you do not agree to these terms and conditions,
please do not use the Site.
Builder's
Book may, in its sole discretion, modify or revise these terms and
conditions at any time by updating this Web page. By using the Site
following a modification or revision of this page, you are bound
by any such modification or revision; accordingly, you should visit
this page periodically to review the most current version of this
Agreement.
Grant
of License. Builder's Book grants visitors to the Site the nonexclusive
right to use the information and tools provided and accessed via
the Site in accordance with these Terms and Conditions and any representations
and user documentation provided online.
Visitors, by using the Site, acknowledge that the Site constitutes
valuable and proprietary property of Builder's Book or third parties
who have contributed to the Site. If a visitor wishes to use content
from the Site in any manner not expressly permitted by these terms
and conditions, that visitor may request permission from Builder's
Book by giving to Builder's Book a written description of the intended
use and such other information as Builder's Book may request. Permission
may only be granted in writing, by an authorized representative
of Builder's Book. The granting of such a request may entail an
additional fee payable by the person or organization making such
request.
Log In. Visitors shall maintain as personal and confidential
the user ID and password that they may use to establish and maintain
an account with Builder's Book, which login information they may
use to faciliatate ordering products and services from Builder's
Book. It is each visitor’s sole responsibility to protect their
log in user ID and password from unauthorized use. Failure to do
so can expose the visitor to unauthorized charges against their
credit card(s), and in liability to Builder's Book for all damages
resulting from such breach.
Reservation
of Rights. Builder's Book reserves all rights not expressly
granted to visitors, including, but not limited to, the right to
alter, modify, update, enhance or improve the Site.
Taxes
and Invoices. Visitors acknowledge and agree that following
the entry of an order for products or services offered on the Site,
the total amount of charges due is subject to Builder's Book's standard
order, billing and collection terms and conditions. Visitors are
responsible for payment of all invoices, credit card charges, shipping
charges, and applicable taxes that result from their use of the
Site.
Exchanges/Refunds.
Unless otherwise agreed in writing, all products and services
offered on this Site are provided under Builder's Book's standard
policies regarding exchanges, refunds and returns.
Termination
of this Agreement. This Agreement will terminate automatically
without any notice from Builder's Book if visitor fails to comply
with any provision of these terms and conditions. Upon termination,
visitor shall no longer access the Site and the visitor's user IDs
and passwords shall be deactivated.
Termination
for any reason shall not affect Builder's Book' entitlement to any
sums due hereunder or otherwise.
Liability
Disclaimer
THROUGH
THIS SITE, BUILDER'S BOOK MAKES EVERY EFFORT TO PROVIDE COMPLETE,
TIMELY AND ACCURATE INFORMATION. HOWEVER, BUILDER'S BOOK MAKES NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE BOOKS, CHARTS,
SOFTWARE, INFORMATION, SAMPLES, CODES, FORMULAE, GRAPHICS, FUNCTIONALITY
AND OTHER ASPECTS OF THIS SITE, NOR THEIR MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. THE EXCLUSION OF IMPLIED WARRANTIES
IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. THERE
MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICH VARY FROM STATE TO STATE.
IN
NO EVENT SHALL BUILDER'S BOOK BE LIABLE FOR ANY LOST PROFITS OR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE AND/OR
USE OF ANY BOOK, CHART, SOFTWARE, INFORMATION, SAMPLE, CODE, FORMULA,
GRAPHIC, FUNCTIONALITY OR OTHER ASPECT, PRODUCT OR SERVICE PROVIDED
BY THIS SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED
TO $50.
Information,
opinions, claims, representations and recommendations expressed
in this Site are provided solely by their authors or original publishers;
they do not necessarily represent the opinion or work product of
Builder's Book, or any of the Site's sponsors, owners, or other
contributors. Builder's Book makes no effort to verify or substantiate
any of the information provided by others. Any example companies,
organizations, products, people and events depicted anywhere in
this Site are fictitious, unless otherwise noted. No association
with any real company, organization, product, person, or event is
intended or should be inferred.
You
agree to indemnify, defend and hold Builder's Book, Inc., and our
employees and affiliates harmless from any liability, loss, claims
and expenses, including reasonable attorney's fees, from a third
party related to your violation of these terms of service, the Site's
privacy policy or the copyright provisions.
Any
information provided to you via this website shall be considered
information provided for informational purposes only and should
not be considered professional, legal, financial, or medical advice.
Jurisdiction
and Applicable Laws. The subscription to the Site and interpretation
and application of these terms and conditions will be governed by
the laws of the State of California. No action arising under this
subscription may be brought by either party more than one year after
the cause of action has accrued. The exclusive jurisdiction for
any action arising from the Agreement shall be the courts of Los
Angeles County, State of California.
Severability.
If any part of these terms and conditions is found void and
unenforceable, it will not affect the validity of the balance of
the terms and conditons, which shall remain valid and enforceable.
Legal
Notices
Revised:
September 2002
Trademarks
and Copyrights
The
pages, screens, source code, text, graphics, animations and design
used in this Site are Copyrighted 2002 by Builder's Book, Inc. The
content of this Site is intended for the private use of visitors
to this website, and no permit is granted to reuse any of the content
herein for promotional or editorial purposes in any form, without
prior written approval of Builder's Book. No portion of the information,
graphic images, files, and other material contained in this site
may be embedded, framed or otherwise presented on any other Intranet-,
Internet-, or Web-based service. No substantial portion of the information,
files and other material contained in this Site may be printed,
copied, photocopied, reproduced, translated, or published in any
electronic or machine-readable form in whole or in part without
prior written approval of Builder's Book.
"Builder's
Book" is a trademark of Builder's Book, Inc. All other company
names, brands, products and services referenced herein may be the
trademarks or service marks of their respective owners, and may
be registered in certain jurisdictions. "®" indicates
registration in the United States.
The
Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright
law. If you believe in good faith that materials presented on this
Site infringe your copyright, you (or your agent) may send a written
notice to Builder's Book's Copyright Agent that includes all of
the following information: A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; Identification of the copyrighted
work claimed to have been infringed (or if multiple copyrighted
works located on the Site are covered by a single notification,
a representative list of such works); The name, address, telephone
number, and e-mail address (if available) of the complaining party;
A statement that the complaining party has a good faith belief
that
use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and A statement
that
the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on
behalf
of the owner of an exclusive right that is allegedly infringed.
Builder's Book's Copyright Agent for such notice of claims of
copyright infringement is Mr. Oussa Awad, and can be reached as
follows: By mail: Oussa Awad, Builder's Book, Inc., 8001 Canoga
Avenue, Canoga Park, CA 91304, (818) 887-7828.
Privacy
Policy
Revised:
September 2002
This
Privacy Policy discloses the privacy practices for www.buildersbook.com
(the "Site"). Specifically, this Site has agreed to notify
you of:
- What
personally identifiable information of yours is collected from
you through the Site.
- The
organization collecting the information.
- How
the information is used.
- With
whom the information may be shared.
- What
choices are available to you regarding collection, use and distribution
of the information.
- The
kind of security procedures that are in place to protect the
loss, misuse or alteration of information under Builder's Book's
control.
- How
you can correct any inaccuracies in the information.
If
you feel that this company is not abiding by its posted privacy
policy, you should first contact Builder's Book by e-mail: sales@buildersbook.com.
Information
Collection and Use
Builder's Book, Inc., is the sole owner of the information collected
on the Site. We will not sell, share, or rent this information to
others in ways different from what is disclosed in this statement.
Builder's Book collects information from our users at several different
points in the Site.
Registration
In order to use some portions of this Site, a user must first provide
name and address information. During product ordering, for example,
a user is required to give their contact information (such as name,
company information, physical address and e-mail address). This
information is used to contact the user about the services on our
site for which they have expressed interest, and to ensure that
those items that they have ordered may be shipped without error.
It is sometimes optional for the user to provide demographic and
geographic information (such as job title, job responsibilities,
etc.), but we encourage all users to provide as much of the optional
information as they are comfortable so that we can provide a more
personalized experience on our site.
Cookies
The Site makes minimal use, if any, of so-called "cookies."
Any cookies we use are for the sole purpose to expedite ordering,
and are initiated only after you have selected a product to place
in your shopping cart. The site may in the future increase its use
of cookies; at that time, all active visitors to the service will
be notified of this change in our policy.
Web
Server Log Files
We may use IP addresses to analyze trends, administer the site,
track patterns of user movement through the site, and gather broad
demographic information for aggregate use. IP addresses are not
linked to personally identifiable information, and we make no effort
to do so. We use such information to help us improve navigation
methods, develop content which meets the interests of the greatest
numbers of users, and to identify any other areas for improvement
or development.
Sharing
We may share aggregated usage and demographic information with our
business partners. This is not linked to any personal information
that can identify any individual person or company.
In
order for this website to properly fulfill its obligation to our
users, it is occasionally necessary for us to supplement the information
we receive with information from 3rd party sources. For example,
In order for this website to enhance its ability to tailor the site
to an individual’s preferences and to provide information and
services that meet and even anticipate our users' needs, we combine
information about the information needs of our users with similar
information from our partner companies and from third-party sources,
to create a generalized user profile. Information we contribute
to this process is aggregated usage and demographic information
only. This is not linked to any personal information that can identify
any individual person or company.
Links
This web site may contain links to other sites. Please be aware
that Builder's Book is not responsible for the privacy practices
of such other sites. We encourage our users to be aware when they
use such links; they should read the privacy statements of each
and every web site so linked, regarding their collection and use
of any personally identifiable information. This privacy statement
applies solely to information collected by the Builder's Book website.
Newsletters,
E-mail Services and Information Requests
If a user wishes to subscribe to any of our e-mail services, such
as an e-mail newsletter, or if you request a printed catalog, we
ask for contact information such as name, e-mail address and mailing
address.
Surveys
& Contests
From time-to-time our site requests information from users via surveys
or contests. Participation in these surveys or contests is completely
voluntary and the user therefore has a choice whether or not to
disclose any of the information requested in the survey or contest
forms. Information requested may include contact information (such
as name and shipping address), and demographic or geographic information
(such as job title or zip code). Contact information will be used
to notify the winners and award prizes. Survey information will
be used for purposes of monitoring or improving the use and satisfaction
of this site.
Tell-A-Friend
If a user elects to use any of our referral services for informing
a friend about our site, we ask them for the friend’s name
and e-mail address. Builder's Book will automatically send the friend
a one-time e-mail inviting them to visit the site. Builder's Book
stores this information for the sole purpose of sending this one-time
e-mail The friend may contact Builder's Book to request the removal
of this information from their database, by sending e-mail to sales@buildersbook.com.
Security
This website takes every precaution to protect our users’ information.
When users submit sensitive information via the website, your information
is protected both online and off-line.
When
our online checkout system is accessed, you are transferred to our
secure web servers, so that information you provide is encrypted
and is protected with the best encryption software in the industry
- SSL. While on a secure page, such as our order form, the yellow
lock icon on the bottom of Web browsers such as Netscape Navigator
and Microsoft Internet Explorer becomes locked, as opposed to unlocked,
or open, when you are just ‘surfing’.
While
we use SSL encryption to protect sensitive information online, we
also do everything in our power to protect user-information off-line.
All of our users’ information, not just the sensitive information
mentioned above, is restricted in our offices. Only employees who
need the information to perform a specific job (for example, our
billing clerk or a customer service representative) are granted
access to personally identifiable information. ALL employees are
kept up-to-date on our security and privacy practices. On a regular
basis, as well as any time new policies are added, our employees
are notified and/or reminded about the importance we place on privacy,
and what they can do to ensure our customers’ information is
protected. Finally, the servers that we store personally identifiable
information on are kept in a secure environment, in our hosting
company's secured facilities.
Notification
of Changes
If we decide to change our privacy policy, we will post those changes
on this webpage so that our users are always aware of what information
we collect, how we use it, and under which circumstances, if any,
we might disclose it.
If
at any point we decide to use personally identifiable information
in a manner different from that stated at the time it was collected,
we will notify users by way of an e-mail. Users will have a choice
as to whether or not we may use their information in this different
manner. We will use information in accordance with the privacy policy
under which the information was collected.
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