Conditions of Use

Conditions and Terms of Use

Last updated: October 3, 2012

Thanks for using the Better Building Products, LLC ecommerce website. We provide ecommerce services subject to the following terms and conditions. By using our website, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy to understand our privacy practices.

ELECTRONIC COMMUNICATIONS

Better Building Hardware uses e-mails and postings on our website to communicate with you electronically.  When you send us emails or post content on our site, you are communicating with us electronically and consent to receive our communications electronically.  You agree that all electronic communications from Better Building Hardware, LLC (i.e., agreements, notices, disclosures, and sales related documents) satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content accessible from the Better Building Hardware, LLC website such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Better Building Hardware, LLC or its content suppliers and protected by United States and international copyright laws.

TRADEMARKS
In addition, graphics, logos, page headers, button icons, and scripts accessible on our website are trademarks of Better Building Hardware, LLC, or, trademarks of one of the product manufacturers in the U.S. and other countries.  Other trademarks not owned by Better Building Hardware, LLC that appear anywhere on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Better Building Hardware, LLC.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Better Building Hardware, LLC allows you to use the site to purchase our products.  This use does not include any resale or commercial use of any Better Building Hardware, LLC website content including any collection and use of any product listings, descriptions, or prices; any derivative use of any Better Building Hardware, LLC content.  You are not permitted to download or copy account information for the benefit of another merchant or use any data mining, robots, or similar data gathering and extraction tools to download any data for the Better Building Hardware, LLC website. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Better Building Hardware, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No content on our website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written consent from Better Building Hardware, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Better Building Hardware, LLC without written consent. You may not use any meta tags or any other "hidden text" utilizing Better Building Hardware's name or trademarks without the written consent from Better Building Hardware, LLC.   If you do not agree to our Conditions of Use, you may not use the Better Building Hardware, LLC website.

YOUR ACCOUNT
If you use the Better Building Hardware, LLC website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Better Building Hardware, LLC only sells to adults, who can purchase with a credit card or other permitted payment method. Better Building Hardware, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, AND COMMUNICATIONS
Visitors may post reviews, comments, photos, submit suggestions, ideas, comments, questions, or other information, so long as the submitted content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

Better Building Hardware, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Better Building Hardware, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Better Building Hardware, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Better Building Hardware, LLC for all claims resulting from content you supply.  Better Building Hardware, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Better Building Hardware, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from Better Building Hardware, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE
Better Building Hardware, LLC does not take title to returned items until the item arrives at our warehouse.  Please refer to our Return Policy for more information.

PRODUCT DESCRIPTIONS
Better Building Hardware, LLC attempts to be as accurate as possible. However, Better Building Hardware, LLC does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Better Building Hardware, LLC itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products represents the full retail price listed on the product itself or suggested by the manufacturer or supplier.

Despite our best efforts, a small number of the items we sell may be mispriced. If the correct price of an item sold by Better Building Hardware, LLC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BETTER BUILDING HARDWARE, LLC ECOMMERCE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS,  AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BETTER BUILDING HARDWARE, LLC WEBSITE ARE PROVIDED BY BETTER BUILDING HARDWARE, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BETTER BUILDING HARDWARE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BETTER BUILDING HARDWARE, LLC WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS,  AND PRODUCTS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BETTER BUILDING HARDWARE, LLC WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BETTER BUILDING HARDWARE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTER BUILDING HARDWARE, LLC DOES NOT WARRANT THAT THE BETTER BUILDING HARDWARE, LLC WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ELECTRONIC COMMUNICATIONS SENT FROM BETTER BUILDING HARDWARE, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BETTER BUILDING HARDWARE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BETTER BUILDING HARDWARE, LLC INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of the Better Building Hardware, LLC website, or to any products or services sold or distributed by Better Building Hardware, LLC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

APPLICABLE LAW
By using Better Building Hardware, LLC website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Connecticut, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Better Building Hardware, LLC .

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.