These Terms and Conditions of Use form a legal agreement between you and Green Building Supply, LLC. By using the website GreenBuildingSupply.com, you agree to be bound by these Terms and Conditions of Use. If you do not agree with and accept the terms of this Agreement, you are prohibited from using or accessing this website.
BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, ALL POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE.
Buyer agrees to review these TERMS AND CONDITIONS prior to purchasing anything and purchase of a good or service shall be deemed acceptance of these TERMS AND CONDITIONS.
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
These Terms and Conditions of Use are subject to change. Green Building Supply, LLC may modify the content at any time without prior notice. Changes are effective at the time they are posted on the website. Your use of this website after such changes is your agreement to be bound by and to follow the then-current version of these Terms and Conditions of Use. We, therefore, recommend you regularly review the Terms and Conditions of Use.
Use and installation instructions When you order from Green Building Supply, LLC, you understand and agree that both you and your contractor are responsible for reading and following all use and installation instructions for the products you order.
Technical support If you or your contractor need help in understanding, using, or installing products, please do not hesitate to call us at 800.405.0222 during normal business hours. GBS will happily provide reasonable technical support during normal business hours at no additional charge. We are happy to consult with your contractor to make sure he/she understands how to properly use or install a product. Green Building Supply, LLC is not responsible for any problems as a consequence of calling for instructions or not calling for instructional help.
Chemical sensitivities Because individual sensitivities to different products vary, what can be tolerated by one person may not be tolerated by another. You agree that you will test all products before use on a job. You understand and agree that you are responsible for determining if a substance may or may not be tolerated. It is your responsibility to contact your healthcare provider before using any substance. Please call us to seek further information.
Copyright All materials (“Materials”) contained in this website, including but not limited to written text, logos, graphics, images, photos, videos and audio clips, are the registered and unregistered intellectual property of Green Building Supply, LLC, or its suppliers and are protected by law including, but not limited to, all applicable copyright, trademark, patent, and/or trade secret laws, and rights, in the United States, and the rest of the planet.
Intellectual property rights Nothing on this site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark or copyrighted material displayed on this site without the written permission of the owner of the intellectual property. Green Building Supply, LLC, at its sole option, enforces any intellectual property rights to the fullest extent of the law.
No use of hot link Green Building Supply, LLC prohibits use of the Green Building Supply logo as a “hot” link to the Green Building Supply, LLC website unless establishment of such a link is approved in a prior writing by Green Building Supply, LLC.
Limitations of license Permission is granted to temporarily download one copy of any materials from GreenBuildingSupply.com for personal, non-commercial transitory viewing only. This is a grant of a temporary, non-exclusive license only, not a transfer of title. Only Fair Use is permitted pursuant to U.S. Copyright Law, Section 107 of the U.S. Copyright Act. And under this license you may not:
- i. modify or copy the materials;
- ii. use the materials for any commercial purpose whatsoever, or for any public display; (commercial or non-commercial) without prior written permission from Green Building Supply, LLC;
- iii. remove any copyright, trademark, patent or other proprietary notations from the materials;
- iv. transfer the materials to any other person in any form, or “mirror” the materials on any server;
- v. violate any Fair Use provisions pursuant to Section 107, of the U.S. Copyright Act; or
- vi. fail to provide proper credit and attribution to Green Building Supply, LLC.
Termination This license shall automatically terminate if you violate any of these restrictions and may be terminated by Green Building Supply, LLC at any time without prior notice. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed form and notify Green Building Supply, LLC in writing that you have done so.
Disclaimer of warranties THE MATERIALS OFFERED ON GREEN BUILDING SUPPLY, LLC'S WEBSITE ARE PROVIDED "AS IS". GREEN BUILDING SUPPLY, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANY RIGHTS. FURTHER, GREEN BUILDING SUPPLY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, SAFETY, HEALTH-EFFECTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THIS SITE.
Limitation of liability IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GREEN BUILDING SUPPLY, LLC OR ITS SUPPLIERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS OR JOBSITE INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON GREEN BUILDING SUPPLY, LLC'S INTERNET SITE, EVEN IF GREEN BUILDING SUPPLY, LLC OR A GREEN BUILDING SUPPLY, LLC AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT BE APPLICABLE. IN NO EVENT SHALL GREEN BUILDING SUPPLY, LLC BE LIABLE FOR MORE THAN THE COSTS OF GOODS SOLD.
YOU ARE RESPONSIBLE FOR THE SAFE AND PROPER USE OF ALL PRODUCTS, FOLLOWING THE MANUFACTURER’S DIRECTIONS.
Indemnity You agree to indemnify, defend, and hold harmless Green Building Supply, LLC, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Green Building Supply, LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Waiver and Severability of Terms The failure of Green Building Supply, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Typographical errors The materials appearing on Green Building Supply, LLC's web site could include technical, typographical or photographic errors. Although we make every reasonable effort to assure accuracy, Green Building Supply, LLC does not warrant that any of the materials on its web site are accurate, complete or current.
Prices All prices on this site are in US dollars and are subject to change without notice. We strive for accuracy on our website, but errors can happen. If there has been an error in pricing, we reserve the right to charge the normal price even after the shipping of a product. We will notify you of such a change and allow you to cancel your order if desired.
Advertised goods The availability of advertised goods is subject to change without prior notice as manufacturers and suppliers may change or cancel goods. We will make all reasonable efforts to keep our price list and advertised goods current, but we cannot guarantee price or availability.
Changes to materials on website Green Building Supply, LLC may make changes to the materials contained on its web site at any time without notice.
Sales tax Green Building Supply, LLC collects sales tax for orders delivered in Iowa, and for those picked up at our showroom or warehouse. Each customer is responsible for sales or use tax, if any, due on orders shipped outside of Iowa.
State nexus fee Green Building Supply, LLC collects a state nexus fee to cover the sales tax for drop-ship orders delivered to any state in which the drop-ship vendor has a legal presence known as a nexus. The vendor must pay the sales tax, and we in turn must reimburse the vendor when we are invoiced. Each customer is responsible for sales or use tax, if any, due on orders shipped outside of Iowa.
Acceptance of orders Your receipt of an order confirmation, including by email, does not guarantee acceptance of your order. It is also not a confirmation of our offer to sell. Green Building Supply, LLC reserves the right to accept or decline your order for any reason at any time.
Credit card authorizations and charges Before your item(s) is shipped, your debit or credit card statement may show what looks like a deduction from your account. Please note, these funds have not yet been deducted, but have been only reserved within your account to ensure your order can be processed. This is not a duplicate charge. It is known as an “authorization hold” and typically lasts from 3-7 days, depending upon the policy of your bank. Also note that this authorization—and later the actual charge—will be from Green Building Supply.
Links Green Building Supply, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents or safety of any such linked site. Additionally, third parties may change their Internet sites without notice. The inclusion of any link does not imply endorsement by Green Building Supply, LLC of the site. Use of any such linked web site is at the user's own risk.
Governing law Any claim relating to Green Building Supply, LLC's website shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions. Any claim against Green Building Supply, LLC must first be mediated in Fairfield, Iowa, and if mediation fails to resolve any dispute, then the venue of any dispute shall be in the City of Fairfield, Jefferson County, in the State of Iowa and under such jurisdiction and law.
Severance If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Prohibitions You are prohibited from posting or transmitting to or from this site any unlawful, improper, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.
Headings Headings and captions used in the agreement are for reference purposes only and should not have any effect on the interpretation of the agreement.
Further information If you have any questions regarding this Agreement, please contact us by email at [email protected] or write to us at Green Building Supply, LLC, 118 W. Burlington Avenue, Fairfield, IA 52556.
Copyright © 2018 Green Building Supply, LLC. All rights reserved.