This website (and its content) (the “Website”) is owned and maintained by Extech Building Materials, Inc. (“Extech”). Access to and use of this Website is conditioned upon the user’s acceptance of and compliance with these Terms of Use (the “Terms”). Accessing, browsing or otherwise using the Website indicates the user’s agreement to the Terms.
1. Limited License. The user is granted a limited, revocable, non-transferable and non- exclusive license to utilize the Website by displaying it on the user’s internet browser solely for the purposes of purchasing products sold on the Website and not for any other purpose. Extech reserves the right to revoke this license at any time. This license shall automatically terminate upon any breach of the Terms by the user without any further notice. This Website may only be used by individuals who are 18 years old or older. By using this site, the user represents and warrants that it meets this age requirement.
2. Sale of Goods and Services. The user agrees that all product sales through this Website are and shall be subject to the Extech Terms and Conditions of Sale (the “Sales Terms”). A copy of the Sales Terms is available on the Website. The Sales Terms may not be changed or altered unless such changes or alternative terms are expressly accepted by Extech in writing.
3. Authorized Users. A business account shall be accessible by those individual users that are authorized by the applicable business. Each business account shall be established by an owner or authorized officer of the business who shall designate the authorized account users at the time the account is initially established. The authorized account users shall have the level of authority designated to them. There are the following levels of authority:
(a) Executive - Executives shall have full authority to (i) view available products and their prices, (ii) place product purchase orders, (iii) view account status (including pending orders, product deliveries, pending invoices, etc.) (“Accounting Data”) and (iv) establish and change the list of persons who are authorized to use the account and their level of authority. The same individual may be both an Executive and the Administrator.
(b) Administrator - The Administrator shall have full authority to (i) view available products and their prices, (ii) place product purchase orders, (iii) view Accounting Data and (iv) update and change the list of persons who are authorized to use the account and their level of authority. The same individual may be both the Administrator and an Executive.
(c) Purchasing Agent - Purchasing Agents shall have authority to (i) view available products and their prices and (ii) to place product purchase orders.
(d) Project Managers - Project Managers shall have authority to view available products and their prices but shall not have authority to place purchase orders.
(e) Accountant - Accountants shall have authority to view Accounting Data only.
The Executives and the Administrator shall have responsibility for maintaining and updating the list of authorized users and their level of authority for the account. The Executive and the Administrator shall be responsible for removing the authority for individuals that are no longer employed by the business or whom the business no longer wishes to have authority on the account. The business account holder shall be responsible for the all Website transactions conducted by any authorized user until such time that the authorized user is removed from the account by the Executives or the Administrator.
4. Unauthorized Access. The user is responsible for maintaining the confidentiality of the user’s account and passwords and login credentials. The user is responsible for all activities that occur under the user’s account. Extech is not responsible for any unauthorized access to an account by a third party that results from theft or misappropriation of the user’s account, passwords or login credentials.
5. Electronic Communications. The user consents to receiving electronic communications from Extech. Any agreement, notices or other communications that Extech may provide to the user electronically via email or on this Website shall be deemed to be in writing for the purposes of satisfying any legal requirements requiring written notices.
6. Privacy Policy. Extech collects information and data from users on this Website (“User Data”) and uses such information to facilitate the user’s interaction with the Website and the conduct of business between the user and Extech. Extech shall be permitted to use the User Data for its general business purposes and may share such data with third party business affiliates. Extech may use cookies in connection with this Website and the user hereby consents thereto. Cookies are information and data that is stored by the user’s internet browser or on the user’s computer hard drive that can enable the Website to recognize the user, allow faster navigation through the Website and track the user’s use of the Website. Extech shall take commercially reasonable steps to protect the User Data from unauthorized use but cannot and does not guarantee that the User Date will be kept confidential. Extech does not knowingly collect User Data from children under the age of 13.
7. Data, Pricing and Transmission Errors. In the event that any products are listed on the Website at an incorrect price due to typographical errors or other data processing error, Extech reserves the right to refuse or cancel any product order based on the incorrect price or other data. Product descriptions and information is provided by Extech’s vendors and suppliers and Extech assumes no liability therefor and makes no representations or warranties regarding accuracy. Extech does not guarantee that this Website and its content will be available on an uninterrupted basis.
8. Intellectual Property. All text, graphics, logos, trademarks, tradenames and other intellectual property included on the Website belong exclusively to Extech with the exception of certain logos, trademarks and tradenames owned by Extech’s suppliers and vendors, which are instead licensed to Extech. You may not use any intellectual property of Extech or any vendor or supplier for any purpose without the express written consent of Extech and the applicable vendor or supplier.
9. Third-Party Websites. In the event that the Website contains links to third-party websites, the user acknowledges that such links are provided for the convenience of the user and that Extech assumes no responsibility for, or any liability with respect to, such third-party websites or their content.
10. Disputes - Arbitration. Any dispute or claim relating to the use of the Website shall at Extech’s option be resolved by arbitration in accordance with the rules of the American Arbitration Association, and pursuant to the laws of the State of New Jersey, or if different, the laws of the state in which the facility from which Extech satisfies a given order is located.
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