IfYou do not agree with the Terms set forth below and Our Privacy Policy (including any modifications thereto), You should exit the Website. However, these Terms and Our Privacy Policy will apply to all of Your information and actions prior to exiting the Website.
b) Access to Your Account. 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.
c) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting, and will include the date the Terms were last updated. Your continued access to the Website constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Website. Please review the Terms periodically so You are aware of any amendments.
d) Additional Terms. Although You are always bound by these Terms and Our Privacy Policy, in using certain features, products, or services You may be bound by and subject to additional terms applicable to those features, products, or services, including without limitation Our Pro Plus Rewards Program, Returns and Cancellations Policy and Warranty Info Policy. You may review the terms and conditions of these policies by clicking on the link provided on the Website homepage or contacting Us through the methods described below. You agree that You will comply with all additional terms and conditions, and that You will comply with any and all laws and regulations applicable to Your purchase or use of any Ferguson product or service. Any and all additional terms and conditions will not change or replace these Terms regarding use of the Website, unless expressly stated. Any and all additional terms and conditions are hereby incorporated within these Terms.
e) Capacity. The Website is a general audience Website for adults age 18 or over, and is intended for use only by individuals in the United States. By using this Website, You represent that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.
b) Eligibility. THE WEBSITE IS INTENDED FOR USE ONLY BY INDIVIDUALS AGE 18 OR OVER LOCATED IN THE UNITED STATES. IF YOU ARE A PERSON OUTSIDE THE UNITED STATES, BY ACCESSING AND USING THE WEBSITE, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS. THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE WEBSITE BY THE COMPANY. IN USING THE WEBSITE, YOU REPRESENT THAT YOU ARE A PERSON WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE WEBSITE. PERSONS CHOOSING TO ACCESS THE WEBSITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, AND ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
Unless We indicate otherwise, You grant Ferguson a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, distribute, publish, modify, publicly perform, publicly display, adapt, translate, archive, store and create derivative works from such Submission, in any form, format, or medium of any kind now known or later developed. In addition, You authorize Ferguson to share the Submission across all websites, advertisements, media and other medium, affiliated with Ferguson, to include the Submission in a searchable format accessible by users of Ferguson, to place advertisements in close proximity to such Submission, and to use Your name, likeness and any other information in connection with its use of the material You provide. You also grant Ferguson the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication You provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing, and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You. You grant Ferguson and sub-licensees the right to use throughout the world in any media the name that You submit in connection with such content.
You represent and warrant that: (i) You own or otherwise control all the rights in any Submission You submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of, or cause any injury to, any person or entity. You acknowledge and agree that You will indemnify Ferguson for all claims resulting from the content You post or submit. Ferguson has the right but not the obligation to monitor and edit or remove any activity or content. Ferguson takes no responsibility and assumes no liability for any content posted by You or any third party.
Any Submission made concerning or related to Ferguson or the Website is non-confidential and non-proprietary. Do not send Us any Submission that includes information You wish to remain confidential. Your Submission may be made publicly available, and Ferguson is not responsible for any use or misuse (including any distribution) by any third party. Ferguson is not responsible for damage or harm resulting from Your choice to share personal information.
g) Unavailability. Your access to the Website may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such interruptions.
TERMINATION; MODIFICATION.Without any further notice and at any time, You understand and agree that Ferguson may terminate, cancel, deactivate, and/or suspend Your access to the Website. By terminating Your access or use, Ferguson does not waive or alter any other right or relief to which it may be entitled at law or in equity. If Ferguson terminates or suspends Your access to the Website, Your right to use the Website will immediately cease and You must discontinue use of the Website by all means and methods. Ferguson reserves the right to immediately and permanently deactivate Your Account and delete any information or content stored through Your Account. Ferguson reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Website, is to stop using the Website.
PRIVACY.a) Privacy Policy. Your privacy is important to Us. By using the Website, You agree to these Terms as well as to the collection transfer, processing, usage, sharing, and storage of Your personal and non-personal information consistent with the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.
MONITORING.Ferguson may, but has no obligation to, monitor the use by You and other users of the Website. During monitoring, any information relating to any user or their respective activities on the Website may be examined, recorded, copied, and used in accordance with these Terms and Our Privacy Policy. Furthermore, Ferguson reserves the right at all times (i) to disclose any information provided at any portion of the Website as set forth in Our Privacy Policy, including without limitation to satisfy any law, regulation, or governmental request, and (ii) to refuse to transmit, or to remove, any information or materials, in whole or in part, that Ferguson in its sole discretion, finds objectionable or in violation of these Terms or Our Privacy Policy.
CONDUCT AND ACCEPTABLE USE.a) You are responsible for the content of Your communications and representations through the Website, including those sent to Us through the Website from Our contact forms.
b) We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Website or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Website, You represent the following:
viii.You will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Website;
x.You will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Website other than the search tools available on the Website and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer); and
Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Website.
You are solely responsible for any activities or actions taken under Your Account, including purchases, regardless of whether You authorized such activities or actions. You agree to notify Us immediately of any unauthorized use of Your Account. We are not liable for any loss or damage from Your failure to comply with this section.
You represent and warrant that any information You provide to Us is accurate, current, and complete and that You will maintain and promptly update Your information to keep it accurate, current, and complete. If any information You provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate Your use of the Website.
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