Legal

YOU UNDERSTAND AND AGREE THAT THE BUILDER DEPOT and the Affiliates are not responsible for any damage to any user's computer, INCLUDING, WITHOUT LIMITATION, DAMAGE from any such security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction. The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

EXCEPT WHERE PROHIBITED: YOU AGREE THAT THE BUILDER DEPOT AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THEBUILDERDEPOT.COM WEBSITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL THE BUILDER DEPOT OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).

These Terms of Sale and any sales thereunder shall be governed by the laws of The State of Georgia and the federal laws of the United States applicable therein, without regard to conflict of laws rules. You and The Builder Depot exclude the application of the United Nations Convention on Contracts for the International Sale of Goods or any other similar legislation to these Terms of Sale.


The Site (excluding any third party linked websites) is controlled by The Builder Depot from its offices within Alpharetta, GA. The Site can be accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Georgia, by accessing the Site, You agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the State of Georgia and the federal laws of the United States applicable therein therein notwithstanding any conflict of laws principles.


You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the State of Georgia and acknowledge that You do so voluntarily and are responsible for complying with local laws.


For clarity, You hereby waive (1) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and (2) any statutory or other right pursuant to the laws of the jurisdiction in which You are a resident to have a court case or arbitral hearing relating to these Terms of Sale adjudicated or resolved in that jurisdiction.


Any rule of interpretation, law or regulation that provides that language in a contract will be interpreted against the drafter will not apply to these Terms of Sale.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

INDEMNIFICATION You agree to indemnify, defend and hold harmless The Builder Depot and its agents, officers, directors, employees, consultants, and representatives from and against any loss, liability, cause of action, claim, demand, damages, costs or expenses including without limitation reasonable or otherwise legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any other entity or individual's use of this Site, including but not limited to any violation by you of the Terms & Conditions. Builder Depot reserves the right, to assume the exclusive defense and control of any matter, subject to you indemnification, which shall not excuse your obligatory indemnity of The Builder Depot.

The Builder Depot respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1988 (“DMCA”), the text of which can be found on the U.S. Copyright Office Website at https://www.copyright.gov/dmca/, The Builder Depot will respond expeditiously to claims of copyright infringement committed using The Builder Depot website (the “Site”) if such claims are reported to The Builder Depot’s Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to The Builder Depot Designated Copyright Agent. Upon receipt of Notice as described below, The Builder Depot will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify the following below, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic of physical signature of a person authorized to act on behalf of the copyright owner.

Identification of the copyrighted work that you claim has been infringed.

Identification of the material that is claimed to be infringing and where it is located on the Site.

Information reasonably sufficient to permit The Builder Depot to contact you, such as an address, telephone number, and e-mail address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
The Builder Depot

1595 Peachtree Pkwy., STE# 204-400, Cumming, GA 30041

Email a copy to: legal@thebuilderdepot.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.