Leesburg, 741 Miller DriveSuite A-1 & B
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TERMS OF SITE USE
Welcome to the ferguson.com website. These Terms are a contract between You and Ferguson Enterprises, LLC ("Ferguson," “Company,” “We,” “Us,” or “Our”) with regard to the access and use of Our website - www.ferguson.com - and its component pages, the Ferguson Mobile App, and any other website, application, product or service made available by Ferguson (collectively, “Website”). The Website is made available to You pursuant to these Terms. Please read these Terms fully and carefully before accessing and using the Website.
If You 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.
c) Use. The Website and its contents are for Your personal use only. Ferguson grants You a limited license to access and make personal use of the Website. This license does not include (i) any resale or commercial use of the Website, or the content made available through the Website; (ii) any derivative use of the Website or the content made available through the Website; (iii) any downloading or copying of content or account information; (iv) any collection and use of product listings, descriptions, or prices; or (v) any use of data mining, scraping, spiders, robots, or similar data gathering or extraction tools. You may not use any meta tags or any other “hidden text” utilizing Ferguson’s name or trademarks without the express written consent of Ferguson. Except as explicitly permitted by these Terms, no content made available through the Website may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified, or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling, or disassembling any software code included in the Website. You shall not use the Website in any manner that could damage, disable, overburden, or impair the Website.
d) Electronic Communications. When You contact Us through the Website, create a user account, or provide Your e-mail address to Us for any reason, You are consenting to receive communications from Us electronically. We will communicate and transact with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. If You wish, at any time, to opt out of receiving electronic communications from Us, You can do so by logging into Your account and changing Your profile settings and preferences or by clicking the “Unsubscribe” link included with such electronic communications.
e) Text Communications. To receive SMS, MMS, or text messages (“Text Communications”) from Ferguson, including messages relating to the delivery of orders You place on the Website, You must provide a mobile phone number and agree to these terms and conditions. We will send You a text message requesting that You affirm Your choice to receive Text Communications, and You must respond to that message to verify Your mobile phone number before You can begin receiving Text Communications. By affirming Your choice to receive Text Communications, You acknowledge and agree that (i) We will send Text Communications to the number You provide and anyone with access to that mobile phone or carrier account will be able to see any such Text Communications; and (ii) You are the subscriber for the number You provide and will inform Us if You are no longer the subscriber. After You opt in to receiving Text Communications, message frequency will vary. Message and data rates apply. You can opt out of receiving Text Communications at any time by texting “STOP” to the number You receive in Text Communications. You will receive one final message confirming You are unsubscribed. If You wish to join again, You can opt in on the Website at any time.
f) Reviews, Comments, Communications, and Other Content. If You post content or submit material concerning or related to Ferguson or the Website (“Submission”), the Submission must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or 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 such content. You will not post content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
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 p