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Terms of Site Use

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.

GENERAL TERMS OF USE. a) Acceptance. By accessing and using the Website, You accept and agree to be legally bound by these Terms and Our Privacy Policy, and all prospective amendments to the Terms and Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use the Website or any of the products and services enabled by 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.

GENERAL USE OF THE WEBSITE. a) Website Features. The Website contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered at any part on the Website. This includes without limitation any features regarding Our products and services and contacting Us. Ferguson strives to ensure that all content on the Website, including the description or depiction of any product or service, availability, and price information, is accurate, complete, and current, but Ferguson does not warrant the accuracy or completeness of the content made available on the Website, or the availability of all products and services offered on the Website. The colors You see on the Website may depend on the device You are using to view the Website. Information on the Website may contain typographical or other human errors and may not be complete or current despite Our efforts. We will attempt to address any inaccurate or incomplete content after We are made aware of it. All weights and sizes may be approximate. If a product offered by the Website is not as described, Your sole remedy is to return it in unused condition. The Website is presented on an “AS IS” basis.

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 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.

b) HIPAA. Ferguson does not request, collect, or use customers’ protected health information. You must exercise caution when sharing information with Ferguson to avoid inadvertently disclosing Your health 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:

i.You will not interfere with any other person using or enjoying the Website;

ii.You will not use the Website to threaten, abuse, harass, or invade the privacy of any person;

iii.Any content or materials (including through Our contact forms) You submit to Us will be appropriate and lawful;

iv.You will not damage Our Website or Our servers;

v.You will not attempt to gain unauthorized access to computer systems or networks connected to the Website or use the Website in any way for an inappropriate or unlawful purpose;

vi.You will not access data not intended for You or log onto a server or an account that You are not authorized to use;

vii.You will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Website;

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;

ix.You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way while using the Website (including through Our contact forms); and

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

xi.You will not use the Website, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.

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.

CREATING AND USING AN ACCOUNT. You may create an account to use certain features or functionality of the Website, including online purchases ("Account"). You are not permitted to share, sell, distribute, or otherwise transfer Your Account or allow Your login credentials to be used by any other individual. It is Your responsibility to keep Your Account and password (including any related security questions and answers) confidential, and to ensure that You restrict access to any device You use to access Your Account.

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.

OWNERSHIP; PROPRIETARY RIGHTS. All Website content and materials including without limitation text, photographs, illustrations, images, button icons, graphics, product names, designs, logos, blogs, articles, video material, digital downloads, data compilations, software, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Ferguson, or the party credited as the provider or owner of the Intellectual Property. Any use of the Intellectual Property without the written permission of Ferguson or the owner of the Intellectual Property is strictly prohibited.

The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Ferguson and protected by United States and international copyright laws. All software used to provide any service on the Website is the property of Ferguson or its software suppliers and protected by United States and international copyright laws. In connection with Your use of the Website, Ferguson grants You a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Website’s content for Your personal use. You agree not to modify or delete any copyright, trademark, or other proprietary notice. Ferguson may revoke this license at any time for any or no reason. Except as expressly authorized by Ferguson, You agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Website content and materials.

Ferguson’s trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by Ferguson in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ferguson. All other trademarks not owned by Ferguson that appear within the Website are the property of their respective owners, who may or may not be affiliated with Ferguson.

THIRD-PARTY SITES, PRODUCTS & SERVICES; LINKS. The Website may contain links to third party websites (“Third-Party Sites”) that are not owned, controlled, or operated by Ferguson.

THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES OR THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US AND NEITHER THESE TERMS OF USE NOR OUR PRIVACY POLICY APPLY TO SUCH THIRD-PARTY SITES. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE OPERATION OR CONTENT OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY FERGUSON. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY SITES. YOU ARE ENCOURAGED TO REVIEW THE AGREEMENTS AND POLICIES FOR ANY WEBSITE YOU CHOOSE TO ACCESS AND CONFIRM THAT THE TERMS ARE ACCEPTABLE TO YOU PRIOR TO YOUR USE.

DISCLAIMER; NO WARRANTIES; LIMITATION ON LIABILITY AND DAMAGES. a) ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE WEBSITE AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING A PRODUCT OR USING A SERVICE OFFERED ON THE WEBSITE. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A SPECIFIC PRODUCT DISPLAYED ON THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE, YOU SHOULD CONTACT THE PRODUCT MANUFACTURER OR SERVICE PROVIDER DIRECTLY. ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE FOR GENERAL REFERENCE PURPOSES ONLY. FERGUSON ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE.

b) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH e) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OF THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

c) YOU ALSO SPECIFICALLY AGREE THAT FERGUSON IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT FERGUSON AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY TIME.

d) ALSO SUBJECT TO PARAGRAPH e) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUP

Bradford White Miscellaneous Water Heater Parts

Availability

Brand

Product Type

Fuel Type

End Connection 1

Fitting Size 1

Pilot Assembly, Natural Gas

Pilot Assembly, Natural Gas

6 in. Flue Damper Comp With ADP Harn

Pilot Assembly, Natural Gas

Thermal Reset Switch, Red

Blower Assembly and Gas Valve Assembly

3 in. Concentric Vent Terminal Kit

6 in. Flue Damper Assembly

Burner Assembly Kit, Natural Gas

Control Board Assembly for RE2H50S, RE2H65T and RE2H65T

4 kW 240V/3 kW 208V Conversion Kit

6 kW 480V Conversion Kit

Thermostat Sensor

Pressure Switch for Bradford White M2TW50T/M2TW65T

Lower Thermostat Sensor for Bradford White ECO 7542 Commercial Gas Electronic Ignition

3 kW 240V Conversion Kit

4.5 kW 208V Conversion Kit

Pilot Assembly, Natural Gas

1.5 kW 120V Conversion Kit

3 kW 480V Conversion Kit

3/4 in inlet/ 3/4 in outlet 24V Gas Valve

Differential Pressure Switch for Bradford White PDX65S65F Water Heater

6 kW 277V Conversion Kit

5 kW 208V Conversion Kit

3/4 in. x 48 in. T&P Valve Discharge Pipe

3/4 in. Temperature & Pressure Relief Valve with 2-1/2 in. Extended Shank

4.5 kW 480V Conversion Kit

Pilot Assembly, Natural Gas

Pilot Assembly, Natural Gas

Extended Warranty Kit

Direct Spark Ignitor

36 in. Water Heater Enclosure

Pilot Assembly Kit, Natural Gas

Burner

Thermal Reset Switch, Red

3 kW 480V Conversion Kit

4 kW 240V/3 kW 208V Conversion Kit

26 x 26 x 74 in. Water Heater Enclosure

Motorized Damper

10-Cable Remote Control for NORITZ AMERICA NRC7646M2

4.5 kW 208V Conversion Kit

13.5 kW 277V Conversion Kit

Terms of Site Use