Terms & Conditions of Use

These terms and conditions govern your use of the store.sbsalaska.com website (the “Site”). Your use the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”).

Your use of the Site constitutes your acceptance of the Terms.  This Site may only be used by you within the State of Alaska and its use in any other State is prohibited. By accepting the Terms through your use of the Site, you certify that you are either using it only in the State of Alaska and are (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

You agree that you will not do any of the following (collectively, the “Code of Conduct”):

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site

Use the Site or content on or from the Site for any unlawful purpose or from any location outside the State of Alaska.

Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Spenard’s or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so

Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully

Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site

Remove any copyright, trademark or other notices of proprietary rights contained on the Site

“Frame” or “mirror” any part of the Site without Spenard’s prior written authorization

Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents

Harvest or collect information about Site visitor

The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Spenard or any of its affiliates, subsidiaries or agents.

Spenard does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.

All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.

Spenard and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Spenard believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Spenard, its subsidiaries, or its affiliates, or for any other reason.

Spenard and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.

Receiving an order acknowledgement via email does not guarantee the acceptance of an order.

All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Spenard delivery of the items or products to the carrier.

All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Spenard or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.

The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Spenard and protected by applicable copyright laws.

Spenard grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Spenard and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Spenard or any third party's intellectual property rights.

The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Spenard or its affiliates or subsidiaries of such website or of any association with such websites’ operators.

Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.

As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Spenard and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant to Spenard and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media  (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, if it is an affiliate of Spenard. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Spenard may use submitted Content in any manner that Spenard deems appropriate or necessary in its sole discretion.  Spenard and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.

You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Spenard is not responsible for any Content that you submit to the Site.

By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Spenard and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Spenard.

Spenard does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Spenard does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Spenard reserves the right to remove any Content from the Site without notice and in Spenard’s sole discretion.

If you believe any materials accessible on or from the Site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Spenard’s designated Copyright Agent (identified below), which sets forth the following information:

Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work

Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Spenard to locate the material

Your name, address, telephone number and, if available, e-mail address

A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law

 statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf

A physical or electronic signature of the copyright holder or authorized representative

 

•The Copyright Agent designated by Spenard to receive notifications of claimed infringement is:

 

Mark Butterman, General Counsel

Spenard Builders Supply

c/o ProBuild Holdings LLC

Suite 500

7595 Technology Way

Denver, CO 80210

303-262-8323

Mark.butterman@probuild.com

 

Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to OnlineSales@SBSAlaska.com

You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.

You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Spenard, all of Spenard’s subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Spenard and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Spenard, or Spenard licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.

You expressly acknowledge and agree that Spenard shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Spenard does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.

You agree that Spenard and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Spenard and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.

You agree to indemnify, defend and hold harmless Spenard and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party;  and / or (3) your activities or omissions in connection with the Site.

Your use of the Site is unauthorized in any jurisdiction other than the State of Alaska. Use of the Site in any jurisdiction other than Alaska is prohibited.

We may collect the names and user names of our customers and other visitors. Additionally, we may collect your purchase history, billing and shipping addresses, phone numbers, email addresses, and other digital contact information. We may also collect information that you provide us about others.

When you make a purchase we collect your payment information, including information from your credit or debit card, check, PayPal account or gift card.   

  We may collect information about products or services you like, reviews you submit, or where you shop.  We might also collect information like your age or gender.     

If you use our websites, we may collect information about the browser you are using.  We might track the pages you visit, look at what website you came from, or what website you visit when you leave us. 

 We collect information directly from you.  The following are a few examples of when we collect information from you:

• During website or survey registration

• In connection with an online or in-store purchase

• If you use an online forum, submit a question or answer to our Product Q & A or provide us with comments or reviews

•If you upload a photo or other digital content through one of our websites or applications

•If you participate in a sweepstakes, contest, clinic or workshop

•If you rent equipment or vehicles or request warranty or other information

•If you return a product or use a rebate

•If you request we send you an electronic copy of your in-store receipt

We collect information from you passively. We may use tracking tools like browser cookies, flash cookies, and web beacons.

We collect information from other sources. We may get information about you from third party business partners, like an updated address from a shipping vendor.  We may collect information about you from a friend. For example, if your friend purchases something for us to send to you.

We use the information we collect for our business purposes, including:

To respond to your questions and requests. Examples include:

Fulfilling orders or providing services

Entering you into a sweepstakes or sending you prizes you might have won 

Registering you for a particular website, loyalty program, or extended warranty service or providing you with information regarding such programs or services

Processing a return

Responding to a product or service review

To improve our products and services. We may use your information to make website or product and service improvements.

To look at website trends and customer interests. We might use your information to customize your experience with us. We may also combine information we get from you with information about you we have received from third parties to assess trends and interests.

                We may use your information to make website or product and service improvements.   

To look at website trends and customer interests.

We might use your information to customize your experience with us. We may also combine information we get from you with information about you we have received from third parties to assess trends and interests.

To communicate with you about your account or our relationship

We may contact you to tell you about changes to this Privacy and Security Statement, the Terms of Use of our websites or mobile applications, or changes to any of our programs in which you might be enrolled. We may also tell you about issues with your orders or if there is a product recall.

For other uses we may disclose to you.

We may share your information for our business purposes and as legally required or permitted, including:

With third parties who perform services on our behalf.

We share information with our service providers, such as our delivery service providers who ship and deliver your online orders. We might also authorize our service providers to collect information on our behalf.  Some service providers may be located outside of the United States.  We might also share information with the vendors and manufacturers of our products and services to respond to your reviews and questions.

With any successor to all or part of our business.  For example, if all or part of our business is sold we may sell our customer list as part of that transaction.

If we think we have to in order to comply with the law.  For example, we will disclose information to respond to a court order or subpoena.  We may also disclose information if a government agency or investigatory body requests it.

We will disclose information if we suspect fraud.  We will also share information as part of an investigation.

When you place orders on our websites, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our websites from capturing and viewing your personal information.

While we use industry standard means to protect our websites and your information, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot promise that your use of our websites or mobile applications will be completely safe.  We encourage you to use caution when using the Internet. Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password.

You agree that Spenard may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Spenard will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Spenard through the Site may be subject to legal process (e.g., a subpoena) by Spenard or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Spenard will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Spenard may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.

You agree that Spenard may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

Any actual or alleged waiver by Spenard of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

A printed version of this agreement and / or any notice given by Spenard in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Spenard in printed form.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.