Terms of Service

Last Updated: March, 2004

Welcome to Bruce Building Company online! We have developed these Terms of Service to govern your use of BruceBuildingCompany.com. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit BruceBuildingCompany.com.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with BruceBuildingCompany.com, including for example text, photographs, images, illustrations, audio clips, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Bruce Building Company, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to BruceBuildingCompany.com, you may do so provided you agree to cease such link upon request from Bruce Building Company. No other use is permitted without prior written permission of Bruce Building Company. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BruceBuildingCompany.com, not to insert any code or product or manipulate the content of BruceBuildingCompany.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Membership and Registration. Certain areas of BruceBuildingCompany.com may require you to become a Member. As a Member you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your Membership if we believe the Membership is being abused. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access BruceBuildingCompany.com using your name in whole or in part without our permission. If you believe someone has accessed BruceBuildingCompany.com using your user name and password without your authorization, e-mail us immediately at the address listed below.

Transactions and e-commerce on our site.

On occasion, a product or service may not be available at the time or the price as it appears on our web listings or Affiliates advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information, you agree Bruce Building Company is not responsible for such errors or discrepancies.

Warning: a violation of the foregoing guidelines may be referred to law enforcement authorities.

Communications with Third Parties Through BruceBuildingCompany.com. Your dealings or communications through BruceBuildingCompany.com with any party other than Bruce Building Company are solely between you and that third party. For example, certain areas of BruceBuildingCompany.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Bruce Building Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

During your visit to BruceBuildingCompany.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. BruceBuildingCompany is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitation of Liability: While Bruce Building Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.

IN NO EVENT SHALL BRUCE BUILDING COMPANY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRUCE BUILDING COMPANY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BRUCE BUILDING COMPANY AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF BruceBuildingCompany.com; (2) ANY VIOLATION OF THIS AGREEMENT BY YOU.

Miscellaneous: Bruce Building Company reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of BruceBuildingCompany.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

Bruce Building Company may modify, suspend, discontinue or restrict the use of any portion of BruceBuildingCompany.com, including the availability of any portion of the Content at any time, without notice or liability. Bruce Building Company may deny access to any person or user at any time for any reason. In addition, Bruce Building Company may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Bruce Building Company or any of their assets.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to BruceBuildingCompany.com must be filed in a federal or state court located in Detroit, Michigan, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Bruce Building Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Bruce Building Company, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

Contact Us. To contact Bruce Building Company, please use the following:

Bruce Building Company
35980 Woodward Avenue Suite 200
Bloomfield Hills, MI 48304
(248) 594-4445
bbcinfo@brucebuildingcompany.com

Copyright 2005 Bruce Building Company
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