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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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS
LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD
INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY
FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE
PRICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF
THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
e) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN
IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO
THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S
LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S
NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE
LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
11. PLACING ORDERS THROUGH THE WEBSITE. a) Product Descriptions. Ferguson
attempts to provide product descriptions that are as accurate as possible.
However, Ferguson does not warrant that product descriptions or other
content of this Website is accurate, complete, reliable, current, or
error-free. If a product You purchase from us is not as described, Your
sole remedy is to return it in unused condition.
We have also made every effort to display as accurately as possible the colors
and finishes of the products that appear on the Website. However, as the actual
colors You see will depend on Your monitor, we cannot guarantee that Your
monitor's display of any color or finish will be accurate.
b) Product Availability. The availability, product packaging, quality, quantity,
price, discounts, charges, and fees for any product, service, or program found
on the Website are subject to change at any time without notice. Ferguson may
take any or all of the following actions at any time, with or without notice:
(1) limiting the availability of any product, service, or program; (2)
discontinuing any product, service, or program; (3) restricting any purchase;
(4) cancelling any purchase; or (5) refusing any order. Products may not be
available on Ferguson.com at all times. Some products may be subject to
additional terms, conditions, policies, and disclosures. If You order a product
that is out of stock, We will contact You to advise of the estimated shipping
date for back-order items, and to determine if any modification to Your order is
necessary. Ferguson may, in its sole discretion and with or without notice,
limit Your order or the quantity of a particular product that You may order.
Ferguson reserves the right to limit the quantity of items purchased per person,
per household or per order. These restrictions may be applicable to orders
placed by the same payment account and also to orders that use the same billing
and/or shipping address, or same email address. We will contact You should such
limits be applied. Ferguson also reserves the right to prohibit sales to
dealers.
c) Pricing. While Ferguson strives to provide accurate product and pricing
information, pricing or typographical errors may occur. In the event that an
item is listed at an incorrect price or with incorrect information due to an
error in pricing or product information, Ferguson shall have the right, at Our
sole discretion, to either contact You for instructions or cancel Your order and
notify You of such cancellation. Prices are in U.S. dollars and do not include
applicable taxes, if any. Promotional prices and discount offers are valid only
during the applicable period established for the program. Prices and
availability are subject to change without notice. Ferguson has the right to
cancel any order for products or services listed at an incorrect price due to
any error, whether or not the order has been confirmed. Ferguson will provide
notice to You when cancelling any such order.
d) Purchase Limits. Ferguson may, in its sole discretion, establish a spending
limit for Your account. Your payment card issuer may also establish spending
limits that affect Your right to place orders through the Website. You should
consult the cardholder agreement between You and Your payment card issuer to
determine what limits, if any, exist.
e) Updating or Cancelling an Order. Please note that there may be certain orders
that we are unable to accept and must cancel. We reserve the right, at Our sole
discretion, to refuse or cancel any order for any reason. Some situations that
may result in Your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by Our credit and fraud avoidance
department. We may also require additional verifications or information before
accepting any order. We will contact You if all or any portion of Your order is
canceled or if additional information is required to accept Your order. If Your
order is canceled after payment has been received, we will issue a credit by the
charged payment method for the amount of the charge, or by an alternate method
in Our sole discretion.
You cannot cancel an order on the Website; an order can be cancelled by You only
by speaking with a sales associate.
f) Method of Payment; Billing and Payments. You must make appropriate
arrangements to provide a valid method of payment, including without limitation
a valid credit or debit card, to order products through the Website. You
authorize Ferguson to charge Your chosen method of payment for all purchases
made through Your account on the Website, plus applicable taxes, fees and other
charges (including sales tax, service fee, and delivery charge). You represent
that You have the legal right to use any method of payment You provide, and You
agree to pay for any order through the Website placed by You or anyone using
Your account regardless of whether You authorized that person’s activities or
actions.
g) Reservation of Rights. When You place an order through the Website, it will
be subject to Ferguson’s acceptance. Ferguson may require verification of
information before accepting or fulfilling any order. An order number or order
confirmation does not indicate that Ferguson has accepted Your order. At any
time after receiving Your order, Ferguson may accept or decline it for any or no
reason and without liability to You or anyone else. If Ferguson cancels an order
for which Your method of payment has already been charged, Ferguson will issue a
refund to You. All returns and refunds for orders placed on the Website are
subject to Ferguson’s Returns and Cancellation Policy.
h) Delivery Terms. Ferguson will deliver Your order to the delivery address You
provide at the time of purchase. We will conclusively presume that anyone at the
delivery address who receives and accepts the delivery is authorized by You to
do so, regardless of whether You authorized that person’s actions or activities.
If no one is at the delivery address at the specified time nor any delivery
instructions provided for unattended (contactless) delivery or otherwise, We may
not deliver Your order, and You may be charged a restocking fee or the cost of
return shipping. In the case of unattended (contactless) deliveries, Your order
will be delivered to the delivery address provided at the time of purchase
regardless of whether someone is there to receive and accept delivery.
You are responsible for properly storing Your items promptly after delivery.
Ferguson cannot guarantee the quality of items that are not properly stored
promptly after delivery.
i) Pro Pick-up alternatives. "Pro Pick-Up" or "Pro Pick-Up within one hour" may
be available as an alternative to standard order delivery based upon the
product(s) ordered, store location, and local inventory. The Pro Pick-Up
alternatives that may be available for Your order, if any, will be identified at
checkout. "Pro Pick-Up" or "Pro Pick-Up within one hour" are limited to specific
hours that vary by store location, and Ferguson is not responsible and assumes
no liability for the failure or inability to complete a designated pick-up
within the applicable time period. Your Pro Pick-up location will default to the
store location designated on the website. If You would like to arrange for
pick-up at another location (where available), You may change to another
available store location. When ordering over the phone, advise the Ferguson
associate that you prefer to pick-up Your order, the preferred store location,
and the Pro Pick-Up alternative You would like to use for the order, and the
Ferguson associate will confirm availability, store location, and time for
pick-up. When ordering online, You will receive an order confirmation by email
or text (if You have opted-in to receive text messaging) confirming the
scheduled date and time that You order will be ready for pick-up at the
designated store location. If an order designated for "Pro Pick-Up" or "Pro
Pick-Up within one hour" is not picked-up from the designated store location
within three (3) business days from the date of availability provided at the
time of confirmation, Ferguson reserves the right, in its sole discretion and
without further notice to You, to cancel the order and return the product(s) to
inventory. If Ferguson cancels the order, We will issue a credit by the charged
payment method for the amount of the charge (less any restocking fee that may
apply), or by an alternate method in Our sole discretion.
12. INDEMNIFICATION; HOLD HARMLESS. You agree to indemnify and hold Ferguson,
its employees, officers, directors, investors, agents, assignees,
affiliates, partners, subsidiaries, contractors, attorneys, accountants,
advertisers, and any and all other individuals and organizations providing
services on behalf of Ferguson harmless from all claims, liabilities,
losses, damages, costs and expenses (including without limitation,
attorneys’ fees and expenses, and direct, incidental, consequential,
exemplary and indirect damages) arising out of, resulting from or relating
to Your use of the Website, Your breach or alleged breach of these Terms,
or Your violation of any rights of another user. Ferguson reserves the
right to assume or participate, at Your expense, in the investigation,
settlement and defense of any such action or claim.
13. DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY. AS SET FORTH BELOW,
YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM YOU MAY ASSERT BEFORE A
JUDGE OR JURY AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER
REPRESENTATIVE ACTION.
These Terms are governed by the laws of the State of Virginia, without regard to
its conflict of laws principles. You acknowledge and agree that any claims,
lawsuits, or other actions (collectively, “Claims”) arising under or relating in
any way to (i) these Terms (including without limitation interpretation, breach,
termination, or validity of the Terms), (ii) use of the Website, or (iii) any
products or services provided or sold by Ferguson, shall be subject to and
resolved solely through binding arbitration following rules established by the
American Arbitration Association. Any such arbitration proceeding shall be
brought on an individual basis and shall not be consolidated with any dispute of
any other party. You agree that neither You, nor Your representatives, shall
have the right or authority to bring any Claims on a class action basis or on
bases involving Claims brought in a purported representative capacity on behalf
of the general public, other users, or other persons similarly situated.
To the fullest extent permitted by law, You acknowledge and agree that You are
waiving the right to a trial by jury and to the litigation of disputes in state
or federal courts of general jurisdiction. You further acknowledge and agree
that any arbitration shall proceed on an individual basis only and not as a
class action or representative action, and You expressly waive the right to file
a class action or seek relief on a class basis.
14. ASSIGNMENT. You may not assign these Terms, or any of Your rights or
obligations hereunder, without the prior written consent of Ferguson.
Ferguson may assign all or any part of its rights and obligations under
these Terms, and any assignment will inure to the benefit of Our
successors, assigns, and licensees.
15. SEVERABILITY. If any provision of these Terms, including Our Privacy
Policy, is found invalid, illegal, or unenforceable by any court of
competent jurisdiction, the invalidity of such provision(s) shall not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect, as shall this agreement, as if such
invalid, illegal, or unenforceable provision(s) had never been a part of
these Terms. No waiver of any provision of these Terms shall be deemed a
further or continuing waiver of such provision or any other provision.
16. SURVIVABILITY. Sections 4 (Privacy), 8 (Ownership; Proprietary Rights), 12
(Indemnification; Hold Harmless), 13 (Dispute Resolution), 14 (Assignment),
15 (Severability), 17 (Headings), 19 (No Waiver), 20 (Children’s Online
Privacy Protection Act (“COPPA”) Notification), and 21 (Digital Millennium
Copyright Act) shall survive any termination of these Terms.
17. HEADINGS. All headings used in these Terms are for reference purposes only
and shall not be used to interpret, analyze, or construe these Terms or the
provisions set forth herein.
18. ENTIRE AGREEMENT. These Terms, including Our Privacy Policy, represent the
entire agreement between the Company and You regarding the use of the
Website. These Terms cancel and supersede all prior understandings between
the Company and You regarding the rights and obligations set forth herein.
No provision of these Terms shall be modified or amended except as
expressly stated within the Terms.
19. NO WAIVER. NO WAIVER OF ANY OF THESE TERMS BY FERGUSON IS BINDING UNLESS
AUTHORIZED IN WRITING BY AN OFFICER OF FERGUSON AUTHORIZED TO AGREE TO SUCH
WAIVER. IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY
SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES
OF THE SAME NATURE OR OF OTHER PROVISIONS OF THE TERMS AND WILL IN NO
MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE ALL TERMS AT A LATER
TIME.
20. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION. Our
Website is not designed or intended for use by persons under the age of 18.
Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that
parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist You in
limiting access to material that may be harmful to minors. Information
identifying current providers of such protections is available at the
Electronic Frontier Foundation website, http://www.eff.org.
21. DIGITAL MILLENNIUM COPYRIGHT ACT. Pursuant to Title II of the Digital
Millennium Copyright Act, all claims of copyright infringement for material
that is believed to be residing on the Website should be promptly sent in
the form of written communication to Ferguson by email to
customer.support@ferguson.com. All claims must include the following
information:
a) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at the Website are covered by a single notification,
a representative list of such works at the Website;
c) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity, and that is to be removed or to have access
disabled, and information reasonably sufficient to permit the material to be
located on the Website;
d) Contact information for the complaining party, including full name, postal
address, telephone number, and if available, an email address at which the
complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
f) A statement under penalty of perjury that the information in the notification
is accurate, and that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
22. CONTACT US. If You have any questions about these Terms, please contact Us
at:
Email: customer.support@ferguson.com
Phone: (888) 222-1785
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more information, please refer to our Privacy Policy and Cookie Policy.