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TruTeam

Terms of Use

Last updated July 15, 2015 

Welcome to the TruTeam.com website (this “Site”), which is operated and maintained by TruTeam. The following Terms of Use (“Terms”) apply to your use of this Site. Please read them carefully! By using this Site, you accept and agree to be bound by these Terms. 

 
 

IMPORTANT NOTE:These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.  Please see the “Disclaimer of Warranties”, “Limitation of Liability and Arbitration Agreement” sections below for more information. 

 

 
 

Unless the context indicates otherwise, as used in these Terms: 

  • TruTeam,”we,” “us,” and “our” mean, collectively, TruTeam and its parent company, TopBuild Corp., and other affiliated companies, including its and their respective successors and assigns; 
  • Marks” means, collectively, any and all trademarks, service marks, logos, trade names, product packaging designs, label designs, advertising/marketing messages, taglines, slogans, emblems, and other source identifiers of TruTeam and/or third-party licensors, whether registered or unregistered, that appear on this Site; 
  • Software” means, collectively, any and all software programs, applications, features and functionalities (including associated source code and object code) provided on or through, contained within, or making up this Site, including, without limitation, mobile apps and social media applications; 
  • Site Content” means, collectively, any and all text, publications, documents, photographs, graphics, designs, layouts, Marks, audio and video presentations, advertisements, product and service descriptions and images, data collections and compilations, directories, listings, search results, Software, and other material (whether or not in downloadable form) provided on or through, contained within, or making up this Site; and 
  • User Content” means any material originated by users of this Site, including, without limitation, user-originated messages, communications, reviews, comments, information, etc., but excluding any material that is reproduced, derived or modified from Site Content. 

  

Privacy 

TruTeam respects user privacy. Please review our Privacy Policy which describes our data collection, use, sharing, and security practices associated with this Site. 

  

Children and Minors 

This Site is not intended for or directed to anyone under the age of 18. You must be at least 18 years of age to create an account, to make a purchase, or to submit or post User Content on this Site. 

  

Electronic Communications  

When you use this Site or send emails to TruTeam, you are communicating with TruTeam electronically. You consent to receiving communications from TruTeam electronically. TruTeam will communicate with you by email, by posting notices on this Site, or through your account on this Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that TruTeam provides to you electronically satisfy any legal requirement that such communications be in writing. 

  

Reservation of Rights  

TruTeam reserves the right at any time, in TruTeam sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Site or any Site Content, in whole or in part; (ii) restrict, limit, suspend or terminate any user’s access to this Site or any Site Content; (iii) monitor user activities on this Site to verify and ensure user compliance with these Terms and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms or any applicable law and cooperate with authorities in such investigation. 

  

Intellectual Property   

This Site and all Site Content are the property of TruTeam and/or third-party licensors, and are protected by United States and international copyright, trademark, patent, and other intellectual property rights and laws. Except as expressly permitted by these Terms or applicable law, or otherwise authorized in writing in advance by TruTeam, you may not copy, reproduce, download, display, modify, translate or otherwise create derivative works based (whether in whole or in part) on, rent, lease, loan, sell or distribute any portion of this Site or any Site Content, for any purpose or in any medium. 

All Marks appearing on this Site belong exclusively to TruTeam and/or our third-party licensors and, except as expressly permitted by these Terms or applicable law, or otherwise authorized in writing in advance by TruTeam and/or its third-party licensors (as applicable), may not be used or reproduced for any purpose or in any medium. 

Except as expressly otherwise stated herein, nothing in these Terms or on this Site grants you any right or license under any copyright, trademark, patent or other intellectual property of TruTeam or any third party. Unauthorized use of intellectual property is expressly prohibited and may be a violation of law. 

  

Permitted and Prohibited Uses  

Subject to your compliance with these Terms, and only for so long as you are permitted by TruTeam to access and use this Site, you may view and make one electronic or paper copy of the Site Content, provided that: (i) you use Site Content only for your own personal, informational and non-commercial purposes and/or for purposes of conducting a business transaction or maintaining a business relationship with TruTeam; (ii) you keep all Site Content related copyright, trademark and other proprietary notices intact; (iii) you do not modify any Site Content; (iv) you do not use any Site Content to falsely suggest or imply sponsorship, endorsement, approval, affiliation or association between you or any of your product or services, on one hand, and TruTeam or any of TruTeam products or services, on the other hand; and (iv) you do not use any Site Content for any purpose that is competitive with TruTeam or any of TruTeam products or services. 

 

You may not: 

  • Use or access this Site or any Site Content in violation of these Terms or any applicable law; 
  • Decompile, disassemble, reverse engineer, or attempt to discover the source code or trade secrets of this Site or any Software; 
  • Interfere in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; or breach or circumvent firewall, encryption, security or authentication routines; or access, use or retrieve data not intended for you, or access another user’s account without permission; 
  • Restrict or inhibit any other visitor or member from using this Site, including, without limitation, by means of “hacking” or defacing any portion of this Site; 
  • Use this Site or any Site Content for any fraudulent or unlawful purpose; 
  • Impersonate any person or entity, including without limitation any representative of TruTeam; or falsely state, suggest, imply or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity; 
  • Falsify account information; or create (or attempt to create) multiple accounts on this Site (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts); 
  • Submit, upload, post or transmit any User Content that is unlawful, criminal, threatening, harassing, abusive, profane, obscene, vulgar, pornographic, offensive, violent, tortious, fraudulent, false, misleading, defamatory, libelous, hateful, or discriminatory; or violates intellectual property, privacy, publicity, or other rights of any person or entity; or reveals or discloses another’s trade secret or confidential information without authorization to do so; or solicits, encourages, or provides instructions on illegal activities such as “hacking,” “cracking,” or “phreaking”; or contains advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as expressly otherwise permitted by us); or contains viruses, worms, Trojan horses, defects, date bombs, time bombs, or other harmful or disruptive material; 
  • Engage in spamming or flooding; 
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights notices appearing on, within, or in connection with this Site or any Site Content; 
  • Either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, circumvent, avoid, or interfere with any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with this Site or any Site Content, including geo-filtering mechanisms; 
  • “Frame” or “mirror” or otherwise create a browser or border environment around any Site page or any Site Content, or deep-link to any Site Content or any internal page of this Site, without our express prior written consent; 
  • 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 this Site or any Site Content; notwithstanding the foregoing, TruTeam grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, and TruTeam reserves the right to revoke these exceptions either generally or in specific cases; 
  • Use this Site to advertise or offer to sell or buy any goods or services without our express prior written consent; 
  • Create a database by systematically downloading and storing Site Content; 
  • Solicit, harvest or collect information from or about other Site users without their express consent; or 
  • Use any of our or our third-party licensors’ Marks in an unauthorized manner (including as meta tags or ad keywords). 

  

Your use of this Site is expressly conditioned on your compliance with the rules of conduct set forth in this section. Your failure to comply with such rules may result in immediate termination of your access to this Site. 

 

Use of Software  

If you acquire or download any Software from this Site, you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:  

    (i) The Software is licensed on a limited basis by TruTeam (or the applicable third-party licensor) to you for your own internal use only.  

   (ii) Title to the Software is not transferred to you. All right, title and interest in and to the Software (including all copyrights, patent rights, trade secret rights, and other intellectual property rights) will remain with TruTeam or the applicable third-party licensor of the Software. 

   (iii) You are allowed to make a single copy of the Software for your own internal use, and may not make any additional copies of the Software, in whole or in part.   

   (iv) You may not modify, sell, offer to sell, distribute, disseminate, transfer, transmit, translate, reverse engineer, decompile or disassemble the Software, in whole or in part.  

   (v) You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software. 

    (vi) You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.  

   (vii) All Software provided on this Site is subject to United States export control laws and regulations. No Software may be downloaded from this Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading, installing or using any Software obtained from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.  

   (viii) You acknowledge that, unless expressly otherwise stated in writing by TruTeam, TruTeam provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is solely and entirely at your own risk. 

  

Registration and Account  

Registration may be required to access certain areas of this Site. You understand and acknowledge that TruTeam may reject a username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.  

By creating an account on this Site, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for keeping your account login information secure and are responsible for all uses of your account login information. You should keep your account login information in a safe place and not to divulge it to anyone. You agree not to transfer your account login information, or lend or otherwise transfer your use of or access to this Site, to any third party. Remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. 

  

User Content  

Certain areas of this Site may allow for submission or posting of User Content, and User Content submitted or posted in such areas may be viewable or accessible to other users of this Site or to the general public.  

You own any User Content originated by you, and TruTeam does not claim ownership rights in your User Content. However, by submitting User Content to this Site (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:  

(i) To submit User Content to this Site, you must be at least 18 years of age.  

(ii) By submitting User Content to this Site, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that violates any third-party right or any applicable law.  

(iii) By submitting User Content to this Site, you grant to TruTeam and their successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity). The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Site or delete the submitted User Content from your account. 

(iv) By submitting User Content to this Site, you acknowledge and agree that: (1) your submission is not being made in confidence or in trust, and no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and TruTeam by reason of your submission; (2) TruTeam and their successors and assigns are under no obligation whatsoever to use your submitted User Content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of TruTeam and their successors and assigns; (3) if TruTeam and their successors and assigns decide to make any use of your submitted User Content, TruTeam and their successors and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval or inspection of any kind whatsoever with respect to any such use; (4) other persons, including, without limitation, employees and contractors of TruTeam and their successors and assigns, may have independently developed, or may hereafter independently develop content or material that is identical or similar to your submitted User Content, and content or material that is identical or similar to your submitted User Content may have already been, or may hereafter be, in the public domain; and (5) your submission is not returnable and may be retained indefinitely by TruTeam and their successors and assigns.  

(v) By submitting User Content to this Site, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, TruTeam and their successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.  

(vi) By submitting User Content to this Site, you waive the right to assert against TruTeam and their successors and assigns, and you release and forever discharge IDEALand their successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.  

(vii) Your submission is subject to such additional rules and guidelines as may be prescribed by TruTeam and their successors and assigns. 

   

User Content – Right to Remove; No Obligation to Monitor  

TruTeam reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in their sole judgment, violates these Terms or any applicable law, or may expose or subject TruTeam to liability of any kind, or may adversely affect the reputation or goodwill of TruTeam.  

TruTeam assumes no responsibility for monitoring this Site for inappropriate User Content or conduct. If at any time TruTeam elects to monitor this Site, TruTeam nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility or liability for any User Content or the conduct of any user. 

  

User Content – Notification of Claims of Copyright Infringement  

In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), TruTeam will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. TruTeam also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Site who are determined to be repeat infringers.  

Designated Agent: In compliance with the DMCA, the following is TruTeam’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this Site: 

 

By mail: 

TruTeam
 

Attn: General Counsel  

260 Jimmy Ann Drive  

Daytona Beach, FL 32114  

  

By Telephone: 386-304-2088 

By Email: legal@ TruTeam.com 

  

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Site, please notify the Designated Agent listed above in writing and provide the following requisite information:  

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(2) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; 

(3) 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 access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 

(4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 

(5) 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 

(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted or posted by you on this Site, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:  

(1) your physical or electronic signature; 

(2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 

(3) a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and 

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Florida, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person. 

  

If TruTeam receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.  

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages. 

  

Making Purchases  

If you wish to purchase a product or service described on this Site, the following additional terms and conditions will apply:  

(i) When placing an order through this Site, you will be asked to provide certain information applicable to your purchase, including, without limitation, your credit card or online payment account information and your contact and shipping information. By submitting such information, you grant TruTeam the right to provide such information to third parties for purposes of processing and fulfilling your purchase, and you understand and acknowledge that such information will be treated as described in TruTeam’s Privacy Policy.  

(ii) To make a purchase, you must be at least 18 years of age and the holder of a valid credit card or online payment account acceptable to TruTeam or the applicable third-party product/service provider. By placing an order you represent and warrant that all information and details you provide are true and accurate, that you are authorized to use the credit card or online payment account that you use to place the order, and that there are sufficient funds in such credit card or online payment account to cover the cost of the purchase (including the purchase price, shipping and handling costs, and applicable taxes).  

(iii) All orders are subject to acceptance in TruTeam’s sole discretion. Verification of information applicable to a purchase may be required prior to TruTeam’s acceptance of any order. TruTeam reserves the right to refuse or cancel any order for any reason.  

(iv) It is your responsibility to comply with all applicable laws (including minimum age requirements) regarding your purchase, possession and use of any item purchased from this Site. By placing an order with us, you represent and warrant that all items ordered will be used in a lawful manner and consistent with these Terms and TruTeam’s other requirements and policies. TruTeam reserves the right, with or without prior notice, to limit the order quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to sell or provide any product or service to anyone.  

(v) Product/service availability is subject to change without notice. TruTeam does not guarantee the availability of any product or service described on this Site. TruTeam reserves the right, with or without prior notice, to change or discontinue the offering of any product or service. Descriptions and images of and references to third-party products or services on this Site do not represent or imply TruTeam’s endorsement of such third-party products or services, and TruTeam reserves the right, with or without prior notice, to change such descriptions, images and references.  

(vi) All prices advertised are subject to change without notice. We make reasonable efforts to display product/service price information on this Site as accurately as possible, but errors may and do occur. If we discover an error in the price of any product or service you have ordered, we will inform you of this as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is canceled and you have already paid for the product or service, you will receive a full refund.  

 (vii) We make reasonable efforts to display our product information, including colors (where applicable), as accurately as possible, but errors may and do occur. Product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects. Certain product information, such as weights and measurements, displayed on this Site represents approximation and is provided for convenience only. Because actual colors you see depend on your computer monitor or mobile device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual product color or finish.  

(viii) Refunds and exchanges will be subject to TruTeam’s refund and exchange policies then in effect. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is complete and compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.  

 (ix) Other terms, conditions and restrictions as specified by TruTeam may apply to your purchase made through this Site. 

  

Sweepstakes, Contests, etc.  

TruTeam may from time to time conduct sweepstakes, contests, games and other prize promotions on this Site. Participation in such sweepstakes, contests, games and other prize promotions will be subject to TruTeam’s published official rules. 

  

Links to Third-Party Websites  

This Site may contain links to other websites (“Linked Sites”), which are not owned or operated by TruTeam. TruTeam has no control over the Linked Sites and accepts no responsibility for the Linked Sites or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites, and not these Terms or TruTeam Privacy Policy. 

  

Linking to This Site  

You may link to this Site, but subject to the following conditions: 

  • Your link must be a text-only link; 
  • You do not frame or otherwise create a browser or border environment around any page of this Site or any Site Content; 
  • You do not deep-link to any Site Content or any internal page of this Site; 
  • You do not link to any live stream or live streaming event on this Site (except with TruTeam’s express prior written consent); 
  • You do not use any TruTeam logo or design mark in or as your link; 
  • You do not link to this Site from any pornographic or sexually oriented website; 
  • You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, TruTeam; 
  • You do not publish false, misleading or inaccurate information about, or otherwise disparage, TruTeam, this Site, or any Site Content; 
  • TruTeam is under no obligation to support your link. 

     

Disclaimer of Warranties  

EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY TruTeam AND Except where prohibited by applicable law:  

(i) TruTeam MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY SITE CONTENT. 

(ii) THIS SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 

(iii) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TruTeam DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ALL SITE CONTENT.  

(iv) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TruTeam DOES NOT WARRANT THAT THIS SITE AND ALL SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL SITE CONTENT ENTIRELY AT YOUR OWN RISK.  

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES. 

  

Limitation of Liability  

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TruTeam AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY SITE CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

  

User Indemnity  

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TruTeam AND THEIR SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS SITE OR ANY SITE CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT SUBMITTED OR POSTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER USER OF THIS SITE, OR BETWEEN YOU AND A THIRD PARTY.  

TruTeam AND THEIR SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH TruTeam AND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES. 

  

Termination  

TruTeam, in their sole discretion, may terminate your account and your access to this Site at any time and for any reason, including if TruTeam believes that you have violated or acted inconsistently with the letter or spirit of these Terms or any applicable law. Upon such termination, all rights and licenses granted to you under these Terms will immediately cease and terminate. You acknowledge and agree that: (i) any such termination may be effected without prior notice; (ii) TruTeam may immediately deactivate and terminate your account, including removing all information and files associated with your account and barring any further access to such information and files; (iii) TruTeam shall not be liable to you or any third party for any termination of your account and your access to this Site, and shall not be required to make any account information or files available to you after such termination. 

  

International Use  

TruTeam provides this Site in and from the United States of America. TruTeam does not represent or warrant that this Site or any Site Content is appropriate or available for use in locations outside the United States of America. If you access this Site from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Site. 

  

Governing Law  

These Terms are governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A. (without regard to the conflict of law’s provisions thereof). You and TruTeam agree that the United Nations Convention on Contracts for the International Sale of Goods shall NOT apply to these Terms or your use of this Site (including any purchase you make on this Site). 

  

Arbitration Agreement  

Any dispute or claim relating to your use of this Site, including any purchase you make on this Site, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) TruTeam may bring actions in court to enforce intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to these Terms.  

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would.  

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:  

TruTeam  

260 Jimmy Ann Drive 

Daytona Beach, FL 32114 

Attn: Legal / Arbitration Notice 

  

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. TruTeam will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. TruTeam will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. 

  

YOU AND TruTeam EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TruTeam EACH WAIVE ANY RIGHT TO A JURY. 

  

Notice for California Users  

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding this Site, please send an email to legal@TruTeam.com. You may also contact us by writing to TruTeam Legal or by calling us at 386-304-2088. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 

  

Investment Information  

The information contained on this Site may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of our parent company, TopBuild Corp., or for any related purpose. TopBuild Corp. is a publicly held Delaware Corporation and files quarterly and annual reports with the United States Securities and Exchange Commission in Washington, D.C. (“SEC”). 

  

Forward-Looking Statements  

Statements in any news release of TruTeam contained on this Site or communicated orally or in writing that concern us or our management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements include, without limitation, statements that (a) include the words “believes,” “expects,” “anticipates,” “estimates” or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Important factors and risks are described in our parent company’s (TopBuild Corp.’s) current annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of TopBuild Corp. filed with the SEC. Copies of the most recent reports and other filings of TopBuild Corp. can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from TopBuild Corp. TruTeam expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent. 

  

Questions  

We welcome questions, comments and other feedback about these Terms, this Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. If you have any questions or comments, please email us at marketing@TruTeam.com or call Customer Care at 386-304-1358. 

  

Miscellaneous 

These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will control in the event of a conflict with such additional terms (unless expressly otherwise indicated). These Terms and such additional terms, together with TruTeam’s Privacy Policy, constitute the entire agreement between you and TruTeam regarding your use of this Site, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and TruTeam relating to this Site. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms shall not affect the enforceability of those portions deemed enforceable by applicable courts of law. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TruTeam. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without TruTeam’s express prior written consent. TruTeam may assign, transfer or sublicense any or all of their rights or obligations under these Terms without restriction. Notices to you may be made via posting to this Site, by email, or by postal mail, in TruTeam’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TruTeam will not be responsible for failures to fulfill any obligations due to causes beyond its control. If any provision contained in these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions contained in these Terms, all of which shall remain in full force and effect. No waiver of any provision contained in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and TruTeam’s failure to assert any right, claim or provision under these Terms shall not constitute a waiver of such right, claim or provision. 

 

1Savings vary. Find out why in the seller’s fact sheet on R-values. Higher R-values mean greater insulating power. 2energystar.gov/index.cfm?c=home_sealing.hm_improvement_methodology. 3With all noise control products, solid core doors are recommended. 4Lennox® is a registered trademark of Lennox International, Inc. 5ENERGY STAR® is a registered trademark of the U.S. Environmental Protection Agency. 6ClosetMaid® is a registered trademark of Emerson Electric Co. 7Blow-In-Blanket System® is a registered trademark of Blow In Blanket LLC. 8Icynene® is a registered trademark of Icynene, Inc. 10Superior® is a registered trademark of Lennox International, Inc. 11Northwest Door® is a registered trademark of Northwest Door. 12Environments For Living® is a registered mark of TopBuild Home Services. 13EnergyComplete® is a trademark of Owens Corning. 14Wayne-Dalton® is a registered trademark of Wayne-Dalton. 15Milgard® is a registered trademark of Milgard Manufacturing, Inc. 16Core-Fill 500™ is a trademark of Tailored Chemical Products, Inc. 17Cafco® and Blaze-Shield II® are registered trademarks of Isolatek International. 18Gutter Helmet® is a registered trademark of Southeastern Metals Manufacturing Company, Inc. 19Lennox™ Estate™ Series are trademarks of Lennox International, Inc. 20Amarr® is a registered trademark of Amarr Garage Doors. 21QualityCabinets™ is a trademark of Masco Cabinetry LLC. 22Delta® is a registered trademark of Delta Faucet Company. 23Peerless® is a registered trademark of Delta Faucet Company. 24Brizo® is a registered trademark of Delta Faucet Company. 25THE PINK PANTHER ™ & © 1964-2011 Metro-Goldwyn-Mayer Studios Inc. All Rights Reserved. The color PINK and the Owens Corning logo are registered trademarks of Owens Corning.