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:
Children and Minors
This Website is not intended for or directed to anyone under the age of 13. You must be at least 18 years of age to create an account, to place an order, or to submit or post User Content on this Website.
When you use this Website or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email, by posting notices on this Website, or through your account on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any Site Content, in whole or in part; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any Site Content; (iii) monitor user activities on this Website 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.
This Website and all Site Content are the property of TopBuild and/or our 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 us, 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 Website or any Site Content, for any purpose or in any medium.
All Marks appearing on this Website belong exclusively to TopBuild 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 us 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 Website grants you any right or license under any copyright, trademark, patent or other intellectual property of TopBuild 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 us to access and use this Website, 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 us; (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 TopBuild or any of TopBuild products or services, on the other hand; and (iv) you do not use any Site Content for any purpose that is competitive with TopBuild or any of TopBuild products or services.
You may not:
Your use of this Website 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 Website.
Use of Software
If you acquire or download any Software from this Website, 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:
Registration and Account
Registration may be required to access certain areas of this Website. You understand and acknowledge that we 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 Website, 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 Website, 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.
If you choose to submit ideas, proposals, suggestions, recommendations, comments, feedback, etc. to us on this Website, you acknowledge and agree to the following:
Sweepstakes, Contests, etc.
We may from time to time conduct sweepstakes, contests, games and other prize promotions on this Website. Participation in such sweepstakes, contests, games and other prize promotions will be subject to our published official rules.
Links to Third-Party Websites
Linking to This Website
You may link to this Website, but subject to the following conditions:
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY TOPBUILD AND Except where prohibited by applicable law:
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 TOPBUILD AND OUR 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 WEBSITE 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.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TOPBUILD AND OUR 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 WEBSITE 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 WEBSITE, OR BETWEEN YOU AND A THIRD PARTY.
TOPBUILD AND OUR 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 TOPBUILD AND OUR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
We, in our sole discretion, may terminate your account and your access to this Website at any time and for any reason, including if we believe 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) we 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) we shall not be liable to you or any third party for any termination of your account and your access to this Website, and shall not be required to make any account information or files available to you after such termination.
This Website is operated by us in and from the United States. We do not represent or warrant that this Website or any Site Content is appropriate or available for use in locations outside the United States of America. If you access this Website from a jurisdiction outside the United States, 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 Website.
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 laws provisions thereof). You and TopBuild 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 Website (including any purchase you make on this Website).
Any dispute or claim relating to your use of this Website 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) TopBuild 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:
260 Jimmy Ann Drive,
Daytona Beach, FL 32114
Attn: General Counsel / 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. TopBuild will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. TopBuild 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 TOPBUILD 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 TOPBUILD each waive any right to a jury trial.
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 Website, please send an e-mail to [email protected]. You may also contact us by writing to 260 Jimmy Ann Drive, Daytona Beach, FL 32114, or by calling us at 386.304.2200. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The information contained on the 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 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”).
Statements in any news release of TopBuild contained on the 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 TopBuild’s current annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of TopBuild filed with the SEC. Copies of the most recent reports and other filings of TopBuild can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from TopBuild. TopBuild 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.