TERMS OF USE

Welcome to FergusonHVAC.com. This site is provided by FergusonHVAC.com as a service to our customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms. FergusonHVAC.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of theFergusonHVAC.com web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of FergusonHVAC.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FergusonHVAC.com and protected by U.S. and international copyright laws. All software used on this site is the property of FergusonHVAC.com or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

FergusonHVAC.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FergusonHVAC.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FergusonHVAC.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) ofFergusonHVAC.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing FergusonHVAC.com name or trademarks without the express written consent of FergusonHVAC.com. You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by FergusonHVAC.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FergusonHVAC.com so long as the link does not portray FergusonHVAC.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FergusonHVAC.com logo or other proprietary graphic or trademark as part of the link without express written permission.

PRICING OR TYPOGRAPHICAL ERRORS

While FergusonHVAC.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. FergusonHVAC.com cannot confirm the price of an item until after you order. 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, FergusonHVAC.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, FergusonHVAC.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Online pricing reflects National Ferguson Showroom pricing within the contiguous United States.

COLORS AND FINISHES

We have made every effort to display as accurately as possible the colors, finishes and Room Views of our products that appear on the site. 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. Room Views are not necessarily shown to scale.

ORDER ACCEPTANCE

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. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping Policies” section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. 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 received, we will issue a credit by the charged payment method for the amount of the charge.

QUANTITY LIMITS AND DEALER SALES

FergusonHVAC.com 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 provide notification to the customer email and/or billing address provided should such limits be applied. FergusonHVAC.com also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Sales Department.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of FergusonHVAC.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit FergusonHVAC.com’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Virginia law as such law applies to agreements between Virginia residents entered into and to be performed within Virginia. Any action or proceeding arising out of or related to this Agreement or your use of this site will be subject to binding arbitration following rules established by the American Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.

MINORS

FergusonHVAC.com does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use FergusonHVAC.com only with consent of a parent or guardian. FergusonHVAC.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

INDEMNIFICATION

You agree to defend, indemnify and hold FergusonHVAC.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site in violation of these Terms of Use.

DISCLAIMER

THIS SITE IS PROVIDED BY FergusonHVAC.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. FergusonHVAC.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FergusonHVAC.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FergusonHVAC.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FergusonHVAC.com WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FergusonHVAC.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FergusonHVAC.com WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FergusonHVAC.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FergusonHVAC.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.