Terms and Conditions of Service
Your use of this website constitutes your agreement to follow these Terms and Conditions and our Privacy and Security Policies without modification and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the busybeaver.com website.
This website is operated by Busy Beaver Building Centers, Inc. All inquiries may be directed to:
Busy Beaver Building Centers, Inc.
3130 William Pitt Way
Pittsburgh, PA 15238
This Site and the materials within it are © Busy Beaver Building Centers. Viewing this site creates a copy Busy Beaver Building Centers materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
The content you see and hear on the busybeaver.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, text, logos, button icons and software are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Busy Beaver Building Centers or by third parties who have licensed their materials to Busy Beaver Building Center. The Busy Beaver logo is a registered trademark of Busy Beaver Building Centers, Inc. All of the content of this website is copyrighted, as a collective work under U.S. and other applicable or international copyright laws, and Busy Beaver Building Centers, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the content.
The content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site – well-meaning DIYers just like you.
Busy Beaver grants you permission to view and use content and software made available to you on the site in connection with your use of the site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Busy Beaver Building Centers.
Use License/Use of the Site
The Busybeaver.com website is for the sole use of individuals and entities wishing to review, consider, purchase, or otherwise engage in retail transactions involving Busy Beaver’s goods and services and/or to otherwise transact business with or contact Busy Beaver, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). Busy Beaver grants you permission to view this site and to print individual pages from this site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this site. In addition, as a condition of your use of this site, you represent and warrant to Busy Beaver that you will not use this site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree to accept without modification the notices, terms and conditions set forth herein, do not use this site. Other than this agreement and agreements between you and Busy Beaver relating to the sale of products or services to you through this site, Busy Beaver will not enter into any agreement with you or obligation to you through this site and no attempt to create such an agreement or obligation will be effective.
No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified, or otherwise affected, by any third party on behalf of such individual customer. In particular, Busy Beaver expressly prohibits third parties from opting out of Busy Beaver’s services and/or contacts on behalf of a Busy Beaver customer or other person or entity, without both (a) Busy Beaver’s full knowledge as to the surrogate action being taken and (b) Busy Beaver’s express permission. This prohibition is intended to protect the privacy and freedom of Busy Beaver’s customers and the personal relationship Busy Beaver works to develop with its customers and others authorized to use its site.
Busybeaver.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Busy Beaver and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Busy Beaver believes that customer conduct violates applicable law or is harmful to the interests of Busy Beaver and its subsidiaries.
The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Busy Beaver and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of Your Account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under Your Account or password.
Busy Beaver may, but is not obligated to, monitor or review any Comments. Busy Beaver shall have no obligations to use, return, review, or respond to any Comments. Busy Beaver will have no liability related to the content of any such Comments whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Busy Beaver retains the right to remove any or all Comments that include any material Busy Beaver deems inappropriate or unacceptable.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Busy Beaver may have at law or in equity, if Busy Beaver reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Busy Beaver may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. Busy Beaver will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You or we may suspend or terminate Your Account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
Links to Other Websites
The Busybeaver.com site may contain links to other websites so that you may learn more about the products available at Busy Beaver and other matters that Busy Beaver feels may be of interest to you. Such links are provided for your reference only. While Busy Beaver will make commercially reasonable efforts to ensure that these websites will meet your approval, Busy Beaver does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Busy Beaver website is linked. Busy Beaver’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator, or sponsor, nor does Busy Beaver’s inclusion of the links imply that Busy Beaver is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Busy Beaver makes no representations whatsoever about any other site you may access through Busybeaver.com. Any concerns regarding any product or service offered by a website to which the Busybeaver.com site is linked or the link itself should be directed to the operator of that specific website and not to Busy Beaver.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of Busy Beaver and others. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site, without the prior written permission of the Trademark owner. Busy Beaver aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Busy Beaver, the Busy Beaver logo or the other Busy Beaver formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission from Busy Beaver. Busy Beaver prohibits use of the Busy Beaver logo as part of a link to or from any site unless establishment of such a link is approved in advance by Busy Beaver in writing. Fair use of Busy Beaver’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this site may be the Trademarks of their respective owners.
Linking to this website. Creating or maintaining any link from another website to any page on this website without Busy Beaver’s prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without Busy Beaver’s prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.
Trademarks: Busy Beaver®, Start Right. Start Here. ®, Aqua Therapy®, Baypointe®, Baypointe Basics®, Buyer’s Value®, Color Decor®, Color Made Simple®, Cotter & Company®, Easy Care®, Easy Care Platinum®, Enrich®, Four Seasons Courtyard®, Green Thumb®, Grill Zone®, GTV®, Holiday Wonderland®, Homepointe®, Maintenance One®, Master Electrician®, Master Mechanic®, Master Plumber®, Master Tradesman®, Painter’s Select®, Premium Decor®, Prestige®, Professional Coatings®, Rayz®, Rental One®, Smart System®, Start Right. Start Here.®, Sterling Fasteners®, Sterling Fasteners Project Plus®, Busy Beaver®, TruGuard®, Tru-Test®, Ultimate Finish®, Value-Bright®, Weatherall®, Westpointe®, Westpointe Basics®, Woodsman®, X-O Rust® and X-O Rust Professional® are registered trademarks of Busy Beaver Company, in the United States and other countries and may not be used in connection with any product or service that is not Busy Beaver’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Busy Beaver. Busy Beaver retailers must be in compliance with Busy Beaver’s Internet & Digital Trademark Use Policy.
No Warranties, Exclusion of Liability/Product Information and Warranties
Busy Beaver makes no representation about the suitability of the materials on this site for any purpose. All such materials are provided “as is” without warranty of any kind, express or implied. Busy Beaver specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and -non-infringement.
Busy Beaver assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. In no event will Busy Beaver, their respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this website.
Risk of Loss
All items purchased from Busybeaver.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You agree that this agreement and your use of this site are governed by the laws of the State of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Pennsylvania, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Busy Beaver has endeavored to comply with all legal requirements known to it in creating and maintaining this site but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
You agree that Busy Beaver may at any time and without notice change the terms, conditions, and notices under which this site is offered.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Busy Beaver as a result of this agreement or your use of this site.
Busy Beaver’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Busy Beaver’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Busy Beaver with respect to such use.
This agreement, the privacy and security statement, and terms of sale constitute the entire agreement between you and Busy Beaver with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Busy Beaver with respect to this site. No modification of this agreement shall be effective unless it is authored by Busy Beaver Company or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Busy Beaver in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Busy Beaver in printed form.
All other trademarks not owned by Busy Beaver or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Busy Beaver or its subsidiaries or affiliates.
Copyright © 2010 Busy Beaver Company
All Rights Reserved.
Revisions to Terms and Conditions
Busy Beaver reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Busybeaver.com website following any such change constitutes your 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 each time you use this website. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.
Product and Pricing Information
While we will use our best efforts to fulfill all orders, Busy Beaver cannot guarantee the availability of any particular product displayed on this Site. Busy Beaver reserves the right to discontinue the sale of any product listed on this Site at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Most products displayed on this site are available in select Busy Beaver stores. In some cases, merchandise displayed for sale on this site may not be available at Busy Beaver stores.
All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Busy Beaver has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. We have done our best to accurately display the attributes of our products, including the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Busy Beaver is constantly improving its information, products and services. While our goal is a 100% error-free site, Busy Beaver cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
Product prices offered on this site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. While we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this website at the time of your order.
If you have any questions about this agreement, please contact us
Busy Beaver Company
3130 William Pitt Way
Pittsburgh, PA 15238
Although Busy Beaver Company will in most circumstances be able to receive your email or other information provided through this site (including, without limitation, service requests and other submissions), Busy Beaver does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such Email or other information. Be aware that Internet Email typically is not secure.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us