SiteOne Landscape Supply Website Terms of Use
Last updated on October 24, 2024
SiteOne Landscape Supply, LLC, SiteOne.com, and its suppliers, agents and affiliates (collectively, “SiteOne”, “our”, “us” or “we”) grants you access to our online services and websites, including without limitation, our websites located at www.SiteOne.com and projectservices.siteone.com, and any content, functionality, and products and services offered on or through our online services, including without limitation SiteOne User Experience and SiteOne Bids and websites (collectively, the “Website”), conditioned upon your acceptance of these terms of use (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND BY USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE IMMEDIATELY.
1. Modifications to these Terms of Use. We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice to you. We will post all modifications to these Terms of Use on the Website, and they will become effective immediately upon being posted to the Website. Your continued use of the Website following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the date of the last update, as identified at the top of these Terms of Use, each time that you visit the Website and review any modifications made since the last time that you visited it.
2. Privacy Policy. We will treat all personal information in accordance with our privacy policy, (the “Privacy Policy”). By using the Website, you consent to the privacy practices set forth in the Privacy Policy, which are incorporated by reference into these Terms of Use.
3. Intellectual Property. The Website contains forms, content, information, trademarks, and other proprietary information and materials that belong to SiteOne and our licensors and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”). SiteOne retains ownership of all right, title and interest in all Proprietary Materials in all documents, text, images, interactive media, and software owned by SiteOne and/or its suppliers.
SiteOne’s green and gray color scheme, the pentagonal number one, and “SiteOne Landscape Supply” are trademarks of SiteOne.
You should assume that everything on the Website constitutes Proprietary Materials. Unless otherwise expressly permitted by us in writing, you shall not copy, download, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, or otherwise use or exploit Proprietary Materials. Any commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors. You shall be solely liable for, and fully indemnify us from, any modification, alteration, editing or other use of the Proprietary Materials in violation of these Terms of Use.
4. Use License. This Website has been established primarily for the benefit and use of SiteOne branches, customers and potential customers. Not all products or services referred to may be available, and SiteOne may change the products or services described by this Website at any time. This Website may include inaccuracies, and the information in this Website may be changed periodically. Check with your local SiteOne branch before relying on any product-related information found in this Website.
Individuals are permitted to view or electronically copy material published on this Website and to make print-outs thereof, solely for their personal information, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. SiteOne branches are permitted to electronically copy material published on this Website and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Without the express written permission from SiteOne, you may not retransmit any files from this Website, or any modified versions thereof.
You may not create a mirror version of this Website. Except as expressly provided herein, the transmission of this Website material shall not be construed to grant a license of any type to any Proprietary Material.
SiteOne in its sole discretion may restrict the Website to selected users.
5. NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, SITEONE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SITEONE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SITEONE, NOR ANY PERSON ASSOCIATION WITH US, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OR ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY PROPRIETARY MATERIALS CONTAINED THEREIN, IS SOLELY AT YOUR OWN RISK.
6. EXCLUSION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SITEONE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE, INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, INCLUDING WITHOUT LIMITATION THE PROPRIETARY MATERIALS, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. ANY CONTENT DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY LIABLE AND RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR WEBSITE OR SOFTWARE.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, SiteOne shall not be liable for any damages resulting from the use of this Website or the materials in this Website unless such damages are the result of our negligent or reckless acts or omissions.
7. Links to Third Party Sites. This Website may contain links to sites owned or operated by parties other than SiteOne. Such links are provided for your reference only. SiteOne does not control outside sites and is not responsible for their content. SiteOne’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 SiteOne’s inclusion of the links imply that SiteOne is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
8. Uploaded Content. By submitting any content to SiteOne (including photos), via this Website or otherwise, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all “moral rights” that you may have in such content have been voluntarily waived by you; and (iii) use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: (i) that is known by you to be false, inaccurate or misleading; (ii) that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (v) for which you were compensated or granted any consideration by any third party; or (vi) that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold SiteOne (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth in these Terms of Use, your violation of any law or the rights of a third party, and/or your use of the Website and any content, including without limitation any Proprietary Materials. For any content that you submit, you grant SiteOne and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at SiteOne’s sole discretion. SiteOne reserves the right to change, condense or delete any content on this Website that SiteOne deems, in its sole discretion, to violate these Terms of Use. SiteOne does not guarantee that you will have any recourse through SiteOne to edit or delete any content you have submitted. You acknowledge that you, not SiteOne, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SiteOne or third party service providers and their respective directors, officers and employees.
SiteOne’s performance of these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of SiteOne’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by SiteOne with respect to such use.
9. Employment Content. SiteOne also may make employment information available through this Website. SiteOne is an equal opportunity employer. SiteOne provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. SiteOne’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
10. Product Orders. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you wish to use any interactive tools provided on the Website or purchase products or services described on the Website, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information; the Website may provide you a location to store your information and allow you to make a future purchase without re-entering information (a “Account”). You agree to pay all charges incurred by you and any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You acknowledge that we may place a hold on your credit card for the purchase price of the charges incurred. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested. By using any of the interactive tools provided on the Website you expressly agree to comply with these Terms of Use.
SiteOne shall have no liability for any unauthorized access or use of your Account or payment method in connection with products purchased on this Website. Acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. The risk of loss and title for such titles pass to you upon SiteOne’s delivery of the items or products to the carrier.
SiteOne cannot guarantee the availability of any particular product displayed on this Website. SiteOne reserves the right, at its sole discretion, to: (i) refuse service and to terminate Accounts if SiteOne believes that customer conduct violates applicable law or these Terms of Use, is harmful to the interests of SiteOne, or for any other reason; (ii) limit the quantity of items purchased per person, per Account, per household and per order; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same Account, same credit card and/or the same billing and/or shipping address.
Product prices offered on this Website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Website are generally quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which may be added to your total invoice price at checkout. 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. SiteOne cannot guarantee that any content is accurate or complete, including price information and product specifications. SiteOne reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
11. Account Security. You agree that all information you provide to register your Account, including, but not limited to, through the use of any interactive feature of the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
12. Governing Law. You agree that these Terms of Use and your use of this Website are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes: (i) arising out of, relating to, or concerning this Website and/or these Terms of Use; (ii) in which this Website and/or these Terms of Use is an issue or a material fact; or (iii) in which this Website and/or these Terms of Use is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SiteOne makes no representation that materials on this Website are appropriate or available for use in any particular jurisdiction. Use of this Website is unauthorized in any jurisdiction where all or any portion of this Website may violate any legal requirements and you agree not to access this Website in any such jurisdiction. You are responsible for compliance with applicable laws.
13. ARBITRATION. WITH THE PRIOR AGREEMENT OF SITEONE, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS WEBSITE AND/OR THESE TERMS OF USE SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN ATLANTA, GEORGIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
14. Severability. Any use of the Website in contravention of any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use 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 Terms of Use shall govern such use.
15. Relationship of the Parties. Neither these Terms of Use nor your use of the Website shall be construed to constitute either us or you as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. You do not have any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of us.
16. Complete Agreement. These Terms of Use and the Privacy Policy constitute the entire agreement between you and SiteOne with respect to this Website. These Terms of Use supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SiteOne with respect to this Website. No modification of these Terms of Use shall be effective unless it is authored by SiteOne. A printed version of these Terms of Use and/or of any notice given by SiteOne in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SiteOne in printed form.
17. Waiver. The failure of SiteOne to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by SiteOne must be in writing and signed by an authorized representative of SiteOne.
18. Contacting Us. You may send to SiteOne comments, questions, suggestions or ideas relating to this Website at www.siteone.com/contactus. If you do, you agree that such information sent to SiteOne is not given in confidence, that SiteOne is not obligated to keep such information secret and that SiteOne is not obligated to respond. SiteOne shall be free to use the information you send to SiteOne in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. SiteOne may also reproduce, disclose and distribute the information in your communication to others without limitation.