Welcome to the Environmental Home Center's Web site (the "Site")! These terms of use ("Site Terms") apply to your access to and use of our Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with us. We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or our services (the "Services"), at any time and in our sole discretion. If the Site Terms are changed, we will post the new terms on the Site and change the version number accordingly. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site or the Services following the posting of such changes or modifications will constitute your acceptance of the Site Terms as revised.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

If you have any question regarding the use of the Site, please contact Customer Service or call 1.800.281.9785. You can also refer to our Help page, which contains answers to frequently asked questions.

Incorporated Policies or Terms

Privacy Policy. Built-e, Inc., doing business as the Environmental Home Center, believes strongly in protecting user privacy and providing you notice of any collection and use of data, including personally identifying information, collected from the Site. Therefore, we have adopted a Privacy Policy that you should review to fully understand how we use and collect information. Our web site has been reviewed by TRUSTe.

Terms of Sale. All sales from the Site are governed by our Terms of Sale. Refer to them below to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in our sole discretion so you should review the Terms of Sale each time you make a purchase.

License and Site Access

We grant you a limited license for personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Environmental Home Center or any third party.

You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Environmental Home Center or Built-e name, trademark, or product name without our express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the our logos, designs, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001 - 2002 Built-e, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Built-e or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Built-e or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide our copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is Matthew Freeman-Gleason, who can be reached as follows:

Matthew Freeman-Gleason
Chief Knowledge Officer
Environmental Home Center
4121 - 1st Avenue South
Seattle, Washington 98134
(206) 682-7332
Fax: (206) 682-8275
customerservice@environmentalhomecenter.com

Trademarks and Service Marks

Built-e, the Built-e logo, and the products and services described in this Site, including without limitation "Environmental Home Center" and the Environmental Home Center logo, are either trademarks, service marks or registered trademarks of Built-e, Inc. and its suppliers and licensors. These marks may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Built-e, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks and product names are the property of their respective owners.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Built-e, the Environmental Home Center or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use our logos or other proprietary graphics or trademarks to link to this Site without our express written permission. This limited right may be revoked at any time.

Third-Party Links. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption of the site or any information contained therein. When leaving our site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Built-e or the Environmental Home Center, or postings on this Site, are non-confidential (subject to our Privacy Policy) and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to us, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Credit Cards

We request our user's credit card information when purchasing products through our site. Although we use secure technology to process credit card transactions, it is possible that your credit card information could be stolen. Federal laws and regulations, including the Fair Credit Billing Act (FCBA), limit a consumer's liability to $50 for unauthorized charges and other billing errors. To limit their liability, the FCBA requires consumers to comply with certain timelines and procedures for disputing a charge with the credit card company. For information on this process, see the Federal Trade Commission's publication: Fair Credit Billing. If you comply with the FCBA and are charged by your credit card company for an unauthorized transaction resulting from a secure transaction at www.environmentalhomecenter.com, we will reimburse you for such charges up to a maximum of $50.

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. BUILT-E DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We reserve the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.

Limitation of Liability

IN NO EVENT SHALL BUILT-E BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUILT-E (WHETHER IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED], PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF OUR SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID TO US, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Terms of Sale

Warranties. Built-e shall not be liable for any delay or failure in the performance or in delivery or shipment of materials or merchandise or for any damages suffered by the customer by reason of such delay or failures directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, acts of governmental agencies, labor difficulties, failure of our suppliers to ship or produce goods, delays in securing or shortages of raw materials, breakdown or destruction of plant or equipment, or any other cause or causes beyond the control of Built-e, whether or not similar to those enumerated herein. All orders will be deemed to be suspended so long as any such cause prevents or delays performance or delivery or shipment.

BUILT-E DOES NOT WARRANTY ANY PRODUCTS. THE SOLE WARRANTY ASSOCIATED WITH A PRODUCT IS THE WARRANTY PROVIDED BY THE MANUFACTURER OF THE PRODUCT, IF ANY. IN NO EVENT SHALL BUILT-E BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, OR LOSS OF USE, PROPERTY OR PROFITS OR ANY OTHER DAMAGES OF WHATEVER KIND OR HOWEVER ARISING.

Measurements. Drawings, blueprints, floor plans or the like provided by the customer may be used as a guide in estimating dimensions and materials needed. All measurements, sizes and dimensions estimated by the Environmental Home Center are approximate. It is the customer's responsibility to verify materials, style, dimensions, quantities and layout with customer's contractor, installer, designer or other adviser, and we shall bear no liability or responsibility for the same.

Product use. Customers with allergies or chemical or other sensitivities may wish to test products before purchasing. To the extent practicable, we may supply samples for use in testing. The customer alone shall be responsible for the decision to test and the method of testing. We shall not be responsible or liable for testing procedures or adverse reactions that may result from use of products.