Terms of Use & Privacy Statement

Welcome to the bishopdistributing.com and homecrestflooring.com websites (the “Sites”). By using the Sites or through your participation as an authorized Reseller, you agree to be bound by all terms, conditions, and notices contained or referenced herein (the “Terms of Use”) and by the terms of our Privacy Policy . We reserve the right to change the Terms of Use by posting revisions to the Sites at any time.  Your continued use of the Sites or participation as a Reseller indicates your agreement to any revised terms.  Accordingly, we urge you to review the Terms of Use at the start of each use of the Sites, and if you do not agree to the terms of this or any revised version, please exit the Sites immediately.  Bishop reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without notice.

Privacy

Please review our Privacy Policy , which also governs your use of bishopdisributing.com and homecrestflooring.com, to understand our practices.

Electronic Communications

When you use any bishopdistributing.com or homecrestflooring.com service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on these sites or through the other Bishop services. You 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.

Registration Data

Certain features and areas of the Sites are available only with registration of a BISHOP 24/7 account and login. If you are required to register and select a login and password (“Login Information”), which you do through completing our online registration form that requests certain information and data (“Registration Data”), you must keep your Login Information confidential. Your Login Information is personal to you, and you may not allow any third party to use it under any circumstances. Bishop is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Information. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including without limitation, information required to be provided through a Site registration or when accessing Site content. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Bishop reserves the right to terminate your access and use of the Sites.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Links to Third-Party Sites

The Sites may contain links to websites operated by third parties. The linked websites are not under our control, and we are not responsible for the contents of any linked websites and have separate Privacy Policies and Terms of Use. When you leave our sites, please review the privacy policy and terms of use at the linked sites so you know how your data will be collected and used on those sites. We provide links only as a courtesy, but make no representation or warranty as to its operation.

Intellectual Property

You acknowledge that materials available on the Sites include copyrights, trademarks, service marks, patents, trade secrets or other proprietary materials (“Intellectual Property”) that are owned by Bishop or our affiliates. You may download or print copies of portions of the materials on the Sites, provided that you only use such copies for your own non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Sites. You may only use the Intellectual Property or other materials on the Sites as expressly permitted in this Terms of Use and for no other purpose.

If you submit and/or post comments, photos, suggestions, ideas, or other communications to Bishop (“Submissions”), your submission shall constitute an unrestricted worldwide license for Bishop to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights. Bishop retains the right to remove any material from its Sites that does not, in Bishop’s sole discretion, comply with the purpose of the websites.

Reseller Information

Resellers please sign in here for additional terms of use.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES (THE “CONTENT”) ARE PROVIDED “AS-IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER BISHOP NOR OUR AFFILIATES, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BISHOP OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES OR FROM INFORMATION PROVIDED ON THE SITES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BISHOP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnification

You agree to defend, indemnify, and hold Bishop and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Sites or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Sites from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Bishop makes no representation that materials on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.

Choice of Law

This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Michigan, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Terms of Use or your use of the Sites shall be filed only in the state or federal courts located in the State of Michigan, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

This Terms of Use constitutes the entire agreement between you and Bishop with respect to the Sites and supersedes all prior or contemporaneous communications and proposals between us with respect to these Sites. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.