Online Terms | 3GEN Masonry Products
3GEN MASONRY PRODUCTS, INC. WEBSITE TERMS OF USE
These Website Terms of Use (“Terms”) govern your access to and use of www.3GENmp.com (the “Site”), operated by 3GEN Masonry Products, Inc. (“Company,” “we,” “us,” or “our”). The Site is intended for commercial and business use in connection with construction products and provides information about masonry products and may facilitate inquiries or orders.
By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree, do not use the Site. These Terms incorporate by reference our Terms and Conditions of Sale (“Sales T&Cs”), which apply in full to any product-related matter, including without limitation all inquiries, quotations, orders, purchases, delivery, and use of Products, and which control exclusively in the event of any conflict or inconsistency.
1. Electronic Communications Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications from us (via email or Site postings) and agree that they satisfy any legal requirement that such communications be in writing.
2. Your Account If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You may not assign or transfer your account. Company may suspend, terminate, or refuse service to any account in its sole discretion without liability.
3. Children Under Thirteen Company does not knowingly collect personal information from children under 13. Users under 18 may use the Site only with permission of a parent or legal guardian.
4. Purchases and Orders Any product inquiries, quotations, orders, purchases, delivery, or use of Products referenced or obtained through the Site are governed exclusively by the Sales T&Cs (incorporated herein by reference). No order is binding until accepted by Company per the Sales T&Cs. Prices, availability, and terms are subject to change without notice.
In addition, without limitation, you acknowledge and agree that: (i) Products are subject to strict inspection, notice, and acceptance requirements (including 48-hour written notice of defects); (ii) Remedies are limited exclusively to replacement of defective Products (FOB Company’s facility); (iii) Company disclaims all warranties regarding wall assembly, system, thermal, structural, moisture/air performance, or code compliance; (iv) You bear sole responsibility for product selection, system design, engineering, specification, installation, and compliance with codes and project requirements; (v) All claims are subject to strict time limitations (including one year from delivery), all as set forth in the Sales T&Cs.
Your failure to comply with the Sales T&Cs, including inspection and notice requirements, shall bar any claim or remedy.
The Sales T&Cs apply regardless of whether Products are purchased directly through the Site, by quotation, or through any other sales channel.
All Products are provided subject to the limitations, disclaimers, and exclusive remedies set forth in the Sales T&Cs.
No content on the Site, including product descriptions, technical data, testing references, samples, photographs, marketing materials, or other information, modifies the Sales T&Cs or creates any warranty, representation, or obligation not expressly stated therein.
5. Returns, Cancellations, and Refunds All returns, cancellations, and refunds are governed exclusively by the Sales T&Cs. No returns or cancellations are permitted without Company’s prior written authorization. Restocking fees apply (up to 25%, higher for custom/special orders). Custom, special-order, or cut-to-size Products are non-returnable and non-cancellable.
6. Links to Third-Party Sites and Services The Site may contain links to third-party websites or services not under Company’s control. Company is not responsible for the content, changes, or practices of any linked site. Links are provided for convenience only and do not imply endorsement or association.
7. No Unlawful or Prohibited Use / Intellectual Property You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely in accordance with these Terms. You warrant that you will not use the Site for any unlawful or prohibited purpose, including to damage, disable, overburden, interfere with, or reverse engineer the Site.
All content on the Site (text, graphics, logos, images, data sheets, software) is owned by Company or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not modify, publish, transmit, sell, create derivative works, or exploit any content without Company’s express written permission. No ownership rights are granted.
8. International Users The Site is controlled and operated from the United States. Access from outside the U.S. is at your own risk; you are responsible for compliance with all applicable local laws.
9. No Reliance You acknowledge that you have not relied and will not rely on any statements, representations, data, test results, technical information, or marketing materials contained on the Site or provided by Company, whether oral or written, except as expressly set forth in the Sales T&Cs. All such information is for general informational purposes only and does not constitute guarantees, warranties, or representations for any specific project, application, or performance.
10. Product Selection and Suitability You and all users of the Site are solely responsible for determining the suitability of any Product for any intended use, application, or project. Company assumes no responsibility for product selection, system design, engineering, specification, installation, or compliance with building codes or project requirements.
11. Indemnification To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising out of or relating to: (a) your use or misuse of the Site; (b) your violation of these Terms, any law, or any third-party rights; (c) your negligence, fault, or willful misconduct; (d) improper installation, handling, storage, use, or modification of Products by you or any downstream party (including contractors, subcontractors, installers, or users); (e) failure to follow Company instructions, applicable codes, or industry standards; (f) design, specification, engineering, product-selection, or project decisions made by you or others; (g) jobsite conditions, construction methods, or acts or omissions of contractors, subcontractors, installers, or users; or (h) use of Products with materials not supplied by Company.
Company may assume exclusive defense and control of any matter at its expense; you agree to cooperate fully. Your obligation to defend is immediate and independent of any obligation to indemnify. You shall not settle any claim in a manner that affects Company without Company’s prior written consent. This indemnity does not apply to the extent a claim is finally adjudicated to result solely from Company’s gross negligence or willful misconduct.
12. Liability Disclaimer and Limitation The Site and all information, software, products, services, and graphics are provided “AS IS” without warranties of any kind (express or implied, including merchantability, fitness for a particular purpose, title, or non-infringement). Company disclaims all representations regarding accuracy, reliability, timeliness, or suitability. Company has no obligation to update or revise any information on the Site and disclaims any duty to do so. Your use of the Site and any information contained herein is at your sole risk.
To the maximum extent permitted by law (including Texas law):
- Company shall have no liability arising out of or relating solely to use of the Site where no Product is purchased.
- For any claim arising out of or relating to any Product, Company’s total aggregate liability shall not exceed the purchase price paid to Company for the specific Product(s) giving rise to the claim.
Company shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including loss of profits, revenue, use, data, goodwill, business interruption, or project delays), whether arising in contract, tort (including negligence), strict liability, warranty, or otherwise, even if advised of the possibility.
13. Time Limitation on Claims Any claim arising out of or relating to the Site or any Product must be brought within one (1) year from the date of delivery of the Product, or if no Product is delivered, from the date the claim first arises, regardless of when discovered.
14. No Set-Off You shall not withhold, offset, deduct, or set off any amounts due to Company for any reason, including any alleged claim, dispute, or defect, unless and until such claim is finally adjudicated by a court of competent jurisdiction in your favor.
15. No Third-Party Beneficiaries These Terms are for the sole benefit of Company and the user. No third party shall have any rights, claims, or benefits under these Terms.
16. Termination / Access Restriction Company reserves the right to terminate or suspend your access to the Site or any portion thereof at any time, in its sole discretion, without notice or liability.
17. Governing Law and Venue These Terms are governed by Texas law, without regard to conflict of laws principles. Exclusive venue for any dispute is Tarrant County, Texas. You consent to personal jurisdiction there.
18. No Joint Venture or Agency No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or Site use.
19. Severability If any provision is held invalid or unenforceable, the remainder remains in full force and effect.
20. Entire Agreement These Terms (together with the Sales T&Cs for purchases) constitute the entire agreement and supersede all prior communications.
21. Changes to Terms Company may revise these Terms from time to time by posting updated Terms on the Site. Any changes will be effective prospectively upon posting (or a later stated effective date). Your continued use of the Site after the effective date constitutes acceptance of the revised Terms.
22. Survival The provisions of these Terms which by their nature should survive termination, including without limitation indemnification, limitation of liability, time limitation on claims, governing law, and no set-off, shall survive termination of access to the Site or these Terms.
23. Contact Information Questions or comments: Contact 3GEN Masonry Products, Inc. at 800-556-5785.