Any failure or delay of Stewart Builder Supply to assert its rights under this Agreement does not constitute a waiver of the right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, the invalid or unenforceable provisions will be stricken from this Agreement without affecting the validity or enforceability of any other provision. Any court, mediator, or arbitrator is requested and instructed to replace such stricken term with the term of similar effect that is most like it that is enforceable.

By signing up and accessing the Portal, I acknowledge that I have read and agree to the terms and conditions of the Privacy Policy and Terms and Conditions set forth below:

Stewart Builder Supply provides this privacy statement to explain the collection and use of personally identifiable information, in particular any such information that is collected through the Portal. This policy applies to information collected in connection with the Portal, and does not apply to information collected from Stewart Builder Supply elsewhere, such as email messages, phone calls, or offline. Stewart Builder Supply will not treat as confidential any communications you send to Stewart Builder Supply by electronic mail or otherwise.

From time to time, our information collection practices and this privacy statement may change. Stewart Builder Supply reserves the right to change and update this privacy statement in its sole discretion. You should review this page from time to time for updates and revisions of the privacy policy. This privacy policy is effective as of April 8, 2022.

We do not collect information from children on this Portal, do not allow children to use this Portal.

Stewart Builder Supply collects various information about you from the website and the Portal. Stewart Builder Supply may use tracking technologies, including cookies, when you access the Portal. These technologies are use to assess behavior on the Portal to customize content of the Portal for the user and improve the user’s online experience. These technologies may also be used to improve Portal features and functionality and for other legitimate business purposes by Stewart Builder Supply, its affiliates and advisors. Stewart Builder Supply does not sell this information. The information may be shared with third parties, including, without limitation, any branch or agency of the government, if Stewart Builder Supply believes it is legally obligated to disclose such information. Your information may also be disclosed if Stewart Builder Supply believes it is necessary to protect an indemnified party.

To access and use the Portal, Stewart Builder Supply may require you to provide us with information, such as your account number, company name, email address, business address and phone number, a user name and password, and such other information as required for verification purposes. This information submitted is used to verify your eligibility for the Portal, enroll you in the Portal, allow you access to your Portal account online and provide you with information about the Portal. Information you provide may also be used for Stewart Builder Supply’s legitimate business purposes, including sending you information about us, our stores, products and services.

Stewart Builder Supply takes reasonable steps to safeguard and prevent unauthorized access to your information; Stewart cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information.

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER AN INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

From time to time, Stewart Builder Supply may share information submitted or collected on the Portal with third parties. We may also share aggregate non-personal information with third parties. Information may be shared with third parties if we believe we are legally obligated to disclose such information to the government or third parties or if we are jointly providing services with a business partner. In the unlikely event that we are sold or acquired, or part of our business is sold or acquired, your information will be transferred to the new owner. Your information may also be disclosed if we believe it is necessary to protect Stewart Builder Supply legitimate business concerns. If we need to investigate or resolve possible problems or inquiries, we may disclose any information about you to the government officials; we may also disclose information in response to a subpoena or other governmental request.

The Portal may provide you with the ability to visit third-party websites that may have different policies that those of Stewart Builder Supply. Those third parties are not under Stewart Builder Supply’s control. When you visit any of these other websites and submit information to those third parties, please keep in mind that such information will be provided directly to the third parties, and their privacy policies and terms of use will then apply. You should read those third party website terms of use and privacy policies carefully before submitting information on those websites. Stewart Builder Supply shall not be responsible for any information you submit to a third party.

Subject to the terms of this Agreement, Stewart Builder Supply agrees to permit you to access the Portal on a limited, revocable, non-exclusive, non-transferable basis solely for the purpose of providing and exchanging information to enhance the business relationship between Stewart Builder Supply and you. Stewart Builder Supply may, in its sole discretion, provide you with access to the Portal to obtain certain data pertaining to your business with Stewart Builder Supply. All data and information contained in the Portal regarding Stewart Builder Supply and its business is deemed to be confidential and you shall not disclose any such information to any other person or entity unless authorized by Stewart Builder Supply in writing. Your access to the Portal and information contained therein shall be subject to the terms and conditions of this Agreement, any guidelines, rules, or regulations issued by Stewart Builder Supply from time to time in its sole discretion. Further, you shall not use or access the Portal in any way that may adversely affect the performance of function of the Portal, or gain access, or attempt to gain access, to any unauthorized portion of Stewart Builder Supply’s computer system or website other than the Portal. You shall not use or attempt to use the Portal to obtain other data or information for which Stewart Builder Supply has not granted you access. You agree to comply with all security procedures established by Stewart Builder Supply and acknowledge your responsibility to maintain appropriate and secure access to the Portal. Stewart Builder Supply may without notice in its sole discretion terminate, update, alter or supplement all or any portion of the Portal and all or any portion of the data and information contained therein. You shall not use data or information in the Portal for any purpose other than to facilitate your business relationship with Stewart Builder Supply. You shall not disclose any such data or information to any third party without Stewart Builder Supply’s prior written consent. You shall not copy, use, modify, or prepare any documents from any data, information or other content in the Portal other than to facilitate your business relationship with Stewart Builder Supply. Upon termination of this Agreement, you shall return to Stewart Builder Supply or destroy all computer files or written materials in your possession that contain, or were a part of, the data, information or other content contained in the Portal. You acknowledge that you are responsible for the accounts and log-in credentials of all of your employees and former employees. Upon an employee with access to the Portal leaving your company, you agree to contact Stewart Builder Supply immediately so that user’s account will be terminated. You shall be liable for any and all damages and claims incurred by Stewart Builder Supply caused by your former employee’s access or use of the Portal through log-in information obtained through you if you fail to inform Stewart Builder Supply of the employee’s departure. Stewart Builder Supply reserves the right to deactivate any account that has not accessed or used the Portal during any one hundred eight (180) day period. You acknowledge that all activity related to accessing the Portal may be monitored, logged and reviewed by Stewart Builder Supply to ensure compliance with the Agreement. You acknowledge and agree to keep your login and password used to access the Portal confidential. You shall not provide your login and password to anyone other than an authorized representative of your company for any purpose other than to facilitate business between your company and Stewart Builder Supply. You shall be responsible for any and all liability arising out of the access and use of the Portal via your login and password whether by you, an authorized representative of your company or any other person. Stewart Builder Supply reserves the right to charge a fee for access and use of the Portal at any time in its sole discretion. Stewart Builder Supply will make commercially reasonable efforts to provide notice of such fee prior to its implementation.

TERMS AND USE

The Portal may contain inaccuracies or other errors. Stewart’s may alter, change, or improve the content at any time without notice. Stewart’s makes no representations or warranties as to the Portal’s completeness or accuracy or about the Portal’s suitability for any purpose. Stewart’s makes no commitment to update the Portal’s content.

You use the Portal at your own risk. The content is provided "as-is" and without warranty of any kind, either express or implied, including without limitation any implied warranties or expectation of privacy, fitness for a particular purpose, merchantability, non-infringement, or title. In no event shall any indemnified party be liable for any damages (including but not limited, damages, that are consequential, direct, incidental, indirect, punitive, special, or otherwise) based on, arising out of, or in any way resulting from or connected with the use of or inability to use the Portal or for any of the content obtained through or otherwise in connection with the Portal, in each case regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and regardless of whether the indemnified party was given actual or constructive notice that damages were possible.

Stewart Builder Supply shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Portal or due to your downloading any data, images, materials, pictures, or text from the Portal.

You agree to indemnify, defend, and hold harmless Stewart Builder Supply, it’s affiliates and each of their officers, employees, directors, managers, stockholders, members, partners, and agents (all such parties are, collectively, the "indemnified parties") from and against any and all claims, demands, proceedings, suits, and actions, including, without limitation, any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including, without limitation, any attorney’s and advisor’s fees and disbursements) and costs (collectively, "claims"); Based on arising out of, or in any way resulting from or connected with your access, use or alleged access or use of the Portal (including your confidentiality obligations related thereto) including, without limitation, your breach of the confidentiality provisions set forth above and any claims alleging facts that, if true, would constitute your breach of this Agreement. The obligations set forth in this section shall survive the termination of this Agreement.

This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Portal unless specifically set forth otherwise in this Agreement. The information on the Portal does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.

You agree this Agreement is made and entered into in Dickson and Brentwood, Tennessee, and also in Hopkinsville, Kentucky. You agree that Tennessee and Kentucky law, without regard to the conflicts of law principles, governs this Agreement’s interpretation and/or any dispute related to or arising from your access to, dealings with, or use of the Portal. Any lawsuit brought by you related to your access to, dealings with, or use of the Portal must be brought in the State or Federal Courts of Dickson County, Tennessee, Williamson County, Tennessee, or Christian County, Kentucky. You agree and understand that you will not bring against any Indemnified Party any class action lawsuit related to your access, to dealings with, or use of the Portal.

All trademarks, service marks, logos, and copyrights ("Trademarks") on the Portal are registered and unregistered Trademarks of Stewart Builder Supply, its affiliates, and other third parties. You may not use any of the Trademarks on the Portal without the prior written consent of the owner of the Trademark. Nothing on the Portal should imply consent to use any Trademark without such prior written consent.