Web Site Terms and Conditions
Welcome to the Graybar web site. Graybar Electric Company, Inc. ("Graybar" or "we" or "us"), provides this web site (this "Site"), at our discretion, as a service to our customers. This Site provides users with access to certain product information and online purchasing capabilities.
These Site Terms and Conditions ("Site Terms") set forth the terms and conditions under which You may use and access this Site. You represent and warrant that You possess the legal right and authority to agree to these Site Terms on Your behalf and that You are at least 18 years old. If You are accessing this Site on behalf of Your employer or some other entity, then these Site Terms shall be binding upon You and Your employer or such other entity, and, in such event, You further represent and warrant that You possess the legal right and ability to agree to these Site Terms on Your behalf and on behalf of Your employer or other entity. If You register to use this Site by completing the Account Registration form on behalf of Your employer or such other entity, then You shall be deemed to be accessing this Site on behalf of Yourself and Your employer or such other entity. Upon registration, Graybar will provide an administrator selected by You (“Administrator”) with access to certain web pages and the ability to use certain functions as determined solely by Us. All access shall be only for legitimate business purposes. As used in these Site Terms, the term "You" refers to you individually and, if applicable, your employer or such other entity on whose behalf you may access this Site.
BY ACCESSING/USING THIS SITE, YOU AGREE TO THESE SITE TERMS. EACH TIME YOU ACCESS THIS SITE, YOU ARE REAFFIRMING YOUR AGREEMENT TO THESE SITE TERMS. IF YOU DO NOT AGREE TO THESE SITE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS SITE. IF YOU ARE AN EXISTING USER AND DO NOT AGREE TO THESE SITE TERMS AND WISH TO REMOVE YOUR ACCOUNT FROM THIS SITE, PLEASE CLICK ON THE "CANCEL ACCOUNT REGISTRATION" LINK, COMPLETE THE CANCEL REGISTRATION FORM AND YOUR ACCOUNT WILL BE CANCELED.
In the event You purchase products through this Site, Graybar's Terms and Conditions of Sale (along with these Site Terms) apply with respect to such purchase. Such Terms and Conditions of Sale should be reviewed carefully before placing an order. To review Graybar's Terms and Conditions of Sale, click on the following link:
After placing an order, You will receive an email from Graybar acknowledging that we have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance by Graybar, and Graybar will confirm such acceptance to You by sending You an email that confirms that the products have been dispatched or otherwise accepted (the "Shipping Confirmation"). The contract ("Contract") will only be formed when Graybar sends You the Shipping Confirmation. The Contract will relate only to those products whose dispatch/acceptance Graybar has confirmed in the Shipping Confirmation. Graybar will not be obliged to supply any other products which may have been part of Your order until the dispatch or other acceptance of such products has been confirmed in a separate Shipping Confirmation.
You should visit this page periodically to review the Site Terms. You acknowledge and agree that the Site Terms currently in effect as of this date may be modified or amended by Graybar from time to time. Your continued use of this Site after a modification or amendment shall constitute acceptance and agreement to the modified Site Terms. Graybar may terminate this Site at any time. In addition, Graybar reserves the right to change the format, organization, and content of this Site, at any time, without notice.
3. PURCHASER INFORMATION / REGISTRATION / USER ACCOUNT.
In order to purchase products through this Site, You will be required to enter certain information into this Site which may include, without limitation, Your name, business name, address, and shipping location. If You register for an account with this Site ("Registration"), You will be required to provide such information during the Registration process. Access to online purchasing capabilities is available only to individuals and businesses (and their authorized employees, agents and/or contractors) who input such information and is limited to those users who are authorized to form legally binding contracts under applicable law on behalf of themselves and the businesses or organizations they represent (if applicable). You agree to provide true, accurate, current and complete information. Graybar will have the right to rely upon any information that You input into the Site and Graybar will incur no liability arising out of such reliance.
If You register for an account with this Site, You agree to provide true, accurate, current and complete information during Registration and to maintain and promptly update the information You provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to Your knowledge, is already used by another person/entity; (ii) use a username in which another person/entity has rights without such person's/entity's authorization; or (iii) use a username or password that Graybar in its sole discretion, deems offensive or inappropriate. It is Your responsibility to maintain the confidentiality of Your password and You agree to accept responsibility for all activities that occur under Your account. You may not transfer, assign or sell Your account to any third party. Graybar will have the right to rely upon any information received from any person/entity using Your username and password, and Graybar will incur no liability arising out of such reliance.
Graybar has no obligation to verify the authenticity of any information You provide to the Site. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE, GRAYBAR HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THIS SITE AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THIS SITE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THIS SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
You may update or change Your account information by going to the "My Account" link and making the applicable changes. For questions related to updating or changing Your account information, please send an e-mail to [email protected] or contact us at 1-855-347-2839.
4. USE RESTRICTIONS.
(a) All content included on this Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of Graybar or others, and protected by U.S. and international copyright laws. Graybar authorizes You to view and download the Material of this Site only for non-commercial use, provided that You retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. Without the express written permission of Graybar, You may not modify the Material on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the Material for any public or commercial purpose. For purposes of these Site Terms, any use of the Material on any other web site or networked computer environment for any purpose is prohibited.
(b) The trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Graybar and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner.
5. ADDITIONAL USE LIMITATIONS.
You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, "flooding", "spamming", "mail bombing", or "crashing"; (iv) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of this Site without Graybar's prior written permission; (vi) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Graybar in providing this Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Any conduct by You that, in Graybar's opinion, restricts or inhibits any other user from using or enjoying this Site will not be permitted. You acknowledge and agree that Graybar, in its sole discretion, may at any time for any reason or no reason suspend, terminate, or restrict Your access to or use of this Site, or any portion thereof, with or without notice, unless otherwise prohibited by applicable law.
6. DISCLAIMERS; LIMITATIONS OF LIABILITY; SOLE REMEDY.
(a) THIS SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. GRAYBAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL GRAYBAR, ITS SUPPLIERS OR OTHER THIRD PARTIES REFERENCED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS AND/OR CONTENT CONTAINED ON ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GRAYBAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE AND THE CONTENT THEREON, OR THESE SITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN GRAYBAR'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO GRAYBAR FOR ACCESS TO AND USE OF THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
(b) Graybar attempts to ensure that the content on this Site is complete and current. However, Graybar cannot guarantee that the information contained on this Site will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. Graybar reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to You. Further, Graybar reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or Your credit card has been charged. If Your credit card has been charged for the purchase and Your order is canceled by Graybar, Graybar shall promptly issue a credit to Your credit card. Except for issuing such credit (if applicable), Graybar shall have no liability or obligation to You with respect to any cancelled order.
(c) This Site contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by Graybar of the content on such third party web sites. Graybar is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of information on such third party sites. If You access any of the third party web sites linked to this Site, You do so entirely at Your own risk.
YOU HEREBY RELEASE AND FOREVER DISCHARGE GRAYBAR AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS SITE AND/OR YOUR USE OF THIS SITE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF GRAYBAR, IN OPERATING THIS SITE OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GRAYBAR, AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES, DEFICIENCIES, EXPENSES, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS AND/OR JUDGMENTS, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE CAUSED BY, OR RESULT OR ARISE FROM (I) YOUR USE OF THE SITE; (II) ANY BREACH BY YOU OF ANY OF THESE SITE TERMS; (III) COMMUNICATIONS BETWEEN YOU, OTHER USERS, AND/OR OTHER THIRD PARTIES; AND (IV) INTELLECTUAL PROPERTY INFRINGEMENT VIOLATIONS AND VIOLATION OF LAWS BY YOU.
9. USER INFORMATION.
You may not link to this Site without Graybar's prior written permission. Anyone linking to this Site must comply with all applicable laws and any other requirements of Graybar for linking to this Site.
Your correspondence or business dealings with advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You hereby release Graybar of, and agree that Graybar shall not be responsible or liable for, any loss, damage or claim (including negligence) of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on this Site.
12. GENERAL PROVISIONS.
If any provision of these Site Terms is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect. The failure of Graybar to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. These Site Terms constitute the entire agreement between Graybar and You with respect to Your use of this Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter; provided, however, that there may be additional written terms and conditions that govern Your use of specific areas of this Site. Such additional terms and conditions, if any, will be specified in this Site. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Site Terms.