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.
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.
Links to Third-Party Sites
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.
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.
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.
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
Integration and Severability
Information We Collect
We may ask you to provide personal information when you:
- Request services, support, quotes, or information;
- Participate in surveys or other promotional activities;
- Subscribe to (e)newsletters, promotional materials, or other media and/or materials;
- Complete an online credit application with us;
- Use the “Bishop 24/7 Online Portal” account feature on bishopdistributing.com;
- Use the “Find a Dealer Near You” feature on our Sites; or
- Use the “contact us” feature on our website.
Information we may request includes your name, email address, home address, telephone number, age, gender, and purchasing data.
We may also collect demographic information, such as your business or company information, age, gender, interests, preferences, and favorites. Forms that you may fill in will indicate whether information requested is mandatory or voluntary.
In order to offer you a more consistent and personalized experience in your interactions with Bishop, information collected through one source may be combined with information obtained through other Bishop resources. We may also supplement the information we collect with information obtained from other parties.
How We Use Your Personal Information
We may use your personal information to:
- Deliver the services and support, or carry out, the transactions you have requested;
- Send communications to you, such as information about products and services available from Bishop and its affiliates, promotional offers and surveys;
- Communicate with you in response to your submissions to us;
- Customize, analyze, and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
- Enforce our website terms and/or separate contracts (if applicable) with you;
- Prevent fraud and other prohibited or illegal activities;
- Protect the security or integrity of the website, our business, or our products or services; or
- Otherwise, as disclosed to you at the point of collection.
Personal information collected may be stored and processed in the United States or any other country in which Bishop or its corporate affiliates, subsidiaries or agents maintain facilities, and by using Bishop products and services (including our website), you consent to any such transfer of information outside of your country.
Anonymous information tracked (i.e. “nonpersonal information” such as an IP address or activity on our website) will only be used for advertising and marketing purposes. Such anonymous information is not tied to any particular individual and cannot be used to uniquely identify, contact, or locate a specific person.
We use an outside vendor, Dancik International (“Dancik”), to provide certain services on the Sites on our behalf, such as the BISHOP 24/7 online portal. This entity may have access to the information you have provided via the Sites only to the extent necessary to perform their duties and functions on our behalf. You may learn more about Dancik here: http://www.dancik.com/.
These Sites take every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line.
Disclosing Personal Information
We may share your personal information with corporate affiliates to carry out transactions you request, or to make our business or that of our corporate affiliates more responsive to your needs, which includes our corporate affiliates providing you with information about Bishop products and services. We may also disclose your personal information in connection with law enforcement, fraud prevention or other legal action; as required by law or regulation; or if Bishop reasonably believes it is necessary to protect Bishop, its customers, or the public.
In addition, we may share your personal information to carry out transactions you request with entities that perform functions on behalf of Bishop or help Bishop or our affiliates to customize, analyze, and/or improve our communication or relationship with you. This may include requests relating to Bishop and Bishop -branded products or services. We will only share your information with entities who share Bishop’s commitment to protecting your personal information. Except as described above, we will not disclose your personal information to third parties for their own marketing purposes unless you have provided consent.
Selecting Your Communication Preferences
You may choose to receive or not receive marketing communications from Bishop by indicating your preferences. Please allow up to 10 business days for your email preferences to take effect.
Collection and Use of Children’s Personal Information
These websites are not for use by children (i.e. individuals under the age of 18). Bishop takes children’s privacy seriously, and consistent with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly request or accept personal information from children under the age of thirteen (13) through our websites. If we become aware that an individual under the age of 13 has provided information to Bishop through our websites, we will not use or disclose that individual’s information for any purpose unless required to do so by law.
Links to Other Websites
This website may contain links to or pop-ups with contents of other websites. Such links are provided as a resource only, and unless otherwise indicated, Bishop is not endorsing or indicating an affiliation with those third parties or third-party websites.
If you have questions regarding the Homecrest brand, Bishop Distributing or our privacy practices, please feel free to contact us.