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.

Privacy Policy

For the purposes of this privacy policy, “corporate affiliates” means any entity or joint venture that is wholly or partially owned or controlled by Bishop. “Personal information” means information that identifies you, including without limitation your name, address, telephone number and email address.

This Privacy Policy describes Bishop Distributing Co’s (“we” or “us”) privacy practices for the websites where it is posted (the “Site”) and does not cover other websites not owned or operated by Bishop or its corporate affiliates. The purpose of this Privacy Policy is to describe what data we are collecting, why and how it will or will not be used, and the terms that govern that use.

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.

We may collect information, which is not personally identifiable information, about your visits to our websites, including  the pages you view, the links and ads you click, search terms you enter, and other actions you take in connection with the Bishop websites and services. We may also collect certain information, again not personally identifiable, from the browser you used to come to our website, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the website that referred you to our website and to which URL you browse away from our site if you click on a link on our site. One manner of collecting this information is through cookies, which are small bits of data stored on your computer’s hard drive based on your Internet activity. You may configure your browser settings to not accept cookies, however, doing so may interfere with your ability to use the full functionality of the Site. We may use cookies, pixel tags, clear GIFs, Google Analytics or other third-party analytics and similar technology. We use this information to measure the use of the Sites and to improve the Sites.

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.

Please be aware that those third-party websites that may be accessed through our website may collect personally identifiable information about you. The information practices of those third-party websites linked to Bishop.com or homecrest.com are not covered by this Privacy Policy, and we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy. If we make changes to the Privacy Policy or make any material changes to how Bishop will use your personal information, we will revise the Privacy Policy to reflect such changes and revise the statement’s effective date, included at the end of this section. We encourage you to periodically review this statement to be informed of how Bishop is protecting your personal information.

Contacting Us

If you have questions regarding the Bishop website or our privacy practices, please feel free to contact us.

 

Bishop Privacy Policy, effective date: October 10, 2016