By accessing the Cherokee Building Materials web site, you agree to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The data, information and materials on the Cherokee Building Materials web site, including but not limited to text, graphics, logos, icons, images and software (the "Content"), is the property of Cherokee Building Materials or the supplier thereof and is protected by U.S. and international copyright laws. You may use the Content to access information about your account with Cherokee Building Materials, place orders for certain products, and other uses consistent with these Terms and Conditions of Use.
2. Use License
Cherokee Building Materials grants you permission to temporarily download one copy of the materials (information or software) on the Cherokee Building Materials web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Cherokee Building Materials web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cherokee Building Materials at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the Cherokee Building Materials web site are provided "as is". Cherokee Building Materials makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cherokee Building Materials does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations and Indemnity
In no event shall the Cherokee Building Materials website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Cherokee Building Materials Internet site, even if the Cherokee Building Materials web site or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
By using the Cherokee Building Materials website, you agree to indemnify, hold harmless, and defend Cherokee Building Materials and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this website in violation of these Terms and Conditions of Use.
5. Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Gypsum Supply Company may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Gypsum Supply Company reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify the customer should such limits be applied.
6. Pricing Information
Cherokee Building Materials cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Cherokee Building Materials website and therefore, we reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cherokee Building Materials. Cherokee Building Materials may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
7. Promotional Codes
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered to any third party. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. Revisions and Errata
The materials appearing on the Cherokee Building Materials web site could include technical, typographical, or photographic errors. Cherokee Building Materials does not warrant that any of the materials on its web site are accurate, complete, or current. Cherokee Building Materials may make changes to the materials contained on its web site at any time without notice. Cherokee Building Materials does not, however, make any commitment to update the materials.
Cherokee Building Materials has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cherokee Building Materials of the site. Use of any such linked web site is at the user's own risk.
11. Governing Law
Any claim relating to the Cherokee Building Materials web site shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
12. Return Policy
All refunds must be approved by a Branch Manager. Restocking fees may apply. Call your local branch for questions regarding returns and restocking fees.
13. Wire Fraud Disclosure
Criminals are targeting email accounts of various parties involved in money transactions. Fraudulent wiring instructions are being used to divert funds to the criminal’s bank account. These emails may look like legitimate emails from a party to your transaction. Supplier strongly recommends Buyer refrain from transmitting any non-public personal and financial information in an email, directly in the body of the email or through an email attachment. If you need to transmit bank accounts, credit card numbers, wiring instructions or similar private information, Supplier strongly recommends that you utilize a secure method, such as providing the information in person, over the phone, or through secure mail. In addition, before you wire any funds to any party call that party first to confirm the instructions are legitimate and correct. If Buyer receives an email containing new or revised payment instructions, immediately call your regular contact with the Supplier to verify the information prior to sending the funds or other information.