TERMS OF USE

Last Updated: April 25, 2025

PLEASE READ THESE SITE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THESE TERMS CONTAIN IMPORTANT LEGAL PROVISIONS INCLUDING INDEMNIFICATION OBLIGATIONS, DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THIS SITE.

1. AGREEMENT TO TERMS OF USE

These Website Terms of Use ("Terms") apply to your use of any website or application operated by Derby Building Products, Inc. including its subsidiaries and other affiliated companies (collectively, the "Company," "we'" "us") where these Terms are posted (collectively, the "Site"), including:

Derby Building Products https://www.derbybp.com

Tando Composites https://www.tandocomposites.com

NOVIK https://www.novik.com

Beach House Shake https://www.beachhouseshake.com

QCshake https://www.qcshake.com

Any reference to “you” “your” or “user” refers to the individual using or accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Site is being used or accessed. If you are using or accessing the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of that legal entity.

By using the Site, you agree to be bound by these Terms and to use the Site in accordance with these Terms and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms.

PROPRIETARY RIGHTS

Ownership. All right, title, and interest in this Site and all its software, materials, and rights displayed on or associated with this Site (collectively "Content") including but not limited to materials such as text, images, logos, and communication tools and intellectual property rights such as patents, copyrights, trademarks, service marks, logos and trade secrets are owned or licensed by Company or its licensors, and protected by copyright, trademark, and other intellectual property laws. Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any Content or other intellectual property by making the Site available to you. All rights not explicitly granted to you are reserved by us.

Any product, service, process, or technology described on the Site may be the subject of other intellectual property rights reserved by the Company or its affiliated companies and are not licensed hereunder. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. The Company cannot control and shall have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your exposure and use of the Content.
Limited Right to Use. The Company grants you permission to view and use the Content in connection with normal and ordinary use of the Site. Otherwise, you may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our licensors or that has not been expressly authorized in writing by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. Any such action is a violation of the Company's copyright and other proprietary rights and these Terms.
Feedback. The Company is free to use any comments, suggestions, recommendations, and other feedback, including without limitation, with respect to modifications, enhancements, and improvements, (“Feedback”) you provide with respect to the Site for any purpose, without obligation. By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant the Company an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including without limitation, to incorporate any such Feedback into the Site that the Company generally provides.

2. MODIFICATION OF THE SITE

We reserve the right to make changes, updates, or modifications to the Site at any time for any reason without giving notice to you.

3. MODIFICATION OF THESE TERMS

We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time. Such changes will be effective when posted on the Site or on the effective date specified in such updated Terms. You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you. We may notify you of material changes to the Terms by sending a notice to the email address associated with your account, posting a notice on the Site, or by other methods that we may communicate to you. Your use of and access to the Site or any part thereof after any changes become effective will be considered your acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Site and any part thereof and your sole recourse will be to stop using the Site.

4. PRIVACY AND SECURITY

We and third-party services we authorize may collect certain personal information from and about you when access and use the Site. Your access to and use of the Site is subject to our personal information collection practices as described in our Privacy Policy.

5. OUR RIGHTS TO SUSPEND OR TERMINATE YOUR USE OF THE SITE

We may suspend or terminate your account or the Site, including any services or features therein, such as discontinuing the availability of the Site on a particular device, at any time and without notice to you. For example, we may suspend or terminate your access to or use of the Site for the actual or suspected violation of these Terms. If, in our determination, the suspension might be indefinite or we have elected to terminate your access to the Site, we may use reasonable efforts to notify you.

6. YOUR CONDUCT AND RESPONSIBILITIES

User Passwords. You are responsible for maintaining the confidentiality and security of your username and password for your account and you will remain responsible for all activity from your account. If your username or password is lost or stolen, or if you believe that unauthorized parties have accessed your account, you must notify us in writing and promptly change your password.
Prohibited Conduct. You agree that you will not, and will not encourage or assist any third party, do any of the following:
1. use the Site in any manner not permitted by us;
2. use the Site for any illegal purpose;
3. engage in any activity that harms or disrupts the operation or performance of the Site or cause harm to others;`
4. misrepresent your identity, impersonate any person, or attempt to gain access to or illegally track any account, user, Device, system, or network related to the Site;
5. use the Site to publish, post, share, copy, store, backup, or distribute material protected by intellectual property rights of a third-party unless you own or have necessary rights to such material;
6. use the Site to publish, post, share, copy, store, backup, or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Site or another person's device or property,
7. violate, circumvent, or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Site by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
8. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce, or create derivative works of the Site,
9. alter or modify any disabling mechanism which may be included in Site,
10. collect or attempt to collect personal data, or any other kind of information about other users, including through spidering, scraping, crawlers, data mining tools, or the like to download or mine data from the Site;
11. lease, rent, sell, transfer, distribute, re-license, sublicense the Site, use it, or permit its use in a time-sharing arrangement,
12. remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Site.

7. PRODUCTS AND SERVICES ON THE E-COMMERCE SITE

When you purchase the Company’s products or services on or through the Site, you may be subject to additional terms and conditions that apply to the specific products or services you purchase. In addition, the Site may provide links to third-party websites that offer products and services available from third-party merchants. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these third-party products and services. If you make a purchase from a merchant operating a third-party website that you have accessed via a link on the Site, the information obtained during your visit to that website, and the information that you submit as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. The merchant will have its own privacy and data collection practices and we have no responsibility or liability for the privacy or security practices of these independent websites. In addition, For more information regarding a third party’s online store, its privacy policies, and any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release the Company from any damages that you incur, and agree not to assert any claims against the Company, arising from your purchase or use of any products or services made available by third parties through the Site.

8. THIRD-PARTY CONTENT

The Company may display on the Site content supplied by visitors and other third parties ("Third-Party Content"). The Company has no editorial control over this Third-Party Content. Third-Party Content belongs to the respective owners of that Content.

THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR EXISTENCE OF ANY THIRD-PARTY CONTENT.

THE COMPANY DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD-PARTY CONTENT.

The Company shall not, under any circumstances, be liable for any losses, damages, or harm caused by your or anyone else's reliance on Third-Party Content available on the Site. You are solely responsible for evaluating and acting on any Third-Party Content available on the Site.

9. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER DIGITAL MILLENNIUM COPYRIGHT ACT

The Company will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). The Privacy Policy does not protect information that the Company may provide to third parties at its discretion or as required by law through copies of notices referenced below.

DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content infringes upon your copyrights, you may submit a written notification pursuant to DMCA by providing the Company with the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the Third-Party Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the Third-Party Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Third-Party Content, you may send a counter-notice containing the following information to the Company at the address set forth below:
1. Your physical or electronic signature;
2. Identification of the Third-Party Content that has been removed or to which access has been disabled and the location at which the Third-Party Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Third-Party Content was removed or disabled as a result of a mistake or a misidentification of the Third-Party Content; and
4. Your name, address, telephone number, e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5. If the Company receives a counter-notice, the Company may send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed Third-Party Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Third-Party Content provider, member or user, the removed Third-Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
6. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid
Address for Notice. The Company will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
1. E-mail: marketing@derbybp.com
2. Postal mail: Derby Building Products Inc.
3. 160, rue des Grands-Lacs,
4. Saint-Augustin-de-Desmaures, Quebec G3A 2K1 Canada.
5. It is often difficult to determine if your copyright has been infringed. The Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and the Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Possible Actions. The DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Without limiting the Company's other rights, the Company may, in appropriate circumstances, terminate a repeat infringer's access to the Site and any other website owned or operated by the Company.

10. DISCLAIMERS

THE SITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE: (a) MAKE NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DO NOT WARRANT THAT THE SITE OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SITE.

Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you. In that event, those warranties are limited to the minimum warranty period permitted by applicable law.

Your interactions with companies, organizations, and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

12. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, that arise out of your use of the Site, violation of these Terms by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to such reasonable cooperation and assistance as we request.

13. ELECTRONIC COMMUNICATIONS AND NOTICES

From time to time, we may need to contact you regarding the Terms, the Site, and/or other matters related to your account. We may provide information to you by email using the email address you provided to us when you opened your account. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Site by email, you must not use the Site. Notices emailed to you will be deemed received by you when we send the email. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.

You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.

You may provide legal notices to us by registered mail, return receipt requested, to the following address:

E-mail: marketing@derbybp.com

Postal mail: Derby Building Products Inc.

160, rue des Grands-Lacs,

Saint-Augustin-de-Desmaures, Quebec G3A 2K1 Canada.

Unless you indicate a different address, we will use your last billing address or shipping address of record to send a notice to you or respond to your dispute notice to us.

14. DISPUTE RESOLUTION

If a dispute arises relating to your use of the Site or these Terms, we and you agree to try to resolve the matter in good faith. The party asserting the dispute will send a notice to the other party by registered mail explaining the reasons and circumstances for the dispute. The receiving party will have thirty (30) days to respond to the notice.

Please send your notice of a dispute to: