Terms

Introduction

References to “you” and “your” mean the person accessing the Site and, if applicable, the company that person represents. References to “Lowe’s PRO Supply,” “we,” “us,” and “our” means Lowe’s PRO Supply, LP. References to “Lowe’s PRO Supply’s Affiliates” means all or any combination of Lowe’s PRO Supply’s direct and indirect parents, subsidiaries, and sister companies.

These terms and conditions together with the Lowe’s PRO Supply Privacy Policy available at https://www.lowesprosupply.com/Privacy (collectively, these “Terms”) govern your access to, and use of, this website or mobile application (as applicable, the “Site”) and constitute a legally binding agreement between you and Lowe’s PRO Supply. By accessing this Site, you are indicating that you have read, understand, and agree to these Terms. You understand that these Terms include important provisions that affect your rights including a binding arbitration provision.

Lowe’s PRO Supply reserves the right to change all or any part of these Terms in its sole discretion at any time. You are responsible for reviewing these Terms regularly. Your continued use of the Site following any changes to these Terms signifies your acceptance of those changes.

Age Restrictions; Authorized Customers

The Site is for use by persons 18 years old and older. If you are under 18, you are not allowed to use the Site.

To purchase products or services through the Site, you must first set up a customer account with Lowe’s PRO Supply. For more information on how to set up a customer account, you can request an online login at https://www.lowesprosupply.com/RequestAccount. Additional terms and condition apply to customer accounts. Those additional terms and conditions are in addition to, and not in lieu of, these Terms. Lowe’s PRO Supply reserves the right to deny, restrict, and condition applications for customer accounts to the greatest extent permitted under applicable law.

Our Intellectual Property

All software and content on the Site is owned or licensed by Lowe’s PRO Supply or Lowe’s PRO Supply’s software and content suppliers and licensors. The software and content on the Site is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of Lowe’s PRO Supply and protected by applicable copyright laws. Lowe’s PRO Supply grants you permission to view and use the content made available to you on the Site in accordance with these Terms. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is prohibited. Lowe’s PRO Supply and Lowe’s PRO Supply’s Affiliates, suppliers and licensors expressly reserve all intellectual property rights in the software and content on the Site. The Site may contain additional proprietary notices and copyright information that you must comply with.

The names, trade names, logos, service marks, trademarks, and trade dress (collectively, "Trademarks") on the Site are registered and unregistered trademarks of LF, LLC, and other parties. Use of the Site does not grant any license or right to use any Trademark displayed on the Site. You may not use any Trademarks without the express written permission of LF, LLC or the owner of the Trademark, as applicable.

One or more patents may apply to the Site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 5,930,474; 7,908,173; and 7,908,176.

Permission to Use the Site

Lowe’s PRO Supply grants you the limited, revocable permission to access and use the Site to shop for and purchase products and services for MRO use in accordance with, and subject to, these Terms. Lowe’s PRO Supply may revoke your permission to access and use the Site at any time in its sole discretion.

Prohibited Activities

You understand that you are not permitted to, and agree that you will not:

• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.
• Use the Site or content on or from the Site for any unlawful purpose.
• Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully or without permission.
• Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses, and defects.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site.
• Remove any copyright, trademark, or other notices of proprietary rights contained on the Site.
• "Frame" or "mirror" any part of the Site without Lowe’s PRO Supply’s prior written authorization.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents.
• Harvest or collect information about Site visitors.
• Take any action that imposes an unreasonable or disproportionately large load on Lowe’s PRO Supply’s infrastructure.
• Use the Site for any reseller activities without Lowe’s PRO Supply’s express written consent. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers and (ii) extracting, scraping, mining, copying, or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Lowe’s PRO Supply or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement, construction, maintenance, or repair project performed for another person does not constitute a reseller activity.

These prohibitions are in addition to other prohibitions set forth in these Terms.

Information on the Site

The information on the Site, including, without limitation, price, color, dimensions, size, specifications, images, depictions, services, quantity, availability, suitability, delivery timeframes, and shipping methods (the “Information”) are provided for your review in accordance with the Terms. The Information does not necessarily reflect the opinions of Lowe’s PRO Supply or Lowe’s PRO Supply’s Affiliates. Lowe’s PRO Supply does not guarantee the accuracy or completeness of the Information displayed on the Site. The Information may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider.

Copyright Infringement Claims Process

If you believe any materials accessible on or from the site infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Lowe’s PRO Supply’s designated Copyright Agent (identified below) that sets forth the following information:

• A statement identifying the website or mobile application on which the material you believe to be infringing is located.
• Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work.
• Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lowe’s PRO Supply to locate the material.
• Your name, address, telephone number, and, if available, email address.
• A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A physical or electronic signature of the copyright holder or authorized representative.

The Copyright Agent designated by Lowe’s PRO Supply to receive notifications of claimed infringement is:

• DMCA Notices c/o Compliance Department Lowe’s Companies, Inc. 1000 Lowe’s Boulevard Mooresville, NC 28117 704-758-2921 [email protected]
• Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to Lowe’s PRO Supply customer service.

You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.

Disclaimer of Warranties and Limitation of Liability

You assume all responsibility and risk for your use of the Site and the internet in general. To the greatest extent permitted under applicable law and subject to the exception below,

• The Site and all content on the Site is provided “AS IS” and “AS AVAILABLE” and without warranties of any kind; and
• Lowe’s PRO Supply, Lowe’s PRO Supply’s Affiliates, and the directors, officers, managers, employees, attorneys, agents, and representatives of each of Lowe’s PRO Supply and each Lowe’s PRO Supply Affiliate hereby disclaim all express and implied warranties as to the Site and any content on the Site, including without limitation, any implied or express warranty of merchantability, fitness for a particular purpose, noninfringement, security, accuracy, completeness, suitability, quality, reliability, timeliness, performance, availability, or the absence of viruses or other harmful code.

The warranty disclaimers above may not be permitted in the jurisdiction you live in. If that is the case, the disclaimers above will not apply to the extent they are prohibited under applicable law.

To the greatest extent permitted under applicable law and subject to the exceptions below,

• Lowe’s PRO Supply, Lowe’s PRO Supply’s Affiliates, and the directors, officers, managers, employees, attorneys, agents, and representatives of each of Lowe’s PRO Supply and each Lowe’s PRO Supply Affiliate will have no liability (whether based in contract, tort, statute, regulation, equity, or any other theory of liability) to you arising from, or related to, any unauthorized access to, or use of, servers on which the Site is hosted or on which any of your personal or financial information is stored; any suspension, interruption, or disruption to your ability to access the Site; bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a harmful nature transmitted to, or through, the Site by any third person; any inaccurate, incomplete, unsuitable, faulty, unreliable, or out of date content on the Site; or your use of the Site in any manner that is improper, unauthorized, or out of compliance with these Terms;
• Lowe’s PRO Supply, Lowe’s PRO Supply’s Affiliates, and the directors, officers, managers, employees, attorneys, agents, and representatives of each of Lowe’s PRO Supply and each Lowe’s PRO Supply Affiliate will not be liable to you for any lost profits; lost opportunities; lost investments; or direct, indirect, consequential, incidental, special, exemplary, or punitive damages; and
• You hereby irrevocably waive and release Lowe’s PRO Supply, Lowe’s PRO Supply’s Affiliates, and the directors, officers, managers, employees, attorneys, agents, and representatives of each of Lowe’s PRO Supply and each Lowe’s PRO Supply Affiliate from the liabilities listed in the preceding two bullet points.

This limitation of liability does not apply to liabilities arising from Lowe’s PRO Supply’s intentional or wanton acts, regardless of where you live. If you are a resident of the State of New Jersey, this limitation of liability does not apply to liabilities arising from Lowe’s PRO Supply’s negligent, intentional, or wanton acts.

Indemnification

You agree to defend and indemnify Lowe’s PRO Supply, Lowe’s PRO Supply’s Affiliates, and the directors, officers, managers, employees, attorneys, agents, and representatives of each of Lowe’s PRO Supply and each Lowe’s PRO Supply Affiliate against all lawsuits, claims causes of action, costs, expenses (including reasonable attorneys’ fees), losses, liabilities, and damages arising from, or related, to (i) your breach of an part of these Terms, (ii) your negligence, gross negligence, or willful misconduct related to your access or use of the Site, or (iii) your violation of any applicable law related to your access or use of the Site.

Dispute Resolution

Choice of Law, Jurisdiction and Venue. These Terms and your access to, and use of, the Site are governed by the laws of the State of North Carolina, excluding its conflicts of law rules, borrowing statutes, and any other rule or statute that would result in the application of the law of another jurisdiction.

Waiver of Rights: To the greatest extent permitted by applicable law, You agree to waive any right to pursue claims on a class or consolidated basis or in any representative capacity that is related in any way to these Terms or your access to, or use of, the Site.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

• Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding, and subject to only limited review by a court. By accessing or using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
• You agree that this arbitration section will survive termination of these Terms. This section will be broadly interpreted to encompass all disputes or claims arising out of, or relating to, your access to, or use of, the Site and any content on the Site. Any dispute or claim you make against Lowe’s PRO Supply or any of Lowe’s PRO Supply’s Affiliates arising out of or related to your access to, or use of, the Site or any content on the Site, whether based on contract, tort, statute, regulation, equity, or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
• You must first present any claim or dispute to Lowe’s PRO Supply by contacting the customer care center to allow Lowe’s PRO Supply the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim will be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Lowe’s PRO Supply agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration will be brought and held in Charlotte, North Carolina, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
• Any arbitration will be confidential, and neither you nor Lowe’s PRO Supply may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators will be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
• If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder will be given full force and effect.
• Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Lowe’s PRO Supply. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.

If this arbitration provision is held to have been waived or to be unenforceable, then the courts in Charlotte, North Carolina will have exclusive jurisdiction over all disputes between you and Lowe’s PRO Supply, and you and Lowe’s PRO Supply each hereby consent to the jurisdiction of those courts.

Miscellaneous

You agree that Lowe’s PRO Supply may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Lowe’s PRO Supply will be released from all liability upon assignment.

You understand that information related to your use of the Site may be subject to legal process. Information and data that you submit to Lowe’s PRO Supply through the Site may be subject to legal process (e.g., a subpoena) by Lowe’s PRO Supply or a third party or government entity, even if that information has been deleted and only exists in backup form. You understand that Lowe’s PRO Supply will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You understand that Lowe’s PRO Supply may have no obligation to give you notice of any legal process that may result in any information related to your use of the Site being produced, discovered, or otherwise disclosed.

Lowe’s PRO Supply’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Lowe’s PRO Supply’s right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Lowe’s PRO Supply with respect to such use.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement will continue to govern your use of the Site.