Terms and Conditions

Interpretation

Words with the first letter capitalized have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Company

(referred to as "the Company," "We," "Us," or "Our" in this agreement) refers to Therm Emporium Inc., 609 West Rock Road, Radford, VA 24141, United States.

Country

refers to Virginia, United States.

Goods

means the insulation boards (including Thermaboard) and any related products offered for sale through the Service.

Orders

means a request by You to purchase Goods from Us.

Service

refers to the Website.

Terms and Conditions

(also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service and the purchase of Goods.

Website

refers to Therm Emporium, accessible from https://thermemporium.com

You

means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

These Terms and Conditions govern your use of the Service and the purchase of Goods, and set out the rights and obligations of all users. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

By accessing or using the Service, or by placing an Order, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your use of the Service is also conditioned on your acceptance of our Privacy Policy, which describes how we collect, use, and disclose your information. Please read it carefully before using the Service.

By placing an Order through the Service, you warrant that you are legally capable of entering into binding contracts.

All Orders are subject to acceptance and availability. We reserve the right to refuse or cancel any Order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. If we cancel an Order after payment has been processed, we will issue a refund for the affected Goods.

We make reasonable efforts to display product information, specifications, and pricing accurately. However, we do not warrant that product descriptions, specifications, pricing, or other content on the Service are error-free. In the event of a pricing error, we reserve the right to cancel any Order placed for Goods listed at the incorrect price.

The Goods are sold on an "AS IS" basis, without any warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Product performance characteristics — including R-values, fire behavior, and other technical specifications — are based on standardized testing conducted under specific laboratory conditions and are provided for general reference only. Published specifications do not guarantee performance in any particular application or in an actual fire, and are not a substitute for independent verification.

You are solely responsible for:

• Determining whether the Goods are suitable and appropriate for your intended application;
• Verifying that the Goods, and their installation, comply with all applicable building codes, fire codes, and other legal and regulatory requirements in your jurisdiction; and
• Ensuring that the Goods are installed correctly and by qualified persons.

The Company is not responsible for the design, engineering, installation, or performance of any structure or assembly in which the Goods are used.

Prices for the Goods are listed on the Service and are subject to change without notice. Checkout and payment are processed through Shopify. Freight and shipping charges are quoted separately based on the load and the delivery distance, and are the responsibility of the buyer unless otherwise agreed in writing.

Title and risk of loss for the Goods pass to you upon delivery to the carrier, unless otherwise agreed in writing.

Returns are governed by our separate Returns Policy, available on the Service. By placing an Order, you agree to the terms of that Returns Policy.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We advise you to read the terms and privacy policies of any third-party sites you visit.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

To the maximum extent permitted by applicable law, the entire liability of the Company and its suppliers under any provision of these Terms, and your exclusive remedy, shall be limited to the amount actually paid by you for the Goods giving rise to the claim.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data, business interruption, personal injury, or property damage) arising out of or in any way related to the use of the Service or the Goods, even if the Company has been advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, the Company's liability will be limited to the greatest extent permitted by law.

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. The Company makes no representation or warranty that the Service will meet your requirements, be uninterrupted or error-free, or that any defects will be corrected.

The laws of the Commonwealth of Virginia, excluding its conflict of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

If you have any concern or dispute about the Service or the Goods, you agree to first try to resolve the dispute informally by contacting the Company.

You represent and warrant that (i) you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability. If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver. The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to do so at any later time, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to the new terms taking effect. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms and Conditions, you can contact us:

• By email: jonathan@cdp.builders
• By mail: 609 West Rock Road, Radford, VA 24141, United States