Effective April 30, 2026
These Terms of Use (the “Terms”) are a legal agreement between you and Pye-Barker Supply, Inc. d/b/a Pye-Barker Engineered Solutions (together with affiliates, “Pye-Barker”, “we”, “our”, or “us”). These Terms apply to any person who accesses, uses, or visits our website (“you” or “your”), www.pyebarker.com, and the information, products, or services offered through the website (collectively, the “Website”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS, USE, OR VISIT OUR WEBSITE. BY ACCESSING, USING, OR VISITING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS, USE, OR VISIT OUR WEBSITE.
The Website is intended for users who are at least eighteen (18) years of age. By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years old. If you are under eighteen (18) years of age, you may not access or use the Website.
- Scope of these Terms; Privacy Policy.
1.1. Application of These Terms. These Terms apply to you regardless of how you access, use, or visit the Website.
1.2. Your Agreement to These Terms. Please read these Terms carefully as they impose legal obligations on you and us. By accessing, using, or visiting our Website, you acknowledge and agree to be legally bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, USE, OR VISIT OUR WEBSITE.
1.3. Modification. Except as otherwise provided herein, Pye-Barker reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any changes will be incorporated into the Terms, and you should check the Terms periodically for updates. Changes will be effective immediately and will apply on a going-forward basis unless otherwise provided. Use of the Website following such modification constitutes your acceptance of the modified Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Website.
1.4. Privacy Policy. In addition to these Terms, we publish a Privacy Policy that explains how we collect, use, share, and protect information that you provide to us. Although not a part of these Terms, we encourage you to read the Privacy Policy, which is located here: Privacy Policy.
- Our Grant of Rights to You. Based on your agreement to comply with these Terms and subject to your compliance with these Terms, we grant you the right to access and use the Website and Website Content (as defined in Section 3 below) for your personal, non-commercial use as set forth in these Terms. If you breach the Terms, then the above license will terminate automatically, and you must immediately cease your access and use to the Website and Website Content.
- Pye-Barker Ownership; Reservation of Rights. As between you and us, except for User Content (as defined in Section 4 below), all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Website, including all associated intellectual property rights (collectively, the “Website Content”), are the property of Pye-Barker and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. For the avoidance of doubt, the term “Website Content” expressly excludes User Content. Pye-Barker and its licensors retain all rights with respect to the Website and Website Content except those expressly granted to you in these Terms. For the avoidance of doubt, this includes the right to withdraw, amend, or modify the Website, Website Content, or any other materials we provided on the Website in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website or Website Content are unavailable at any time for any period. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Website, Website Content, or any other material available through the Website unless specifically authorized by these Terms or in writing to do so by Pye-Barker.
- User Content. The term “User Content” means information, text, video, audio, pictures, logos, or other content or materials that you submit to our Website or otherwise make available to us, including, but not limited to: (i) feedback, questions, comments, and suggestions you provide to us via the Website and (ii) any other information, data, other information that you provide to us via the Website. By providing User Content, you grant Pye-Barker a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels (collectively, “Use Rights”). By providing User Content, you represent and warrant to us that you either own such User Content (including any copyright and other intellectual property rights therein) or have obtained sufficient authority, consents and rights in and to the User Content to provide the Use Rights.
- Prohibited Uses. You agree to comply with these Terms and not to (directly or indirectly): (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Website or any component thereof, (ii) use or exploit the Website or any component thereof except solely as expressly permitted pursuant to these Terms, (iii) alter or remove any copyright, trademark, or other protective notices, (iv) reverse-engineer, decompile, or disassemble the Website, (v) use the Website in a manner that could, directly or indirectly, disable, overburden, impair, pose harm or other safety concerns, (vi) transmit or distribute any viruses, malware, or other harmful code, and (vii) collect or compile data from the Website through manual or automated means, or (viii) use or encourage or facilitate others’ use of any portion of the Website for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these Terms, including terminating accounts, blocking access to the Website, or taking other corrective actions, we deem appropriate.
- Links to Third-Party Websites; Advertisers. Our Website or Website Content may contain links or references to third-party websites, services, content, or other material. We have no control over these other websites, services, content, or other material and do not assume responsibility or liability for any such websites, services, or the content, opinions, or material available on them. We do not endorse the content, opinions, or materials of any third-party website, nor do we warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you access any third-party site through the Website or Website Content, then please be aware that you are doing so at your own risk. We encourage you to review any such third-party website’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such third-party website and any information that the operator of such third-party website collects from you.
- Disclaimers.
7.1. Website Features. Although Pye-Barker has used commercially reasonable efforts to provide you with clear and accurate information, THE WEBSITE, INCLUDING WEBSITE CONTENT, ARE BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED ON FOR ANY PURPOSE. BY ACCESSING OR USING THE WEBSITE OR WEBSITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT PYE-BARKER AND ITS LICENSORS AND THEIR SERVICE PROVIDERS SHALL NOT BE BOUND BY ANY INFORMATION ON THE WEBSITE, INCLUDING THE WEBSITE CONTENT. ADDITIONALLY, THE WEBSITE AND WEBSITE CONTENT ARE GENERAL IN NATURE AND NOT TAILORED TO INDIVIDUAL CIRCUMSTANCES. PYE-BARKER AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DO NOT PROMISE, COVENANT, WARRANT, OR REPRESENT THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OTHER HARMFUL CONTENT, OR INACCURACIES. THE WEBSITE AND WEBSITE CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT YOU DO SO AT YOUR OWN RISK.
7.2. Warranty Disclaimers. PYE-BARKER AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DISCLAIM: (I) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (II) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR WEBSITE CONTENT; AND (III) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING WEBSITE CONTENT OR THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. IN SOME JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT BE PERMISSIBLE AS TO INDIVIDUALS, IN WHICH CASE THE ABOVE LIMITATIONS SHALL BE CONSTRUED AND ENFORCED ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PYE-BARKER OR ITS LICENSORS OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF USE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, UNAUTHORIZED ACCESS, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT PYE-BARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PYE-BARKER IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
- Indemnity. You agree to defend, indemnify, and hold Pye-Barker and its subsidiaries, affiliates, officers, directors, agents, representatives, employees, licensors, and service providers (“Pye-Barker Indemnitees”) harmless from and against any claim, action, suit, or proceeding resulting from, arising out of, or related to (i) your breach of these Terms, (ii) your User Content, including any claim that User Content violates the rights of a third-party, and (iii) your access to or use of the Website or Website Content, and you shall indemnify and hold Pye-Barker harmless for all losses, damages, liabilities, and all reasonable expenses and costs (including, but not limited to, attorneys’ fees) incurred by Pye-Barker or any Pye-Barker Indemnitee in any such claim, action, suit, or proceeding. Pye-Barker reserves the right to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. In the event Pye-Barker seeks indemnification, you agree to grant control of the defense and settlement to Pye-Barker and reasonably cooperate with Pye-Barker at your expense.
- Monitoring Website Use. You agree that we have the right and discretion, but not obligation, to monitor any activity and content associated with our Website and Website Content. We may investigate any reported violation of these Terms or complaints relating to the Website and Website Content, and may take any action that we believe, in our sole discretion, is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.
- Assignment. These Terms shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
- Governing Law; Venue. These Terms shall be governed in all respects by the laws of the State of Georgia, without giving effect to its conflicts of law provisions. You and Pye-Barker submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Clayton County. You and Pye-Barker further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.
- Claims Against Other Users. You agree that in the event that you have any right, claim, or action against other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim, or action independently of, and without recourse to, us.
- Injunctive Relief. You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
- Termination; Survival. Pye-Barker may terminate or suspend the Website and/or your account immediately, without prior notice or liability if Pye-Barker believes you have violated the Terms or for any other reason in Pye-Barker’s sole discretion. You agree that Pye-Barker shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 3 (Pye-Barker Ownership; Reservation of Rights); (ii) Section 4 (User Content); (iii) Section 5 (Prohibited Uses); (iv) Section 6 (Links to Third-Party Websites; Advertisers); (v) Section 7 (Disclaimers); (vi) Section 8 (Limitation of Liability); (vii) Section 9 (Indemnity); (viii) Section 12 (Governing Law); (ix) Section 13 (Claims Against Other Users); (x) Section 14 (Injunctive Relief); (xi) Section 15 (Termination; Survival); (xii) Section 16 (Accounts); and (xiii) Section 20 (Complete Agreement).
- Accounts. To create an account, you must provide certain information about yourself. You must be at least eighteen (18) years of age or older to register for an account. By registering, you acknowledge and agree that you are at least eighteen (18) years of age, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change. During the registration process, you must select a password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your account. You agree to notify Pye-Barker immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. Pye-Barker is not liable for any loss, damage, or purchase resulting from your failure to maintain the confidentiality of your account as provided herein.
- Payments; Refunds. If you make a purchase, you will be asked by Pye-Barker or its designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account to purchase any such product. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges, as applicable. If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the Website. We reserve the right to issue refunds, credits, or discounts in our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.
- Copyright Infringement. If you believe that any Website Content constitutes copyright infringement, or violates intellectual property rights, please provide Pye-Barker notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed; (ii) identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; (iii) identification of the material 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 service provider to locate the material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Failure to include all of this above information may result in a delay. You may send your claims of copyright or other intellectual property infringement to webmaster@pyebarker.com.
- Federal and State Laws. The Website is operated from the United States of America (the “U.S.”) and is intended for U.S. residents only. The Website is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Website, Website Content, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
- Export Compliance. The Website and Website Content may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer any Website Content or any direct product thereof to any country, entity, or person prohibited by U.S. law, including any country subject to U.S. trade sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any prohibited party list.
- Complete Agreement. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
- General.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations, other than payment obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.
- Contact Us. We welcome your feedback or suggestions. If you have suggestions, concerns, or questions about these Terms, then please contact us at webmaster@pyebarker.com.