Disclaimers and Indemnity
By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by HomeSupply.net. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that HomeSupply.net and various authors and publishers’ providing such information are not engaged in, and that providing such information does not constitute the rendering of medical, legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
This site contains facts, views, opinions, statements, and recommendations of third party individuals and organizations. None of them or HomeSupply.net (and its affiliated entities, together “The Company”) represents or endorses the accuracy, currency, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed “as is” and appear on the site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. There is no warranty as to the quality, accuracy, completeness, and validity of any materials on the web site, or that the functions contained on the web site will be uninterrupted or error-free, or that defects will be corrected.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.
HomeSupply.net operates the Site within the United States. The company makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of Texas; provided, however, that notwithstanding anything contained in this Agreement to the contrary, the company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.
HomeSupply.net is not responsible for the content of any sites that may be linked to or from www.homesupply.net. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from us and we have no control over the content of that other web site. In addition, a link to any other web site does not imply that we endorse or accepts any responsibility for the content or use of such other web site.
Notice and Take Down Procedures
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by contacting HomeSupply.net’s copyright agent (identified below) and provide the following information:
– A clear statement identifying the works, or other materials believed to be infringed.
– A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
– Sufficient information about the location of the allegedly infringing materials so that HomeSupply.net can find and verify its existence.
– Your name, telephone number and e-mail address.
– A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
– A signature or the electronic equivalent from the copyright holder or authorized representative.
Company’s agent for copyright issues relating to this Site is M. Hill and may be contacted by email at firstname.lastname@example.org or calling 903-796-1877.
Pricing Changes or Errors
All prices are subject to change without notification. In the event of a pricing error, HomeSupply.net may refuse or cancel any orders placed for that item. We will notify you of any cancellations.
Product and Services Information
Most products (and some services) offered on the Site are available in our catalogs, if catalogs are available, however, prices and availability may vary. Prices shown on the Site apply to the products and services on the Site and may change at any time without notice. We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an e-mail order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to specific individuals or specific re-sellers.
Site Content and Information
This Site contains information, advice, text, and other materials that are provided for your convenience. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. HomeSupply.net makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the HomeSupply.net website does not imply endorsement of that product or publication.
Termination of Accounts
The Company may, at its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.
Trademarks, Copyrights and Restrictions
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of HomeSupply.net or such third party that may own the trademark or copyright of information displayed on this Site.
This Site and all materials on the Site, including, but not limited to, images, product information, documents, forms, contracts, data arrangement, category arrangement & information, page arrangement, formatting, layouts, posts, reviews, video clips, sales information, company information (the “Materials”) is the property of HomeSupply.net and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by HomeSupply.net and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.HomeSupply.net, or any other web site owned or operated by HomeSupply.net without our prior written permission. However, you may print one copy of an item with a maximum of four total prints per individual or company per year of the product information displayed on the website, provided that they are not used for any commercial purpose other than printing a copy of an item page to telephone in an order to our company alone, and may not be distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of HomeSupply.net’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without our prior written permission. The infringing party will be held accountable for legal damages and the legal fees incurred by HomeSupply.net to collect those legal damages.
The logo and company slogan “Your Net Savings Store!” are also the property of HomeSupply.net. All other manufacturer marks, names, and logos mentioned herein are the property of their respective owners. All products and product logos on this site are registered or are generally registered trademarks of their respective manufacturers.
All of your rights and remedies with respect to your order, purchase, possession, and use of the other products and all maintenance, update, warranty, liability, and any other obligations related to the other products, if any, shall be governed by the applicable policies and procedures of those suppliers or manufacturers.
Typographical and Image Errors
In the event a product is listed at an incorrect price or contains an incorrect item description or typographical error, entry error or unit of measure information received from our vendors, HomeSupply.net shall have the right to refuse or cancel any orders placed for said product(s). If your credit card has already been charged for the purchase and the order is cancelled, HomeSupply.net will immediately issue a credit to your credit card account in the amount of the incorrect price. If the incorrectly priced item(s) or incorrectly packaged item(s) were shipped and delivered to the customer; HomeSupply.net will pick up the incorrectly shipped items at no charge to the customer, and credit the customer’s credit card in full once the returned shipment is received. Please do not open an incorrectly shipped item(s), as you may be charged for the opened item(s) at the correct pricing. If a customer does not allow one of our shipping carriers to pick up and return the incorrect item(s), the customer will then be charged for the retained item(s) at the correct pricing. All items with incorrect descriptions or product names will only be accepted for return within 60 days of order placement. Please be aware that HomeSupply.net is not responsible for incorrect product images from vendors. Although we do attempt to make sure that every product image is correct and accurate, some images may be incorrect. Please do not make all purchasing decisions based upon the product image alone.
Your use of HomeSupply.net’s website or ordering via the telephone using a HomeSupply.net representative is governed by the policies, terms, and conditions set forth herein. By using this website, or placing your order via the telephone; you indicate your acceptance of, and agreement to be bound by, these terms and conditions. If you do not agree to these terms and conditions, please do not use this site and do not submit any information or orders over the telephone or using this website. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications (written or oral), agreements, purchase orders, or invoices, whether or not such terms or conditions are signed by HomeSupply.net. HomeSupply.net reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site. HomeSupply.net’s website and board community (the “Site”) are currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement. HomeSupply.net reserves the right to change the nature of this relationship at any time, and to revise these guidelines from time to time as it sees fit without notice. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services. Users should check these guidelines periodically. By using the Site after we post changes to these guidelines, you agree to accept those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these guidelines. If you do not agree to abide by these terms, please do not enter the Site. By placing an order with HomeSupply.net via any order placement method, you agree to hold the company harmless from any claims, liabilities and expenses, including attorney’s fees and court costs. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
HomeSupply.net passes along to the customer any manufacturers’ warranties applicable to products. However, HomeSupply.net provides no warranties of any kind. Whether express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, on the products it sells to customer, and all such warranties are expressly excluded.
Customer’s sole remedy, and HomeSupply.net’s sole liability for non-conforming goods rejected as provided herein, shall be limited to replacement of the products or, at HomeSupply.net’s option, refunding the portion of the price of such non-conforming products paid to HomeSupply.net. In no event shall HomeSupply.net’s liability for claim, loss, costs of damages relating to any products shipped, stored, sold or delivered hereunder, exceed the purchase price therefore, nor shall the company be liable for any loss, charge or damages resulting from its inability to procure any products.