PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to,
and use of this site, are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.
Trademarks
Trademarks, service marks and trade names of WesternHardware.com used in the
site are trademarks or registered trademarks and sole property of Western
Hardware Company.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law WesternHardware.com
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose
and non-infringement WesternHardware.com does not represent or warrant that
the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components. WesternHardware.com
does not make any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
WesternHardware.com shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the services and products
offered on this site, or the performance of the services and products.
Typographical Errors
In the event that a WesternHardware.com product is mistakenly listed at an
incorrect price, WesternHardware.com reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. WesternHardware.com
reserves the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is cancelled, WesternHardware.com
shall issue a credit to your credit card account in the amount of the incorrect
price.
Term: Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and conditions,
or any part of them, may be terminated by WesternHardware.com without notice
at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
WesternHardware.com may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to WesternHardware.com.
Guarantees
WesternHardware.com offers the following guarantee. If you purchase any item
from WesternHardware.com and for any reason you decide that you would like
a refund, you have 15 days to request a refund. If you request a refund within
15 days from the date of purchase, WesternHardware.com will give you a full
refund of your purchase price for the course. If you do not request a refund
within the 15 day refund period, you forfeit this option and will not be eligible
for a refund.. The refund only includes the price of the goods sold and not
the shipping charges. Customer will be responsible for shipping the goods
back at their cost within the 15 day window or will not receive a refund.
Miscellaneous
WesternHardware.com reserves the right to refuse service. Your use of this
site shall be governed in all respects by the laws of the state of California,
U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of WesternHardware.com products or services) shall be in the state
or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not limited
to the purchase of WesternHardware.com products) must be commenced within
one (1) year after the claim or cause of action arises. WesternHardware.com’s
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. WesternHardware.com
may assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat,
or by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a WesternHardware.com or other licensed employee, host,
or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others
to join or become members of any other commercial online service or other
organization.
Indemnification
You agree to indemnify, defend, and hold harmless WesternHardware.com , its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, WesternHardware.com
may link to sites operated by third parties. However, even if the third party
is affiliated with WesternHardware.com, WesternHardware.com has no control
over these linked sites, all of which have separate privacy and data collection
practices, independent of WesternHardware.com. These linked sites are only
for your convenience and therefore you access them at your own risk. Nonetheless,
WesternHardware.com seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does
not work).
Shipping & Handling
WesternHardware.com uses UPS to ship all goods. It is the duty of the customer
to provide accurate information to compute shipping charges. If the customer
selects the wrong shipping method or provides faulty information, WesternHardware.com
has the right to contact the purchaser and may issue a new invoice for the
corrected charges. If the customer refuses to pay the revised invoice, the
order will be cancelled and the customer will be issued a refund if payment
has been made. WesternHardware.com may charge a handling fee in additional
to the shipping fee. If the order is cancelled for any reason, including the
customer’s failure to comply with the terms of this agreement, WesternHardware.com
will not refund the shipping or handling fee once the order has been shipped.
Customer will be charged any “recall” fee charged by UPS to cancel
the order in transit.