Our website is available to users who are 18 years of age or older. By using our website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our website.
2.2. Account Privacy and Responsibilities. If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for maintaining the confidentiality of ANY Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify US of any unauthorized use (or suspected unauthorized use) of your Account or any other DIRECT OR INDIRECT breach of security. WE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
3. Access to our Website.
3.2 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our website and our services and products unless we explicitly agree to provide such support and maintenance services in a separate definitive written agreement between you and us, which has been signed by you and us.
3.4 Links to Our Website. You may not link to our website.
3.5 Geographic Restrictions. The owner of our website is based in the State of New York in the United States. Access to our website may not be legal by certain persons or in certain countries.
3.6 Reliance on Posted Information. The information presented on or through our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
3.8 Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on our website are subject to change without notice. The price charged for a product or service will be the price advertised on our website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion. For existing customers in good standing, as determined in our sole discretion, we may extend credit in which case invoices shall be due and payable as stated on the invoice. We accept credit cards or may invoice you for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our website at the time of your order.
4. Intellectual Property Rights.
4.3 Availability. We work hard to ensure that our website is available, but we cannot guarantee that the website will not have downtime for any reason. We reserve the right to close the website for certain periods of time for general maintenance, but we will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the website is unavailable at any time, for any length of time.
4.4 Trademarks. You may not use our name, our logo, and all related names, logos, product and service names, designs and slogans without our prior written consent. All other names, logos, product and service names, designs and slogans on our website are the trademarks of their respective owners.
5. Use of our Website.
5.1 User Information. The term “User Information” means any and all information and content that a user submits to (or uses with) our website and/or our services, including without limitation content in a user’s profile. You are solely responsible for your User Information. You assume all risks associated with the use of your User Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Information that personally identifies you or any third party.
5.2 Covenants on Use. You agree not to: (i) upload, transmit or distribute to or through our website any computer viruses, worms or software intended to damage or alter a computer system or data; (ii) interfere with, disrupt or create an undue burden on servers or networks connected to our website, or violate the regulations, policies or procedures of such networks; or (iii) attempt to gain unauthorized access to our website (or to other computer systems or networks connected to or used together with our website), whether through password mining or any other means.
6. Copyright and Trademark Information. Copyright © 2021 HARDWARE SPECIALTY CO., INC. All rights reserved. All content displayed on our website and/or our products and services, such as trademarks, service marks, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software are our property or the property of third parties. You are not permitted to use such trademarks, service marks, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software without our prior written consent or the consent of such third-party owner. The compilation of all content on this site is our exclusive property, with copyright authorship for this collection by us and protected by international copyright laws.
7. Confidentiality and Security.
7.2. Security. We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card data), that information is transmitted to us in a secure way. Only employees who need the information to perform a specific job (e.g., billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
8. Compliance with Law.
8.1. Local Laws. We control and operate our website from our headquarters in the United States. If you use our website from outside the United States, you are entirely responsible for compliance with applicable local laws, including without limitation the export and import laws of other countries in relation to the materials and third-party content.
8.2. Export. Our website and/or our products and services may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any United States technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.
10. Disclaimers and Limitations of Liability.
10.1. Disclaimers. YOUR USE OF OUR Website, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR Website IS AT YOUR OWN RISK. OUR WEBSITE AND OUR SERVICES are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS, AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM DELIVERY.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR Website OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR Website OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Website LINKED TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We do not undertake to review all material before it is posted on our website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Neither party will be liable for delays caused by any event or circumstances beyond its reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service failures or delays.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10.4. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, our website and our services (including any interactions with, or act or omission of, other users of our website and our services or any Third Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
12.3 Electronic Communications. The communications between you and us use electronic means, whether you use our website and our services or send us emails, or whether we post notices on our website or communicate with you by email. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard-copy writing. The foregoing does not affect your non-waivable rights.
12.4 California Complaints. We are located at the address set forth in Section 12.4 below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.8 Headings, Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
13. Contact Information.
HARDWARE SPECIALTY CO., INC.
48-75 36th Street
Long Island City, New York, 11101
14. Country-Specific Terms. See Exhibit A for General Data Protection Regulation (“GDPR”)-specific rider.
Last Updated: [September 24, 2021]
EU1. Right of Withdrawal. In certain European countries, you have a legal right to cancel an order within a certain period of time. For details, see the country-specific terms for your country.
EU2. GDPR Terms for Customers in Europe.
EU 2.1 Effective Date and Definitions. These additional terms will apply to you from when you are a customer of ours and are operating as a “data controller” (as that term is defined in the GDPR) in your use of our services. The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
EU 2.4 Our Obligations. Where we are processing personal data on your behalf, we will:
(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and our privacy policies constitute such documented instructions;
(b) ensure that all of our personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by us and is not otherwise available to you through your account and user areas or on our websites, provided that you provide us with at least fourteen (14) days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through our website;
(e) upon deletion by you, not retain personal data from within your account other than historical information and/or in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes; and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving our services.
EU 2.6 Security Measures. We have, taking into account the state of the art, cost of implementation and the nature, scope, context and purposes of our services and the level of risk, implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data.
EU 2.7 Security Incident. If we become aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure (or destruction of) personal data (“Security Incident”), we will take reasonable steps to notify you without undue delay. We will also reasonably cooperate with you with respect to any investigations relating to a Security Incident.
EU 2.8 International Transfer. To the extent applicable, we rely (in order of precedence) upon (i) our “Privacy Shield” certification, if any; (ii) standard contractual clauses, for data transfer to the United States to us. We also rely on standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States or countries that do not have adequate levels of data protection as determined by the European Commission.