1-800-432-8979

Terms and Conditions

(Terms of Use)

Revised: October 2020

Agreement between User and Hardware-Everywhere.com

Welcome to Hardware-Everywhere.com. The Hardware-Everywhere.com website (the “Site”) is comprised of various web pages operated by Hardware Everywhere (“Hardware Everywhere”). Hardware-Everywhere.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Hardware-Everywhere.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. Hardware-Everywhere.com is an e- commerce site which provides products to consumers, specifically fasteners and construction related materials. The terms Terms of Use and Terms and Conditions are used interchangeably.

When placing orders, charges reflected in your shopping cart, including merchandise prices, are subject to correction in the event of calculation or printing errors. If a pricing error occurs, Hardware Everywhere will contact you before proceeding with your order. While our team works diligently to review the safety of all products with our vendors, we cannot be held liable for accidents resulting in personal injury that involve a product purchased on the site.

Privacy & Security

Your use of Hardware-Everywhere.com is also subject to Hardware Everywhere’s Privacy Policy for your protection. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Hardware-Everywhere.com or sending e-mails to Hardware Everywhere constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hardware Everywhere is not responsible for third party access to your account that results from theft or misappropriation of your account. Hardware Everywhere and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

When you use Hardware Everywhere’s website and/or register for an account, you agree to all of the terms herein. We may update these terms and will notify you via e-mail or a prominent posting on this customer service page. Your continued use of this site after such notification indicates that you accept any and all changes. Users who do not subscribe to our email are encouraged to check this page periodically for any changes.

Children Under Eighteen

Hardware Everywhere does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use Hardware- Everywhere.com only with the permission of a parent or guardian.

Cancellation/Refund Policy

We stand behind our high-quality products, however, should you need to return your products simply ship the item back to our location (within 30 days after receipt of items) in the original packaging. We will issue a prompt refund less a 50% restocking fee. We cannot accept returns that are not in the original packaging or without a Return Merchandise Authorization (RMA) provided by Hardware Everywhere. Please note that we do not cover the return shipping cost. Your satisfaction is our top priority. If any problems arise, please contact us so that we may work to correct the issue. Please view our full Return Policy for information regarding refunds. You may also contact us at info@hardware-everywhere.com with questions.

Links to Third Party Sites/Third Party Services

Hardware-Everywhere.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hardware Everywhere and Hardware Everywhere is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hardware Everywhere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hardware Everywhere of the site or any association with its operators.

Certain services made available via Hardware-Everywhere.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Hardware- Everywhere.com domain, you hereby acknowledge and consent that Hardware Everywhere may share such information and data with any third party with whom Hardware Everywhere has a contractual relationship to provide the requested product, service or functionality on behalf of Hardware-Everywhere.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

Hardware-Everywhere.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hardware Everywhere that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hardware Everywhere or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hardware Everywhere content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Hardware Everywhere and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hardware Everywhere or our licensors except as expressly authorized by these Terms. There is a blanket exception for both parties to allow the providing of engineering data (prints, technical documentation, images) to an engineer or project manager for review in making a purchasing decision – neither party waives its rights to the information used for this purpose.

International Users

The Service is controlled, operated and administered by Hardware Everywhere from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hardware Everywhere Content accessed through Hardware-Everywhere.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Hardware Everywhere, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hardware Everywhere reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event

you will fully cooperate with Hardware Everywhere in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Hardware Everywhere agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information

herein. Hardware everywhere and/or its suppliers may make improvements and/or changes in the site at any time.

Hardware everywhere and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Hardware everywhere and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall hardware everywhere and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Hardware Everywhere or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction

Hardware Everywhere reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hardware Everywhere as a result of this agreement or use of the Site. Hardware Everywhere’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hardware Everywhere’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hardware Everywhere with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hardware Everywhere with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hardware Everywhere with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms

Hardware Everywhere reserves the right, in its sole discretion, to change the Terms under which Hardware-Everywhere.com is offered. The most current version of the Terms will supersede all previous versions. Hardware Everywhere encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Hardware Everywhere welcomes your questions or comments regarding these Terms. You may contact us at info@hardware-everywhere.com or 1-800-432-8979.