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Welcome to our online store! The
Action Hardware Shop and its associates provide their services to you subject to
the following conditions. If you visit or shop within this website, you accept
these conditions. Please read them carefully. PRIVACY Please review our Privacy
Notice, which also governs your visit to our website, to understand our
practices.
ELECTRONIC COMMUNICATIONS When you
visit The Action Hardware Shop or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of The
Action Hardware Shop or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of The Action Hardware Shop, with copyright authorship for
this collection by Action Hardware, and protected by U.K. and international
copyright laws.
TRADEMARKS The Action Hardware
Shops trademarks and trade dress may not be used in connection with any product
or service that is not The Action Hardware Shops, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits The Action Hardware Shop. All other trademarks not owned by The
Action Hardware Shop or its subsidiaries that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by The Action Hardware Shop or its subsidiaries.
LICENSE AND SITE ACCESS The Action
Hardware Shop grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of The Action Hardware Shop.
This license does not include any resale or commercial use of this site or its
contents: any collection and use of any product listings, descriptions, or
prices: any derivative use of this site or its contents: any downloading or
copying of account information for the benefit of another merchant: or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of The Action Hardware Shop. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of The Action
Hardware Shop and our associates without express written consent. You may not
use any meta tags or any other ":hidden text": utilizing The Action Hardware
Shops name or trademarks without the express written consent of The Action
Hardware Shop. Any unauthorized use terminates the permission or license granted
by The Action Hardware Shop. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of The Action Hardware
Shop so long as the link does not portray The Action Hardware Shop, its
associates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any The Action Hardware Shop logo or
other proprietary graphic or trademark as part of the link without express
written permission.
YOUR MEMBERSHIP 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. If you are under 18, you may use our website only with involvement of
a parent or guardian. The Action Hardware Shop and its associates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS,
AND OTHER CONTENT Visitors may post reviews, comments, and other content: and
submit suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of ":spam.": You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. The Action Hardware Shop reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content. If you do post content or submit material, and unless we indicate
otherwise, you grant The Action Hardware Shop and its associates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant The Action Hardware Shop and its associates and sublicensees the right to
use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post: that the content is accurate: that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity: and that you will indemnify The Action Hardware Shop or its
associates for all claims resulting from content you supply. The Action Hardware
Shop has the right but not the obligation to monitor and edit or remove any
activity or content. The Action Hardware Shop takes no responsibility and
assumes no liability for any content posted by you or any third party.
RISK OF LOSS All items purchased
from The Action Hardware Shop are made pursuant to a shipment contract. This
basically means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT DESCRIPTIONS The Action
Hardware Shop and its associates attempt to be as accurate as possible. However,
The Action Hardware Shop does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by The Action Hardware Shop itself is not as described, your
sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY The Action Hardware Shop ON AN
":AS IS": AND ":AS AVAILABLE": BASIS. The Action Hardware Shop MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Action Hardware
Shop DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Action Hardware Shop DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM The Action Hardware Shop ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. The Action Hardware Shop WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS. APPLICABLE LAW By visiting The Action Hardware Shop, you
agree that the laws of the state of Essex, without regard to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and The Action Hardware Shop or its
associates. DISPUTES Any dispute relating in any way to your visit to The Action
Hardware Shop or to products you purchase through The Action Hardware Shop shall
be submitted to confidential arbitration in Essex, except that, to the extent
you have in any manner violated or threatened to violate The Action Hardware
Shops intellectual property rights, The Action Hardware Shop may seek injunctive
or other appropriate relief in any state or federal court in the state of Essex,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrators award shall be binding and may
be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your visit to The Action
Hardware Shop. We reserve the right to make changes to our site, policies, and
these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
QUESTIONS: Questions regarding our
Conditions of Usage, Privacy Policy, or other policy related material can be
directed to our support staff by clicking on the "Contact Us" link in the side
menu. Or you can email us at: Action Hardware
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