Terms and Conditions
contact@homeimprovementgears.com
Effective Date: January 1, 2023
This web page represents a legal document and is the Terms and Conditions (Agreement) for our websites. By using our websites, you agree to fully comply with and be bound by the following Agreement each time you use our websites.
Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to HomeImprovementGears.com., the owner of this website. A “Visitor” is someone who merely browses our websites. The term “User” is a collective identifier that refers to either a Visitor or a User. The term “Product” refers to any products we promote or review.
All text, information, graphics, design, and data offered through our Website or Services produced by us, are collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and HomeImprovementGears.com
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and HomeImprovementGears.com and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking to https://homeimprovementgears.com/privacy-policy/ If you do not accept and agree to be bound by all the terms of this Agreement, including the HomeImprovementGears.com Privacy Notice, do not use this Website or our Services.
Arbitration
Any legal dispute or claim arising from or related to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be resolved solely through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute or claim will be arbitrated on an individual basis and will not be consolidated with any dispute or claim of any other party.
The arbitration will be conducted in a location mutually agreed upon by both parties. The arbitration award may be entered as a judgement in any court having jurisdiction. You or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear an equal share of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in a location mutually agreed upon by both parties, and will be governed by and construed in accordance with the laws of the jurisdiction where the agreement is executed and performed without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Limited License
HomeImprovementGears.com grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and HomeImprovementGears.com.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of HomeImprovementGears.com.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Complying With Sweepstake, Contest, and Privacy Laws
By using our services for advertising, contests and sweepstakes, you agree to the following:
- to comply with all sweepstake, contest, and advertising laws that apply to you and/or your business.
- that your advertisements, sweepstakes, or contests will not link to any website that violates any laws or intellectual property rights, is fraudulent or deceptive in any fashion, or that in the sole discretion of HomeImprovementGears.com may cause harm to our website visitors or users.
- to post a privacy notice on your website that complies with the privacy laws of the countries you engage users, visitors and customers in.
- to be solely responsible for any legal damages to any party, including HomeImprovementGears.com, resulting from any legal actions that arise from your advertisements, sweepstakes, or contests.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
HomeImprovementGears.com reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Disclaimer
Our Website displays content that is publicly available from third parties such as Users, Advertisers, Merchants, and Sponsors. As such, HomeImprovementGears.com does not have editorial control over the content displayed and cannot guarantee its accuracy, completeness, or legality. Any opinions or information expressed by third parties on our Website are those of the respective authors and do not reflect the views of HomeImprovementGears.com. HomeImprovementGears.com is not responsible for any content publicly available on our Website and does not endorse it in any way.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and HomeImprovementGears.com. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Warranty Disclaimer
HomeImprovementGears.com is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, posted or caused by HomeImprovementGears.com. Although we provide guidelines for our website users, we do not control and are not responsible for the content users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. HomeImprovementGears.com is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. HomeImprovementGears.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of user communications.
HomeImprovementGears.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to website users or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will HomeImprovementGears.com be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
HOMEIMPROVEMENTGEARS.COM WILL NOT BE HELD LIABLE FOR ANY ISSUES ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICES. HOMEIMPROVEMENTGEARS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. HOMEIMPROVEMENTGEARS.COM DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU PURCHASE OR OTHERWISE OBTAIN PRODUCTS FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, BOTH PHYSICALLY AND DIGITALLY, SUCH AS LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. HOMEIMPROVEMENTGEARS.COM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOMEIMPROVEMENTGEARS.COM.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL HOMEIMPROVEMENTGEARS.COM OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR PRODUCTS PURCHASED THROUGH OUR WEBSITE OR SERVICES, EVEN IF HOMEIMPROVEMENTGEARS.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a website user/visitor, you agree not to use our website and its related posts/pages to do any of the following:
Upload, post, or otherwise transmit any Website Content that:
1.Violates any local, state, federal, or international laws
2.Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3.Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4.Links directly or indirectly to any materials to which you do not have a right to link
5.Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
6.Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
7.Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8.In the sole judgment of HomeImprovementGears.com is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose HomeImprovementGears.com or our Users to any harm or liability of any type
Use our Content to:
1.Develop a competing website
2.Create compilations or derivative works as defined under United States copyright laws
3.Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism (Note: This does not refer to any content licensed to you specifically for redistribution/resale)
4.Decompile, disassemble, or reverse engineer our Website, Services, and any related software
5.Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
HomeImprovementGears.com has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are making a purchase through us, (i) any credit information you provide is accurate and complete, (ii) charges incurred by you will be accepted by your bank or credit card company, (iii) you will pay the charges incurred at the posted prices, including any applicable taxes, and (iv) if your initial payment method is rejected, you will still pay the incurred charges, including any surcharge we may incur due to the rejected payment.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.