PRIVACY AND TERMS
Terms & Conditions of Use
Your use of the Master Brands Home website (the "Site") is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of this Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use this Site.
These Terms and Conditions May Change
Master Brands Home reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Site.
Copyright and Trademarks
This Site, including all images, text, and other attributes, is subject to copyright and/or other intellectual property rights or licenses owned by Master Brands Home. All product and proprietary feature names, trademarks, service marks, logos and trade names ("Marks") are the property of Master Brands Home. You are prohibited from using any of the Marks for any purpose (including, but not limited to, use as metatags on other pages or sites on the World Wide Web) without the express prior written permission of Master Brands Home. All of the information and content available on or through the Site ("Content") is protected by copyright. Content received through the Site may be displayed, reformatted, and printed for your personal, non-commercial use only. In the event that you download any information or software from the Site, you expressly agree not to copy, reproduce, retransmit, distribute, post on any network, disseminate, sell, publish, broadcast in any media or otherwise circulate such material without the express prior written consent of Master Brands Home. You further agree not to remove or obscure any copyright, other notices or legends contained in any such information. No right, title or interest is transferred to you in any downloaded materials. Master Brands Home reserves all right, title and interest in any Content you download from the Site. You agree that you will not use any device, software or means to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree that you will not redeliver any of the pages, text, images or other content of the Site using linking or framing technology without Master Brands Home's written permission, and that you will not modify or use pages, text, images, or other content from the Site for any other purpose other than as specifically permitted above or otherwise approved by Master Brands Home in writing. Master Brands Home actively and aggressively protects and enforces its intellectual property rights to the fullest extent of the law, including recovery of all available damages, attorney's fees and costs.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
Correction of Errors and Inaccuracies
We have done our best to display as accurately as possible the products shown on this Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any product color will be accurate. Also, the information on this Site may contain typographical errors or inaccuracies and, in some cases, may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Master Brands Home. Your submission of any such Comments shall constitute an assignment to Master Brands Home of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Master Brands Home will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Prices, Shipping and Handling Charges
Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice.
Sales and Other Taxes
We are obligated to withhold sales tax for delivery within certain states and all such taxes shall be automatically charged and withheld. Unless Customer provides us with a valid and correct tax exemption certificate applicable to the product ship-to Location prior to our acceptance of the order, the customer is responsible for sales and all other taxes associated with the order not collected by us.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Compliance With Laws
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the Returns/Exchanges section of this Site) is incorporated herein by reference and made part of these Terms and Conditions.
Termination of Usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
THIS SITE IS OPERATED BY MASTER BRANDS HOME ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MASTER BRANDS HOME, ITS DIVISIONS AND AFFILIATES (COLLECTIVELY, "Master Brands Home") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MASTER BRANDS HOME DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED FOR ANY PARTICULAR ITEM. WITHOUT LIMITING THE FOREGOING, MASTER BRANDS HOME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, MASTER BRANDS HOME DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT AND FEATURE DESCRIPTION. MASTER BRANDS HOME DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS SITE. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE. MASTER BRANDS HOME MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL MASTER BRANDS HOME OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY MASTER BRANDS HOME BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MASTER BRANDS HOME UNDER SUCH CIRCUMSTANCES FOR SUCH LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THIS SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF INDIANA, UNITED STATES OF AMERICA. ©2014 Master Brands Home. All right reserved