TERMS OF USE and PRIVACY POLICY

TERMS OF USE

Acceptance of Terms and Conditions of Use

This Terms of Use Agreement ("Terms of Use") applies to use of the Home HardwareDirect.com and HomeHardwarePro.com website(s) located at http://www.homehardwaredirect.com and homehardwarepro.com respectively (these "Sites"). These Sites are the property of Home Hardware Direct LLC. By using, visiting, or browsing the either of these Sites, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the HomeHardwareDirect.com store or HomeHardwarePro.com Directory, including our website and user interfaces.

Trademarks and Copyrights (Content and Intellectual Property)

You acknowledge that the Sites contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content" “Intellectual Property”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The reproduction, copying, downloading, storage, recording, broadcasting, retransmission or distribution of any part of these Sites is not permitted. Nothing set forth herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Home Hardware Direct LLC or any third party. The "Home Hardware Direct" and "Home Hardware Pro" names and logos, "HomeHardwarePro.com," "HomeHardwareDirect.com", and all other related products, service names, design marks and slogans are trade names, service marks, or registered trademarks of Home Hardware Direct LLC and may not be used in any manner without the prior written consent of Home Hardware Direct LLC. All other trademarks and service marks that may appear on the Site are the property of their respective owners. Home Hardware Direct LLC does not take responsibility for monitoring the use by others of copyrights, trademarks, patents or other intellectual property of third parties published on the Site. We reserve the right (but shall have no obligation), at our sole discretion, to remove Content, suspend or terminate Site access, or take other appropriate action against users, advertisers or other third parties who infringe the copyright rights of others

Information You Provide

All information provided by you to Home Hardware Direct LLC in connection with your use of the Site and that is not otherwise protected from disclosure in accordance with Home Hardware Direct LLC's Privacy Policy, will not be treated as confidential, and we assume no obligation to protect such information. You agree that we shall be free to use, disclose and distribute such information to third parties, without limitation.

Third Party Content

The Content may contain information provided by third parties including, but not limited to, advertisers, content partners, software developers, contractors, builders, users, resellers and others. In addition, these Sites provide links to external websites owned and/or operated by third parties ("Third Party Sites"). References on our Sites to products, services, trademarks, trade names, design marks, or processes of third parties and/or links to Third Party Sites do not constitute or imply endorsement, sponsorship or recommendation by Home Hardware Direct LLC of such third party or its products or services. We assume no responsibility to screen or investigate, and we make no representation concerning the content that third parties submit for publication on these Sites. Home Hardware Direct LLC is not responsible for the content, functionality, or technological safety of Third Party Sites to which you may link from this Site. If you decide to access any such Third Party Sites, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on our Sites, you are advised to read the conditions of use and privacy policy of such Third Party Site before you use such site. Home Hardware Direct LLC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. We also reserve the right to disable links to or from Third Party Sites to our Sites, although we are no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use Home Hardware Direct LLC Marks as part of a co-branding relationship. Home Hardware Direct LLC does not guarantee the accuracy, quality, relevancy, decency, copyright compliance or legality of any Content published on the Site or materials contained in any Third-Party Sites.

Delivery and Shipping

Delivery - Products will ship out within 1 to 3 days of placing your order. At order completion an email will be delivered to your inbox on file for order tracking. Please allow 7 to 10 business days for products to be delivered.

Shipping - We offer anywhere in the 48 Contiguous States within United States via UPS Ground. Shipping will vary by weight items and shipping method. Home Hardware Direct is constantly working to offer its customers professional, accurate and cost-efficient orders in the most timely fashion possible.

Returns

All returns are subject to manufacturer or distributor return policies. Restocking fees will vary by manufacturer or supplier. Any restocking fees will be applied to your account.

First be sure to inspect your product immediately upon receiving. If an item is defective or missing you should contact Customer Service (Email:customerservice@homehardwaredirect.com) at Home Hardware Direct, LLC within 30 days from the date that the order was received. If the product is defective Home Hardware Direct will pay for return shipping and shipping of a replacement product or a credit will be issued to your account at your request. Credits will be issued in 3-5 business days of receipt of returned product. No credit will be issued for taxes and free shipping. If an item(s) is returned for credit and the order then becomes ineligible for FREE Shipping, the order will be adjusted and we will credit the appropriate funds to your account. Example: your order total is $120 and you receive free shipping. A $30 item is returned resulting in your order totaling $90. Shipping charges will be calculated and deducted from any credit due from your return.

*If you are not satisfied or want to return a product a RESTOCKING FEE will be applied to your account. Restocking Fees differ by manufacturer.
*Home Hardware Direct, LLC carries products from various manufacturers and each supplier carries their own return policies. Some return policies expire before 30 days. Some items cannot be returned if opened or installed.
*Home Hardware Direct, LLC is not responsible for installation mistakes done by licensed or unlicensed installers.
* Any returned items should be shipped to the manufacturer or distributor and NOT Home Hardware Direct, LLC.
*After 30 Days there will be no refund or exchange. Return the product in its original package with all parts intact. A credit will not be issued if the merchandise is not the original product invoiced or in the original packaging.
* See Returns Policy page for more detailed return information by category.

Liability Limitations

HOME HARDWARE DIRECT LLC, INCLUDING OUR WEBSITES, DIRECTORY, USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH HOME HARDWARE DIRECT LLC, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS OR ERRORS WITHOUT WARRANTY OF ANY KIND.

Home Hardware Direct LLC does not promise that these Sites will be error-free, or that your use of these Sites will be uninterrupted, or that it will provide specific results. The Sites and the Content are delivered on an "as-is" and "as-available" basis. Home Hardware Direct LLC cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Home Hardware Direct LLC disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. In no event will Home Hardware Direct LLC be liable to you for any damages of any kind arising from your use of these Sites, including, without limitation, direct, indirect, incidental, consequential exemplary, special or punitive damages, including lost profits, to the extent permitted by law. Home Hardware Direct LLC disclaims any and all liability for the acts, omissions, and conduct of any third-party users, advertisers, and/or sponsors on these Sites, in connection with these Sites, or otherwise related to your use of these Sites. Home Hardware Direct LLC is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on these Sites.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. HomeHardwareDirect.com and/or HomeHardwarePro.com may exercise any other remedy available and remove any Materials, if HomeHardwareDirect.com and/or HomeHardwarePro.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of HomeHardwareDirect.com and/or HomeHardwarePro.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to HomeHardwareDirect.com and/or HomeHardwarePro.com for violations of these Terms of Use, HomeHardwareDirect.com and/or HomeHardwarePro.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in HomeHardwareDirect.com and/or HomeHardwarePro.com's sole discretion, you have violated these Terms of Use.

Miscellaneous

These Terms of Use and any and all documents specifically referenced herein constitute the entire agreement between you and Home Hardware Direct LLC with respect to the subject matter hereof. If any provision contained in these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these Terms of Use and the remaining provisions shall continue in full force and effect.

Changes and Updates

These Terms of Use may be amended from time to time without notice. Changes to these Terms of Use will be posted on these Sites, and your continued use of these Sites following such posting shall constitute your acceptance of the revised Terms of Use.

PRIVACY POLICY

By visiting this website you agree to be bound by the terms and conditions of this Privacy Statement. If you do not agree please do not use or access this site or our services. If you feel that this company is not abiding by its posted privacy policy, you should first contact the Customer Care Department of Home Hardware Direct, LLC by email at: customercare@homehardwaredirect.com. Your privacy is very important to us. Home Hardware Direct, LLC respects and protects the privacy of its visitors. In this document, we explain how we use the information you supply us. If we update our privacy policy, all revisions will be posted on this page. We reserve the right to change the privacy policy at any time.

Personal Information We Collect

Account Information: Home Hardware Direct, LLC ("HomeHardwareDirect.com" “Our” or "We") collects personal information that you provide when using the HomeHardwareDirect.com website ("Site"). This information includes your first and last name, email address, username and a password when you create your HomeHardwareDirect.com account. YOU DO NOT HAVE TO CREATE AN ACCOUNT TO BROWSE OR PURCHASE PRODUCTS FROM THIS SITE.

Order Information:When you make a purchase from HomeHardwareDirect.com, we collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, mailing address, email address, payment (credit/debit card information) and phone number of the intended recipient(s).We may also ask you to confirm your personal information when you contact our Customer Service department. This will allow us to protect your confidentiality by verifying your identity.

How We Use Your Personal Information

Personally Identifiable Information - Information that you knowingly provide us. Non-personally Identifiable Information – Information obtained from your visit but is not directly associated with you.

The personal and non-personal information we collect will be used for the following purposes but not limited to:

• Processing orders, services or information
• Confirm and track orders
• Shipping and delivery of orders
• Fraud prevention
• Managing rewards programs
• Providing customer service
• Improving website productivity and shopping experience
• Research and analysis
• Communicating products and savings to you
• Comply with required legal procedures and regulations

What Information We Share

We will share personal customer information and/or purchase history only with our appropriate staff, service providers and contractors for limited purposes, including but not limited to, fulfilling customer orders; offering certain products and services; research and analysis; communicating to customers; providing customer service; enhancing and improving customers' shopping experience; administering or facilitating surveys; offering targeted marketing communications to users that opted-in to receive such communications; providing a personalized shopping experience; preventing fraud; and completing payment method processing.

We will not sell or rent your personally identifiable information to anyone at any time. We may send personally identifiable information about you to other third party business affiliates when:

• We have your consent to share the information (you will be provided the opportunity to opt-out if you desire). For example, if you opt-in for emails we will share this information with our marketing provider.
• We need to share your information in order to provide the product or service you have requested. For example, we need to share information with credit card providers and shippers to bill and ship the product you requested.
• We are required to do so by law, for example, in response to a court order or subpoena.

Protecting the Privacy of Children

Home Hardware Direct, LLC (“HomeHardwareDirect.com”) is dedicated to protect the privacy of children. In accordance to the Children’s Online Privacy Protection Act 1998 (COPPA), we do not knowingly or intentionally collect personal information online from children under the age of 13. If we discover such information, we will delete it.

Cookies

Our Sites use a technology called "cookies". A cookie is a small piece of data (text file) that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We may use cookies to recognize you when you visit our site, to personalize your experience and generally to serve you better. We do not use cookies to track your activities once you leave our web site.

You may delete these files from your computer at any time. You can set your web browser to notify you if such information is about to be placed on your computer, and you can choose the option in your web browser to refuse it. If you refuse the information, you may not be able to make full use of the features on our web site.

Security

This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive information, that information is encrypted with SSL (Secure Socket Layer) protection. While on a secure page, such as our order form and registration process, the lock icon on the bottom of Web browsers in the status bar. Also, the beginning of the web address will change from http:// to https://, ensuring that you are now on a secure connection.

Third Party Links

Home Hardware Direct, LLC provides links to third party websites as a convenience to the user. The inclusion of any link does not imply Home Hardware Direct, LLC’s endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend that you read carefully. Please be aware that Home Hardware Direct, LLC is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collect, use or disclose personally identifiable information.

Changes to this Privacy Policy

Home Hardware Direct, LLC reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

This Privacy Policy was last updated on August 16, 2011. Please check our Privacy Policy periodically for changes.

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