Privacy/Returns11
READ CAREFULLY. This Terms of Use Agreement
("Terms of Use") applies to use of the
independenthome.com website located at
http://independenthome.com (the "Site"). The
Site is the property of independenthome.com
Inc. Before you make any purchases, you must
first establish a customer account ("My
Account"). BY CLICKING "I HAVE READ,
UNDERSTAND AND AGREE TO THE TERMS OF USE,"
YOU AGREE TO THESE TERMS OF USE. IF YOU DO
NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO
NOT USE THE SITE.
independenthome.com reserves the right, at
its sole discretion, to change, add or
remove portions of this Terms of Use, at any
time. It is your responsibility to check
this Terms of Use each time before using the
Site. Your continued use of the Site
following the posting of changes will mean
that you accept and agree to the changes.
You agree that all subsequent purchases by
you will be subject to the terms and
conditions of this Terms of Use, which shall
apply until we post a modified Terms of Use
and then in accordance with such modified
Terms of Use. As long as you comply with
this Terms of Use and any such
modifications, independenthome.com grants
you ("End User") a personal, non-exclusive,
non-transferable, non-sublicensable, limited
privilege to enter and use the Site.
Content; Copyright and Trademark Notice.
All media, text, images, graphics, user
interfaces, videos, photographs, trademarks,
logos, artwork and other content on the Site
(collectively, "Content"), including but not
limited to the design, selection,
arrangement, and coordination of such
Content on the Site is owned or licensed by
or to independenthome.com, and is protected
by copyright, trade dress, and trademark
laws, and various other intellectual
property rights laws. Except as expressly
provided in this Terms of Use, no part of
the Site and no Content may be reproduced,
recorded, retransmitted, sold, rented,
broadcast, distributed, published, uploaded,
posted, publicly displayed, altered to make
new works, performed, digitized, compiled,
translated or transmitted in any way to any
other computer, website or other medium or
for any commercial purpose, without
independenthome.com's prior express written
consent. Except as expressly provided
herein, you are not granted any rights or
license to patents, copyrights, trade
secrets, trade dress, rights of publicity or
trademarks with respect to any of the
Content, and independenthome.com reserves
all rights not expressly granted hereunder.
independenthome.com expressly disclaims all
responsibility and liability for uses by you
of any Content obtained on or in connection
with the Site.
All custom graphics, icons, logos and
service names are registered trademarks,
trademarks or service marks of
independenthome.com. All other trademarks or
service marks are property of their
respective owners. The use of any
independenthome.com trademark or service
mark without independenthome.com's express
written consent is strictly prohibited.
Consent To Our Communication With You By
E-Mail.
Each time you make a purchase through our
Site, you grant permission for
independenthome.com to contact you at your
e-mail address. To stop receiving our
marketing emails, send an e-mail to us at
support@independenthome.com
Usage Rules.
All images, video, artwork, text, software
and other copyrightable materials ("Digital
Downloads") are sublicensed to End Users and
not sold, notwithstanding use of the terms
"sell," "purchase," "order," or "buy" on the
Site or this Terms of Use. Your Digital
Download sublicense is nonexclusive,
nontransferable, nonsublicensable, limited
and for use only within the United States.
Conditions of Sale and Payment Terms.
To purchase any goods and/or services on our
Site, you must (a) be at least eighteen (18)
years of age or the applicable state age of
majority, (b) be a natural person,
corporation, partnership or other legal
entities), and Prior to the purchase of any
goods or services on our Site, you must
provide us with a valid credit card number
and associated payment information including
all of the following: (i) your name as it
appears on the card, (ii) your credit card
number, (iii) the credit card type, (iv) the
date of expiration and (v) any activation
numbers or codes needed to charge your card.
By submitting that information to us, you
hereby agree that you authorize us to charge
your card at our convenience but within
thirty (30) days of credit card
authorization. All sales of products and
services are final. All charges from those
sales are nonrefundable. Exception to our
return policy must be approved by
Independent Home Management and is subject
to the condition of the products; however
the client will be responsible for shipping
fee (to & from) plus 15% restocking fee.
see cancellation & return policy below.
Methods of Payment, Credit Card Terms and
Taxes.
All payments must be made by VISA,
MasterCard, American Express, Discover,
(each of which may be removed by
independenthome.com in its sole discretion).
Unless expressly set forth on the
independenthome.com site, we do not accept
any other payment form. If we offer or
accept any other form of payment, you hereby
agree to all restrictions, terms and
conditions associated with such additional
form of payment. Your card issuer agreement
governs your use of your designated card,
and you must refer to that agreement and not
this Terms of Use to determine your rights
and liabilities as a cardholder. YOU, AND
NOT independenthome.com, ARE RESPONSIBLE FOR
PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY. You agree
to pay all fees and charges incurred in
connection with your purchases (including
any applicable taxes) at the rates in effect
when the charges were incurred. Unless you
notify independenthome.com of any
discrepancies within sixty (60) days after
they first appear on your credit card
statement, you agree that they will be
deemed accepted by you for all purposes. If
independenthome.com does not receive payment
from your credit card issuer or its agent,
you agree to pay all amounts due upon demand
by independenthome.com or its agents. You
are responsible for paying any governmental
taxes imposed on your purchases, including,
but not limited to, sales, use or
value-added taxes.
Order Acceptance Policy.
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 our offer to
sell. independenthome.com reserves the right
at any time after receipt of your order to
accept or decline your order for any reason.
independenthome.com further reserves the
right any time after receipt of your order,
without prior notice to you, to supply less
than the quantity you ordered of any item.
Your order will be deemed accepted by
independenthome.com upon shipment of
products or performance of services that you
have ordered, or upon the completion of the
license, as indicated by our servers. Title
to goods passes to you upon delivery to the
common carrier. All orders placed over
$1000.00 (U.S.) must obtain pre-approval
with an acceptable method of payment, as
established by our credit and fraud
avoidance department. We may require
additional verifications or information
before accepting any order.
independenthome.com is a reseller to end
users and does accept orders from resellers,
exporters, wholesalers, any businesses of
any kind or other customers who intend to
resell, but the warranty will be voided upon
resale.
No Responsibility To Sell Mispriced
Products Or Services.
independenthome.com shall have the right to
refuse or cancel any orders placed for
products and/or services listed at an
incorrect price, rebate or refund, or
containing any other incorrect information
or typographical errors. independenthome.com
shall have the right to refuse or cancel any
such orders whether or not the order has
been confirmed and your credit card charged.
If your credit card has already been charged
for the purchase and your order is
cancelled, independenthome.com shall
immediately issue a credit to your credit
card account in the amount of the charge.
Modifications to Prices or Billing Terms.
independenthome.com RESERVES THE RIGHT, AT
ANY TIME, TO CHANGE ITS PRICES AND BILLING
METHODS FOR PRODUCTS OR SERVICES SOLD,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE
SITE OR BY E-MAIL DELIVERY TO YOU.
Price Comparisons, "List Price" and "You
Save".
Price comparisons may be made throughout the
site to indicate the relative savings
amounts of our pricing. "LIST PRICE" is the
suggested retail price provided to us by our
suppliers. We make no representation that a
substantial number of these products have
been sold or offered for sale at the list
price. Actual retail prices in your area may
be substantially different. Because we sell
our merchandise over the internet on a
national basis, it is not possible to know
if our merchandise is sold at list price in
any particular location or at any particular
time. "YOU SAVE" reflects the difference
between our price and the supplier provided
list price shown on our sites. Because the
list price may be different than the actual
retail prices in your area, you may not
actually realize a savings of this amount
and may want to make an exact comparison for
yourself by checking the prices of other
internet or local retailers prior to making
a purchase.
Service and Support for Goods Sold.
All requests for technical service and
support should be made directly to the
manufacturer in accordance with their terms
and conditions.
Cancellation of Orders.
Customers have 24 hours from placement of
order to cancel their order without penalty.
After that there will be a 15% handling and
restocking fee in addition to any shipping
charges which the Company has incurred.
If shipment is requested by the customer to
be returned before initial delivery, and/or
the shipment is denied at the time of
delivery, then customer is retroactively
responsible for the shipping charges and any
restocking and handling fees resulting from
shipment. If the shipment has been delivered
and customer then requests for return the
customer will be responsible for the return
shipping costs in full for the product(s)
purchased.
Returns.
Customers wishing to return a qualified
product must first request a Return
Authorization Form from the Company and have
the original receipt and the Company must
have a record of the purchase in our system.
Qualified products are items in new
condition, never used and in original
packaging. The customer is responsible for
the 15% restocking fee, the original
shipping charges and the shipping
charges from and back to the company.
Indemnification.
You agree to indemnify and hold harmless
independenthome.com and its parents, sister
companies, subsidiaries, affiliates, service
providers, other End Users, distributors,
licensors, officers, directors and employees
from any claim or demand, including
reasonable attorneys' fees, made by any
third party arising out of or related to
your violation of this Terms of Use, or your
violation of any law, regulation or
third-party right.
Shipping.
These items are free of defects prior to
being boxed for shipment. However rough
handling can cause damage in transit. When
this happens, carriers are responsible for
any loss or damage. If damage is visible at
time of delivery note it on the delivery
slip and have the delivery carrier note the
same and request an inspection from the
carrier’s representative. If freight looks
completely damaged do not accept and contact
the Company. If damage is not detected until
the cartons are open you have five days from
the time of receipt of delivery to notify
the carrier and fifteen days to have an
inspection. Keep all contents, cartons and
packing until the inspection is complete and
the freight claim is filed. If shipment is
requested by the customer to be returned
before initial delivery, and/or the shipment
is denied at the time of delivery, then
customer is retroactively responsible for
the shipping charges and any restocking and
handling fees resulting from shipment. If
the shipment has been delivered and customer
then requests for return the customer will
be responsible for the return shipping costs
in full for the product(s) purchased.
Disclaimer of Warranties.
THE SITE, PRODUCTS, SERVICES, CONTENT,
ARTWORK, DATA, AND INFORMATION ARE PROVIDED
"AS IS." ALL independenthome.com'S PHYSICAL
PRODUCTS ARE GUARANTEED AGAINST MATERIAL
DEFECTS FOR THIRTY (30) DAYS FROM THE DATE
OF INVOICE. EXCEPT AS EXPRESSLY STATED
HEREIN, independenthome.com EXPRESSLY
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS,
EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE
independenthome.com SITE, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY OR QUALITY OF
DATA AND FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, TITLE, NON-INFRINGEMENT, LACK
OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE OF
THE SITE, THE USE OF ANY PRODUCTS AND/OR
SERVICES OFFERED ON OR IN CONNECTION WITH
THE SITE, AND/OR THE USE OF ANY CONTENT
AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU.
IN NO EVENT SHALL independenthome.com OR ITS
LICENSORS OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS TERMS OF USE OR
THE USE OF OR INABILITY TO USE ANY PRODUCTS,
SERVICES, AND CONTENT, WITH THE DELAY OR
INABILITY TO USE THE independenthome.com
SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE PRODUCTS OR SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND CONTENT OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE independenthome.com SITE WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE EVEN IF
independenthome.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING ELSE IN THIS TERMS OF USE OR POSTED
ON THE SITE, THE MAXIMUM LIABILITY THAT
independenthome.com SHALL HAVE IS LIMITED TO
ANY AMOUNTS ACTUALLY PAID TO
independenthome.com BY END USER. ORDER
INFORMATION SUCH AS BILLING OR SHIPPING
ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY
RESULT IN DELAYS THAT SHALL NOT BE THE
RESPONSIBILITY OF independenthome.com. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
OF LIABILITY, DISCLAIMERS OF WARRANTIES AND
LIMITED REMEDIES SET FORTH HEREIN REPRESENT
AN INSEPARABLE ALLOCATION OF RISK
(INCLUDING, WITHOUT LIMITATION, IN THE EVENT
OF A TOTAL AND FUNDAMENTAL BREACH OF THIS
TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES.
Policy to Terminate Privileges for
Copyright Infringement.
Pursuant to 17 U.S.C. § 512 as amended by
Title II of the Digital Millennium Copyright
Act (the "Act"), independenthome.com Inc.
will terminate the account of any customer,
or vendor who uses his or her privileges to
unlawfully transmit copyrighted material
without a license, valid defense or fair use
privilege to do so. After proper
notification by the copyright holder or its
agent to the independenthome.com and later
confirmation through court order or an
admission by the customer that an account
has been an instrument of unlawful
infringement, independenthome.com will
terminate the infringing customer's account.
independenthome.com may also in its sole
discretion decide to terminate a customer's
account privileges prior to that time if it
has good belief that infringement has in
fact occurred. In addition, pursuant to 17
U.S.C. § 512(c), independenthome.com has
implemented procedures for receiving written
notification of claimed infringements and
for processing such claims in accordance
with the Act. independenthome.com respects
the intellectual property of others and we
ask others to do the same. If you believe
that your copyright has been infringed
through the independenthome.com website,
please contact "Legal Department", via
facsimile at 888-668-1880
Any written notice describing the
infringing activity must include the
following information:
-
An electronic or
physical signature
of the person
authorized to act on
behalf of the owner
of an exclusive that
is allegedly
infringed;
-
A
description of the
allegedly infringing
work or material;
-
A
description of where
the allegedly
infringing material
is located on the
site;
-
Information
reasonably
sufficient to allow
us to contact you,
such as your
address, telephone
number and e-mail
address;
-
A
statement by you
that you have a good
faith belief that
the disputed use of
the material is not
authorized by the
copyright or other
proprietary right
owner, its agent, or
the law; and
-
A
statement by you
that the above
information and
notification is
accurate, and under
penalty of perjury,
that you are the
copyright owner or
authorized to act on
behalf of the owner
whose exclusive
right is allegedly
infringed.
General.
No
delay or failure to take
action under this Terms
of Use shall constitute
any waiver by
independenthome.com of
any provision of this
Terms of Use. If any
provision of this Terms
of Use is invalid or
unenforceable under
applicable law, it is,
to that extent, deemed
enforceable to the
fullest extent possible
(and severable in the
event such provision is
completely
unenforceable) and the
remaining provisions of
this Terms of Use will
continue in full force
and effect. This Terms
of Use will bind and
inure to the benefit of
independenthome.com's
permitted successors and
assigns. One or more
patents may apply to
this Web site, including
without limitation. Any
claim under these Terms
of Use must be brought
within one (1) year
after the cause of
action arises. The laws
of the State of New York
without regard to or
application of any
conflict of laws
provisions shall govern
this “Terms of Use”. You
consent to the exclusive
jurisdiction of the
state and federal courts
sitting in Nassau
County, in the State of
New York. This Terms of
Use is personal to you
and may not be
transferred, assigned or
delegated to anyone. Any
attempt by you to
assign, transfer or
delegate this Terms of
Use shall be null and
void.
independenthome.com may
freely assign this Terms
of Use without consent
or notice. This Terms of
Use (including all
documents expressly
incorporated herein by
reference, including but
not limited, to the
relevant Usage Rules)
constitutes the complete
and exclusive agreement
between
independenthome.com and
you with respect to the
subject matter hereof
and supersedes all prior
oral or written
understandings,
communications or
agreements not
specifically
incorporated herein.
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