PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to, and use of this site, are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Trademarks
Trademarks, service marks and trade names of WesternHardware.com used in the site are trademarks or registered trademarks and sole property of Western Hardware Company.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law WesternHardware.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement WesternHardware.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. WesternHardware.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
WesternHardware.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
Typographical Errors
In the event that a WesternHardware.com product is mistakenly listed at an incorrect price, WesternHardware.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WesternHardware.com reserves 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, WesternHardware.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term: Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by WesternHardware.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
WesternHardware.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to WesternHardware.com.
Guarantees
WesternHardware.com offers the following guarantee. If you purchase any item from WesternHardware.com and for any reason you decide that you would like a refund, you have 15 days to request a refund. If you request a refund within 15 days from the date of purchase, WesternHardware.com will give you a full refund of your purchase price for the course. If you do not request a refund within the 15 day refund period, you forfeit this option and will not be eligible for a refund.. The refund only includes the price of the goods sold and not the shipping charges. Customer will be responsible for shipping the goods back at their cost within the 15 day window or will not receive a refund.
Miscellaneous
WesternHardware.com reserves the right to refuse service. Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WesternHardware.com products or services) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WesternHardware.com products) must be commenced within one (1) year after the claim or cause of action arises. WesternHardware.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WesternHardware.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WesternHardware.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless WesternHardware.com , its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, WesternHardware.com may link to sites operated by third parties. However, even if the third party is affiliated with WesternHardware.com, WesternHardware.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WesternHardware.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, WesternHardware.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Shipping & Handling
WesternHardware.com uses UPS to ship all goods. It is the duty of the customer to provide accurate information to compute shipping charges. If the customer selects the wrong shipping method or provides faulty information, WesternHardware.com has the right to contact the purchaser and may issue a new invoice for the corrected charges. If the customer refuses to pay the revised invoice, the order will be cancelled and the customer will be issued a refund if payment has been made. WesternHardware.com may charge a handling fee in additional to the shipping fee. If the order is cancelled for any reason, including the customer’s failure to comply with the terms of this agreement, WesternHardware.com will not refund the shipping or handling fee once the order has been shipped. Customer will be charged any “recall” fee charged by UPS to cancel the order in transit.