The Do It Yourself Home Store site at www.diyhomestore.com (the "Site") is a copyrighted work belonging to Do It Yourself Home Store. Do It Yourself Home Store grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
Subject to these Terms of Use, Do It Yourself Home Store grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Do It Yourself Home Store server. You are not granted any right to use Do It Yourself Home Store trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Do It Yourself Home Store.
Our Site may only be used for lawful purposes. Do It Yourself Home Store specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
Deleting or revising any material posted by any other person or entity;
If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Harming minors in any way;
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
Linking
Do It Yourself Home Store generally welcomes links to the Website from other reputable websites. However you may provide links only to the homepage of this Website, and only if (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page and (b) you discontinue providing links to this Website if requested by Do It Yourself Home Store. If you wish to provide links to a section within the Website, you should forward your request to Do It Yourself Home Store at admin@diyhomestore.com and Do It Yourself Home Store will notify you if permission is granted, and, if so, the terms and conditions of the permission.
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Because prices, product descriptions and availability can change quickly, Do It Yourself Home Store does not warrant the accuracy or completeness of the information provided on the Site. Also, Do It Yourself Home Store may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Do It Yourself Home Store or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Do It Yourself Home Store and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be priced incorrectly. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Do It Yourself Home Store will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.
For shipping, cancellation, and other ordering questions, please refer to our Shipping and Returns page.
Some products, including those identified as Specials, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price, and, for any given product, no sales may have occurred at List Price.
List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.
Although we periodically update the List Prices on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date List Price information.
List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.
Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based upon list price.
Warranty, Liability, Indemnification:
Do It Yourself Home Store makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Do It Yourself Home Store shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY DO IT YOURSELF HOME STORE ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DO IT YOURSELF HOME STORE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL DO IT YOURSELF HOME STORE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. DO IT YOURSELF HOME STORE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.
Do It Yourself Home Store reserves the right to revise any or all of the Materials on the Website and or to modify any features, specifications, or materials without notice.
Do It Yourself Home Store reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Do It Yourself Home Store will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
By submitting your name, e-mail address, and any other personal information to Do It Yourself Home Store, you hereby grant Do It Yourself Home Store, subject to the Do It Yourself Home Store Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Do It Yourself Home Store products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Do It Yourself Home Store through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Do It Yourself Home Store Unless otherwise specified in our Privacy Policy, Do It Yourself Home Store will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Do It Yourself Home Store services or operations. Without limitation, Do It Yourself Home Store will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Do It Yourself Home Store, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
IN NO EVENT SHALL DO IT YOURSELF HOME STORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DO IT YOURSELF HOME STORE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. DO IT YOURSELF HOME STORE'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Site and the Materials are copyrighted works of Do It Yourself Home Store and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Do It Yourself Home Store.
Do It Yourself Home Store may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
If you have any questions about these Terms of Use or our Privacy Policy, you may contact Do It Yourself Home Store at:
Do It Yourself Home Store
P.O. Box 146
North Boston, NY
14110
General
Company reserves the right to investigate complaints or reported violations of the Conditions of Use and to take any action Company deems 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 user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Company's Website. These Conditions of Use incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Conditions of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. These Conditions of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York as those laws are applied to contracts entered into and to be performed entirely in New York, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Conditions of Use shall be commenced exclusively in state or federal court in Erie County, New York, and you irrevocably submit to the exclusive jurisdiction and venue of such courts and to also pay such fees and expenses Company incurs (including reasonable attorney fees and court costs) if and to the extent Company successfully prevails against you for your violation of any of the Conditions of Use.