Terms of Serviecs
Modification of Cancellation of Online Services. We reserve the right at any time with or without notice to modify or terminate the Online Services, or any portion thereof.
Products, Pricing, Orders. The products and services offered on the Online Services (collectively, the “Products”) and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. Product pricing varies and is determined by your location, as derived from your IP address or a location that you provide, or by the advertisement or marketing channel that directed you to the Online Services. You agree to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order. Please see our Customer Service policies for additional information regarding purchases, including information regarding payment options, taxes, discount codes, order tracking, cancellation, and fulfillment, communications regarding your order, Product recalls, and our Return Policy. Although the Online Services may display advertisements by, and links towebsites maintained by, SNJ is not responsible for the contents of such advertisements and/or websites and SNJ is not the seller or merchant of record for any products or services offered on such websites.
Ship to Home
If shipping is available, you may have the Product(s) shipped by carrier to an address designated by you, as long as that shipping address is compliant with our applicable shipping restrictions. Shipment of Products by carrier is made pursuant to a shipment contract. Risk of loss for and title to such Products will pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For more information on shipment by carrier, please review our Customer Service policies.
Product Information. SNJ attempts to ensure that information regarding the Products is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date and we make no representation regarding such information. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary we do not guarantee that colors will be accurately displayed.
Accounts; Security. Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to such information and to your computer or device. You may not permit others to use your account and you may not use anyone else’s account at any time. Nevertheless, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your username and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. SNJ shall not be liable for any damages resulting from any compromise of the confidentiality of your account or password and/or any unauthorized access to your account or use of your username and password. Please see our Customer Service policies for additional information on opening and managing your account.
Account Termination and Suspension. SNJ may suspend or terminate your account or your use of the Online Services at any time for any reason without notice. In addition, SNJ may take any and all actions we deem necessary or reasonable to help ensure the security or integrity of the Online Services and your account. You are personally liable for any orders that you place or charges that you incur prior to termination or suspension.
Third Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by SNJ (“Third-Party Services”). If you use links to Third-Party Services, including links to websites operated by SNJ Hardware stores, you will leave the Online Services. All such links are provided solely as a convenience to you and your use any Third-Party Services is entirely at your own risk. SNJ is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any ThirdParty Services.
Prohibited Conduct. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; disrupt, interfere with the security of, or otherwise cause harm to the Online Services or any servers or networks; infringe any intellectual property rights or proprietary rights; post or otherwise submit any harmful or disruptive software or files, including viruses, spyware and ransomware; disrupt, interfere or inhibit any other user from using and enjoying the Online Services; violate any applicable laws or regulations; use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; prepare, compile, scrape, harvest, download or otherwise use or copy any information from the Online Services, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; transmit spam or other unsolicited or bulk communications; create or use a false identity or contact information for the purpose of misleading SNJ or others; or violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk or threaten another. In addition to any remedies that SNJ may have at law or in equity, if SNJ reasonably determines that you have violated or are likely to violate the foregoing prohibitions, SNJ may take any action SNJ deems necessary or advisable to cure or prevent the violation. SNJ will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing SNJ to disclose the identity of anyone violating the foregoing prohibitions.
WARRANTY; DISCLAIMERS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; and SNJ DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND SNJ DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNJ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNJ HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTYFEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNJ, ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR DOWNLOADING, INSTALLATION, OR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; IN NO EVENT WILL SNJ BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY AVAILABLE IN OUR CUSTOMER SERVICE POLICIES.
Dispute Resolution; Arbitration; Prohibition of Class Actions. YOU AND SNJ AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY PRODUCT OFFERED ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND SNJ HAVE AGAINST EACH OTHER ARE RESOLVED. You and SNJ agree that any and all disputes or claims that have arisen or may arise between you and SNJ in connection with the Online Services, including, without limitation, any Products offered or sold on the Online Services and your use of the Online Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.