Terms of Serviecs

SNJ, its subsidiaries, and affiliates (collectively, “SNJ” or “we” or “us”) are pleased to offer you our websites, mobile applications, and other online, digital and mobile services, applications and platforms that link to these Terms of Use or on which these Terms of Use appear, as well as the content, features, and software available on them (collectively, the “Online Services”). These Terms of Use form an agreement between SNJ and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 or older to use the Online Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON SNJ’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE ONLINE SERVICES.

Privacy. SNJ ‘s Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use.

Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By downloading, installing, accessing, or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.

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.

License to Use the Online Services. Conditioned upon your compliance with these Terms of Use, SNJ grants you a limited, revocable, non-exclusive license to access, use and display the Online Services solely for your non-commercial personal use and for no other purpose. We
reserve all rights in and to the Online Services not expressly granted to you under these Terms of Use. You may not modify the information or materials located on the Online Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law.

Copyrights and Trademarks. The design of the Online Services and all text, images, graphics, information, content, software, and other material displayed on or available through the Online Services are the property of either SNJ or its licensors, are protected by copyright, trademark and other laws, and may not be copied or used (including in “meta-tags” or “hidden text”) except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of SNJ. Other trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of SNJ or such third party owner, as applicable.

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.

User Generated Content. The Online Services may offer opportunities to post ratings, reviews, comments, photos, and other content (collectively “User Generated Content”). Your User Generated Content must be truthful and accurate and must not be illegal or violate these Terms of Use (including the provisions regarding prohibited conduct). Your User Generated Content must not be obscene, vulgar, or otherwise injurious or objectionable. In addition, your User Generated Content must not contain political campaigning, commercial solicitation, URLs, or any form of contact information. You may not mislead as to the origin of any User Generated Content. Please remember that your User Generated Content may be publicly available, and we are under no obligation to treat it as confidential. You must disclose in your User Generated Content. If SNJ or our representatives provided you with a product, prize, compensation, or anything of value, or if you are an SNJ employee or supplier or are otherwise connected to SNJ. Any opinions, advice, or statements contained in User Generated Content are those of the respective authors, not SNJ and SNJ is not responsible or liable for User Generated Content posted by you or any other user. We shall have no obligation to use, return, review, or respond to any User Generated Content. We have the right, but not the obligation, to monitor, edit, not post and/or remove any User Generated Content for any reason. You hereby grant SNJ a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit your User Generated Content throughout the world in any media or format, now known or hereinafter devised, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant SNJ, and any party authorized by SNJ, the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to grant the above licenses; and that your User Generated Content does not violate these Terms of Use.

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.

Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnity. You agree indemnify and hold harmless SNJ, its affiliates, and their officers, directors, members, employees, and agents (collectively, the “SNJ Indemnitees”), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the SNJ Indemnitees arising out of or in connection with your breach of the Terms of Use, your User Generated Content or your use of the Online Services.

Miscellaneous. No delay or failure by SNJ to enforce any of these Terms of Use shall be a waiver of any of our rights under these Terms of Use. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Use. Any reference to the term “including” means “including, without limitation.” All references to currency are stated in United States dollars. You may not use or export the Online Services, or any portion thereof, or any Product offered on the Online Services in violation of applicable law, including U.S. laws and regulations related to exports.