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Terms & Conditions

This site is provided by Factory Direct Hardware, Inc. (refferred to throughout this document as "Factory Direct Hardware") as a service to our customers subject to the following conditions. Please note that your use of this site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. By accessing our web site, you expressly agree to all terms and conditions set forth herein. Your continued or further use of this site will represent acceptance of any amendments to the agreement. Factory Direct Hardware reserves the right to amend this agreement in whole or in part from time to time in its sole discretion without prior notice. Your use of the Factory Direct Hardware web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Privacy

Please review our Security & Privacy Notice, which also governs your visit to Factory Direct Hardware sites to understand our practices.

Electronic Communications

When you visit Factory Direct Hardware or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that a printed draft of all agreements, notices, disclosures and other communications that we provide to you electronically will be admissible in any proceedings based on or relating to this agreement to the same extent and subject to the same conditions as if this agreement had been originally generated and maintained in printed form.

Copyright

All content, and the compilation of all content, included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the exclusive property of Factory Direct Hardware, Inc. or its content suppliers and protected by United States and international copyright laws.

Trademarks

Factory Direct Hardware and it's manufacturers/suppliers' graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Factory Direct Hardware in the U.S. and/or other countries. Factory Direct Hardware trademarks and trade dress may not be used in connection with any product or service that is not Factory Direct Hardware's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits factorydirecthardware.com. All other trademarks not owned by Factory Direct Hardware that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Factory Direct Hardware.

License and Site Access

Factory Direct Hardware grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Factory Direct Hardware. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Factory Direct Hardware.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Factory Direct Hardware and our manufacturers/suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing Factory Direct Hardware's name or trademarks without the express written consent of Factory Direct Hardware. You may not use any direct linking or source-calling of any media presented on this web site.

Any unauthorized use terminates the permission or license granted by Factory Direct Hardware. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Factory Direct Hardware so long as the link does not portray Factory Direct Hardware, its manufacturers/suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Factory Direct Hardware logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Minors

Factory Direct Hardware does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use factorydirecthardware.com only with consent of a parent or guardian. Factory Direct Hardware reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

If you do post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Factory Direct Hardware reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Factory Direct Hardware a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Factory Direct Hardware and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend Factory Direct Hardware for or from all claims resulting from content you supply. Factory Direct Hardware has the right but not the obligation to monitor and edit or remove any activity or content. Factory Direct Hardware takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from Factory Direct Hardware are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event that an item is mispriced, Factory Direct Hardware may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Shipping Policies" section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits and Dealer Sales

Factory Direct Hardware reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Factory Direct Hardware also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Customer Service.

Product Descriptions

Factory Direct Hardware attempts to be as accurate as possible. However, Factory Direct Hardware does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.

We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.

Disclaimer of Indian or Native American Origin or Manufacture

No product sold on this website is Indian produced, an Indian product, or the product of a particular Indian, Indian tribe, or Indian arts and crafts organization, resident in the United States or abroad.

Indemnification

You agree to defend, indemnify and hold Factory Direct Hardware harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY FACTORY DIRECT HARDWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACTORY DIRECT HARDWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FACTORY DIRECT HARDWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FACTORY DIRECT HARDWARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FACTORY DIRECT HARDWARE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FACTORY DIRECT HARDWARE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS AND OTHER FACTORY DIRECT HARDWARE WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FACTORY DIRECT HARDWARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FACTORY DIRECT HARDWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Law

This Agreement shall be governed by and construed under Virginia law as such law applies to agreements between Virginia residents entered into and to be performed within Virginia. Any action or proceeding arising out of or related to these Terms of Use or your use of this site must be brought in the state or federal courts of Virginia.