Terms and Conditions of Use
As your partners in all things hardwarian, we like to keep our tools sharp
and our workplace neat and tidy. So does our handy team of attorneys. Please
take a few minutes to review these Terms and Conditions. They worked really
hard to be brief and informative.
Your use of this website constitutes your agreement to follow these Terms
and Conditions and our Privacy and Security Policies without modification and
to be bound by them. If you do not agree with any of these Terms and
Conditions, do not use the True Value Wholesale website.
This website is operated by True Value Company, L.L.C. All inquiries may be
directed to:
True Value Company, L.L.C.
Truevalue.com Customer Service
8600 W. Bryn Mawr Ave.
Chicago, IL 60631
Copyrights
This Site and the materials within it are © True Value Company. Viewing
this site creates a copy of True Value materials in your computer's random
access memory and/or in your hard drive and/or in your proxy server.
All of the incredibly helpful and fascinating content you see and hear on
the True Value Wholesale website,
including, for example, all of the page headers, images, illustrations,
graphics, audio clips, video clips, text, logos, button icons and software are
subject to trademark, service mark, trade dress, copyright and/or other
intellectual property rights or licenses held by True Value Company or by third
parties who have licensed their materials to True Value Company. The True Value
logo is a registered trademark of True
Value Company. All of the content of this website is copyrighted, as a
collective work under U.S. and other applicable or international copyright
laws, and True Value Company owns a copyright in the selection, coordination,
arrangement and enhancement of the content.
True Value Wholesale grants you
permission to view and use content and software made available to you on the
site in connection with your use of the site. You may not copy, download,
reproduce, modify, publish, distribute, transmit, transfer or create derivative
works from the content without first obtaining written permission from True
Value Company.
But wait, that's not all...
Use License/Use of the Site
The True Value Wholesale website is
for the sole use of individuals and entities wishing to review, consider,
purchase or otherwise engage in retail transactions involving True Value's
goods and services and/or to otherwise transact business with or contact True
Value, on their own behalf (or, in the case of a gift or a corporate
transaction, on behalf of their intended recipients). True Value grants you
permission to view this site and to print individual pages from this site for
your own personal, noncommercial use, provided that you agree to and accept
without modification the notices, terms and conditions set forth in this
agreement. You may not modify, copy (except as set forth in the preceding
sentence), distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information, material,
software, products or services from this site. In addition, as a condition of
your use of this site, you represent and warrant to True Value that you will
not use this site for any purpose that is unlawful, immoral or prohibited by
these terms, conditions and notices. If you do not agree to accept without
modification the notices, terms and conditions set forth herein, do not use
this site. Other than this agreement and agreements between you and True Value
relating to the sale of products or services to you through this site, True
Value will not enter into any agreement with you or obligation to you through
this site and no attempt to create such an agreement or obligation will be effective.
No information concerning the transactional preferences of an individual
customer (whether such customer is a person or an entity) can be entered,
altered, modified or otherwise affected, by any third party on behalf of such
individual customer. In particular, True Value expressly prohibits third
parties from opting out of True Value's services and/or contacts on behalf of a
True Value customer or other person or entity, without both (a) True Value's
full knowledge as to the surrogate action being taken and (b) True Value's
express permission. This prohibition is intended to protect the privacy and
freedom of True Value's customers and the personal relationship True Value
works to develop with its customers and others authorized to use its site.
True Value Wholesale may contain other proprietary notices and copyright
information, the terms of which must be observed and followed. Information on
this site may contain technical inaccuracies or typographical errors.
Information, including product pricing and availability, may be changed or
updated without notice. True Value and its subsidiaries reserve the right to
refuse service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if True Value believes that customer conduct
violates applicable law or is harmful to the interests of True Value and its
subsidiaries.
Hang in there. You're half way there...
The website design and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this website are either
the property of, or used with permission by, True Value and are protected by
copyright, trademark and other laws and may not be used except as permitted in
these Terms and Conditions or with the prior written permission of the owner of
such material. Any unauthorized use of any such information or materials may
violate copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations. You are responsible for maintaining the confidentiality
of Your Account information and password and for restricting access to such
information and to your computer. You agree to accept responsibility for all
activities that occur under Your Account or password.
Submissions
We welcome your comments regarding the True Value Wholesale website. Honest. However, any material,
feedback, information, suggestions, ideas, concepts, messages, notes, know-how,
techniques, questions, comments or other communication you transmit or post to
this website in any manner (collectively, "Comments") sent to True
Value Wholesale shall be considered
non-confidential and non-proprietary and remain the exclusive property of True
Value. Your submission of any such Comments shall constitute an assignment to
True Value of all worldwide rights, titles and interests in all copyrights and
other intellectual property rights in the Comments. True Value will be entitled
to use, reproduce, disclose, publish and distribute any material you submit for
any purpose whatsoever, without restriction and without compensating you in any
way. For this reason, we ask that you not send us any Comments that you do not
wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original
artwork. We will not, however, release your name or otherwise publicize the
fact that you submitted materials or other information to us unless we obtain
your permission to use your name or we are required to do so by law. Please
review our Privacy and Security Information for a complete description of how
we handle personal information submitted in the process of ordering products or
registering on our site.
True Value may, but is not obligated to, monitor or review any Comments.
True Value shall have no obligations to use, return, review, or respond to any
Comments. True Value will have no liability related to the content of any such
Comments whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. True Value retains the right to remove any or all
Comments that include any material True Value deems inappropriate or
unacceptable.
Here comes the strong language...
Inappropriate Material
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. In addition
to any remedies that True Value may have at law or in equity, if True Value
reasonably determines that you have violated or are likely to violate the
foregoing prohibitions, True Value may take any action they reasonably deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal from this website of the related materials. True Value will
fully cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
Termination
You or we may suspend or terminate Your Account or your use of this website
at any time, for any reason or for no reason. You are personally liable for any
orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect of this
website at any time without notice.
Indemnification
You agree to defend, indemnify and hold True Value 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, including, without
limitation, your use of this True Value Wholesale website in violation of these Terms of Use.
Links to Other Websites
The True Value Wholesale site may
contain links to other websites so that you may learn more about the products
available at True Value and other matters that True Value feels may be of
interest to you. Such links are provided for your reference only. While True
Value will make commercially reasonable efforts to ensure that these websites
will meet your approval, True Value does not have control over, and is in no
manner responsible or liable for, the availability and content of the websites
to which the True Value website is linked. True Value's inclusion of links to
an outside site does not imply any endorsement of the material on the site or,
unless expressly disclosed otherwise, any sponsorship, affiliation or
association with its owner, operator or sponsor, nor does True Value's
inclusion of the links imply that True Value is authorized to use any trade
name, trademark, logo, legal or official seal or copyrighted symbol that may be
reflected in the linked site. True Value makes no representations whatsoever
about any other site you may access through True Value Wholesale. Any concerns
regarding any product or service offered by a website to which the True Value Wholesale
site is linked or the link itself should be directed to the operator of that
specific website and not to True Value.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used
and displayed on this site are registered and unregistered Trademarks of True
Value and others. Nothing on this site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Trademark
displayed on the site, without the prior written permission of the Trademark
owner. True Value aggressively enforces its intellectual property rights to the
fullest extent of the law. The name of True Value, the True Value logo or the
other True Value formatives may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this site,
without prior, written permission from True Value. True Value prohibits use of
the True Value logo as part of a link to or from any site unless establishment
of such a link is approved in advance by True Value in writing. Fair use of
True Value's Trademarks requires proper acknowledgment. Other product and
company names mentioned in this site may be the Trademarks of their respective
owners.
Linking to this website. Creating or maintaining any link from another
website to any page on this website without True Value's prior written
permission is prohibited. Running or displaying this website or any material
displayed on this website in frames or through similar means on another website
without True Value's prior written permission is prohibited. Any permitted
links to this website must comply will all applicable laws, rule and
regulations.
Trademarks: True Value®, Start
Right. Start Here.®, Aqua
Therapy®, Baypointe®, Baypointe Basics®, Buyer's Value®, Color
Decor®, Color Made
Simple®, Cotter
& Company®, Easy Care®, Easy Care Platinum®, Enrich®, Four
Seasons Courtyard®, Green
Thumb®, Grill Zone®, GTV®, Holiday Wonderland®, Homepointe®, Maintenance One®, Master Electrician®, Master
Mechanic®, Master
Plumber®, Master
Tradesman®, Painter's
Select®, Premium
Decor®, Prestige®, Professional Coatings®, Rayz®, Rental One®, Smart
System®, Start
Right. Start Here.®, Sterling
Fasteners®, Sterling
Fasteners Project Plus®, True Value®, TruGuard®, Tru-Test®, Ultimate
Finish®,
Value-Bright®, Weatherall®, Westpointe®, Westpointe Basics®, Woodsman®, X-O Rust® and X-O Rust Professional® are
registered trademarks of True Value Company, in the United States and other
countries and may not be used in connection with any product or service that is
not True Value's in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits True Value. True
Value retailers must be in compliance with True Value's Internet & Digital
Trademark Use Policy.
No Warranties, Exclusion of
Liability/Product Information and Warranties
True Value makes no representation about the suitability of the materials
on this site for any purpose. All such materials are provided "as is"
without warranty of any kind, express or implied. True Value specifically
disclaims all warranties and conditions of any kind, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title and -non-infringement.
True Value assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer, telecommunication equipment,
or other property caused by or arising from your access to, use of, or browsing
this website or your downloading of any materials, from this website. In no
event will True Value, their respective officers, directors, employees,
shareholders, affiliates, agents, successors, assigns, retail partners nor any
party involved in the creation, production or transmission of this website be
liable to 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 use of this website, any websites linked to this
website, or the materials, information or services contained at any or all such
sites, 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 this website or any content, you agree
that your sole remedy is to cease using this website. In the event of any
problem with the products or services that you have purchased on or through
this website, you agree that your sole remedy, if any, is from the manufacturer
of such products or supplier of such services, in accordance with such
manufacturer's or supplier's warranty, or to seek a return and refund for such
product or services in accordance with the returns and refunds policies posted
on this website.
TRUE VALUE MAKES NO WARRANTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE
PRODUCTS SOLD ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AS TO
DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP,
MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT,
TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. IN NO EVENT SHALL TRUE VALUE BE LIABLE FOR
THE PAYMENT OF ANY CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATIONS, LOST PROFIT.
Risk of Loss
All items purchased from True Value Wholesale 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.
Here's some important stuff you should agree to...
General Disclaimer
This Site resides on a server in Chicago, Illinois USA. You agree that this
agreement and your use of this site are governed by the laws of the State of
Illinois, USA. You hereby consent to the exclusive jurisdiction and venue of
the courts, tribunals, agencies and other dispute resolution organizations in
Illinois, USA in all disputes (a) arising out of, relating to, or concerning
this site and/or this agreement, (b) in which this site and/or this agreement
is an issue or a material fact, or (c) in which this site and/or this agreement
is referenced in a paper filed in a court, tribunal, agency or other dispute
resolution organization. Use of this site is unauthorized in any jurisdiction
that does not give full effect to all provisions of this agreement, including
without limitation this paragraph and the warranty disclaimers and liability
exclusions above. True Value has endeavored to comply with all legal
requirements known to it in creating and maintaining this site, but makes no
representation that materials on this site are appropriate or available for use
in any particular jurisdiction. Use of this site is unauthorized in any
jurisdiction where all or any portion of this site may violate any legal
requirements and you agree not to access this site in any such jurisdiction.
You are responsible for compliance with applicable laws. Any use in
contravention of this provision or any provision of this agreement is at your
own risk and, if any part of this agreement is invalid or unenforceable under
applicable law, the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
govern such use.
You agree that True Value may at any time and without notice change the
terms, conditions and notices under which this site is offered. You agree that
no joint venture, partnership, employment or agency relationship exists between
you and True Value as a result of this agreement or your use of this site.
True Value's performance of this agreement is subject to existing laws and
legal process and nothing contained in this agreement is in derogation of True
Value's right to comply with law enforcement requests or requirements relating
to your use of this site or information provided to or gathered by True Value
with respect to such use.
This agreement, the privacy and security statement, and terms of sale
constitute the entire agreement between you and True Value with respect to this
site. This agreement supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and True Value with
respect to this site. No modification of this agreement shall be effective
unless it is authored by True Value Company or its affiliates. Any alleged
waiver of any breach of this agreement shall not be deemed to be a waiver of
any future breach. A printed version of this agreement and/or of any notice
given by True Value in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement or your use
of this site to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained by True
Value in printed form.
All other trademarks not owned by True Value or its subsidiaries 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 True Value or its
subsidiaries or affiliates.
Copyright © 2018 True Value Company, L.L.C.
All Rights Reserved.
Revisions to Terms and Conditions
True Value reserves the right to update or modify these terms and
conditions at any time without prior notice. Your use of the TrueValue.com
website following any such change constitutes your 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 each time you use this website. Certain
provisions of these Terms and Conditions may be superseded by expressly
designated legal notices or terms located on particular pages at this website.
Product and Pricing Information
While we will use our best efforts to fulfill all orders, True Value cannot
guarantee the availability of any particular product displayed on this Site.
True Value reserves the right to discontinue the sale of any product listed on
this Site at any time without notice. It is your responsibility 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 item
purchased from this website. By placing an order, you represent that the
products ordered will be used only in a lawful manner.
Most products displayed on this site are available in select True Value
stores. In some cases, merchandise displayed for sale on this site may not be
available at True Value stores.
All features, content, specifications, products and prices of products and
services described or depicted on this website are subject to change at any
time without notice. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. True Value has made
a conscientious effort to display and describe its products and services on the
site accurately so that you can get a good idea of their design and use, and of
the services offered. We have done our best to accurately display the
attributes of our products, including the colors of the products shown on this
website. However, because the colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of any color will be accurate.
The exciting conclusion...
Furthermore, True Value is constantly improving its information, products
and services. While our goal is a 100% error-free site, True Value cannot and
does not guarantee the accuracy or completeness of the information, including
prices, product images, specifications, availability and services. Products and
services are the responsibility of the manufacturer or provider of those
services and are covered by the warranties offered by such manufacturers or
providers.
Product prices offered on this site may vary from other advertised prices
due to varying conditions in different geographic markets. The prices displayed
on this site are quoted in U.S. dollars and are valid and effective only within
the United States, and such prices do not include shipping and handling or
sales taxes, if applicable, which will be added to your total invoice price.
You are responsible for the payment of any shipping and handling charges and
state and local sales or use taxes that may apply to your order. While we do
our best to assure that the taxes quoted for a particular order are accurate
for the applicable location to which the order is being shipped, should an
erroneous quote be provided, we will notify you of such error before finalizing
and shipping your order. You will be responsible for all applicable taxes,
regardless of the amount quoted on this website at the time of your order.
If we discover price errors, they will be corrected on our systems. If an
item's correct price is higher than our stated price, True Value will contact
you about the price change and you will have the option to proceed with the
order or cancel it. True Value reserves the right to revoke any stated offer
and to correct any errors, inaccuracies or omissions (including after an order
has been submitted and accepted).
Contacting Us
If you have any questions about this agreement, please Contact Us. We'd be
happy to hammer out the details together with you.
True Value Company, L.L.C.
Internet Customer Service Department
8600 W. Bryn Mawr Ave.
Chicago, IL 60631
Although True Value will in most
circumstances be able to receive your email or other information provided
through this site (including, without limitation, service requests and other
submissions), True Value does not guarantee that it will receive all such email
or other information timely and accurately and shall not be legally obligated
to read, act on or respond to any such Email or other information. Be aware
that Internet Email typically is not secure.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if
you have any questions or comments, we invite you to Contact Us. Whew. You made
it! Not half as bad as watching paint dry, right? Well our legal department
thanks you for your interest in their handiwork.