Ohio Home Products Terms of Use (“terms”)
We’re glad you’re here at ohiohomeproducts.com. In order to access and use our website, www.ohiohomeproducts.com, and its component pages, and any other application, product, or service made available by ohiohomeproducts.com (collectively, “website”), you and ohiohomeproducts.com (“company,” “we,” “us,” or “our”) are bound by these terms. You are given access to the website in accordance with these terms. Before using the website and accessing these terms, please read them thoroughly.
You should leave the website if you do not agree to the terms set forth below and our privacy policy (including any modifications thereto). However, before leaving the website, all of your information and activities will be subject to these terms and our privacy policy.
1. General usage conditions:
a) Acknowledgment. You accept and agree to be governed by these terms and our privacy policy as well as any and all future modifications to the terms and privacy policy, by accessing and using the website. You thus represent and warrant that this agreement has been made in writing. Do not use the website or any of the products or services made available by the website if you do not agree to these terms.
b) Your account access. You agree to bear liability for all activities that take place under your account or password and to keep your account and password information secure. You are also responsible for limiting access to your computer.
c) Modification. These terms may occasionally be changed by us at our sole discretion. All modifications to these terms will state the date they were last modified and take effect right away after being posted. Your continued use of the website after the terms become effective, as well as any updates, signifies your consent to be bound by them. Additionally, you consent to receiving notice of the posting of such revisions or new conditions via us putting them on the website. Please routinely review the terms so that you are aware of any updates.
d) Added Terms. Even though you are always bound by these terms and our privacy policy, there may be additional terms that apply when you use particular features, products, or services. These additional terms may include, but are not limited to, our special pricing policy, shipping policy, and returns policy. By clicking on the link or getting in touch with us through the ways listed below, you can review the terms and conditions of these policies. You acknowledge that using or purchasing any product or service from ohiohomeproducts.com is subject to all applicable laws and regulations as well as any additional terms and conditions. Any extra terms and conditions in any form shall not modify or supersede these terms.
e) Capability. This website is a general audience website for people who are at least 18 years old and is solely meant to be used by residents of the United States. By using this website, you guarantee that you are at least 18 years old, have the legal capacity to agree to the terms of this agreement, including but not limited to, that you are of sound mind, and are otherwise qualified to be legally bound by a contract.
2. General website use:
(a) Website features. The capacity to receive content is one of the features and functionalities that the website offers. We reserve the right to alter any features, goods, services, or terms provided at any location on the website, at our absolute discretion. This includes, but is not limited to, any information on our products and services and how to get in touch with us. Ohiohomeproducts.com works hard to make sure that all content on the website is accurate, complete, and up-to-date, including information about products, availability, and prices. However, ohiohomeproducts.com does not guarantee the content’s accuracy or completeness, nor does it guarantee that all products and services offered on the website will be available. The device you are using to view the website may affect the colors you see on the website. Despite our best efforts, the information on the website could still have typos or other human errors, or it could simply not be up to date. Upon becoming aware of any wrong or incomplete content, we shall make an effort to correct it. Any weights and measurements are only estimates. Your only option is to return the item in unused condition if it is not as stated on the website. The website is provided on an “AS IS” basis.
b) Qualification. Only users age 18 or older and residing in the United States are supposed to use this website. If you are a person outside of the United States, you agree and consent to be bound by these terms by accessing and using the website. Any individuals who have been suspended or removed from the website by the company are not permitted to access it. You represent that you are a person who has not been suspended or removed from the website by using the website. Whoever accesses the website does so at their own discretion and initiative and is responsible for compliance with these terms and all local laws and rules, including without limitation laws and rules relating to the internet, email, electronic messages, privacy, and other such laws and rules.
c) Use. The website and all of its contents are just for your individual use. You are given a restricted license by ohiohomeproducts.com to use the website for your own personal use. This license excludes (i) the resale of the website or any of the content made available through the website; (ii) any derivative use of the website or the content made available through the website; (iii) any downloading or copying of content or account information; (iv) the collection and use of product listings, descriptions, or prices; and (v) any use of data mining, scraping, spiders, robots, or other similar data gathering or extraction tools. Without ohiohomeproducts.com’s prior written approval, you are prohibited from using any meta tags or other forms of “hidden text” utilizing ohiohomeproducts.com’s names or trademarks without written consent of ohiohomeproducts.com. No content made accessible through the website may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, changed, or otherwise exploited in any way, unless expressly approved by these terms. Everyone who uses the website agrees not to alter, reverse engineer, decompile, or disassemble any of the website’s software. The website may not be used in any way that endangers, disables, overloads, or otherwise negatively impacts the website.
d) Digital communications. You agree to receive communications from us electronically when you use the website to contact us, register as a user, or give us your email address for any other reason. By email or by publishing announcements on the website, we shall get in touch with you and conduct business with you. You concur that electronic communications from us to you in connection with any agreements, notices, disclosures, or other matters fully comply with any applicable legal requirements for written communication. By going into your account and modifying your profile settings and preferences, or by clicking the “Unsubscribe” link provided with such electronic messages, you can choose not to receive electronic communications from us at any time.
(e) Communication via text. You must supply a mobile phone number and accept these terms and conditions in order to receive SMS, MMS, or text communications (“communication via text”) from ohiohomeproducts.com, including information about the delivery of purchases you place on the website. Before you can start receiving communication via text, we will send you a text message asking you to confirm your decision to receive them. You must reply to that message in order to validate your mobile phone number. By selecting to receive text messages, you understand and agree that: (i) We will send text messages to the number you supply, and anybody with access to that mobile device or carrier account will be able to see any such texts; and (ii) You are responsible for any texts that are sent to that number. In addition, you are the subscriber for the phone number you give us, and you will let us know if that changes. Following your consent to receive text messages, the frequency of messages will change. Data and message fees apply. By texting “STOP” to the number you are given in text communications, you can choose to stop receiving text messages at any moment. A last mail verifying your unsubscription will be sent to you. You can always opt in on the website if you want to re-join.
f) Communication, remarks, correspondence, and other content. If you post content or submit material on the website (a “submission”), the submission must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invading of privacy, infringing on the intellectual property rights of others, or otherwise objectionable. It also must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other type of “spam.” You are not allowed to impersonate anybody or anything, use a phony email address, or otherwise conceal the source of any content. You won’t publish any material that targets, harasses, disparages, or threatens a person or group of people because of their religion, gender, sexual orientation, race, ethnicity, age, or disability.
If we do not expressly state otherwise, you hereby grant ohiohomeproducts.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, distribute, publish, modify, publicly perform, publicly display, adapt, translate, archive, store, and create derivative works from such submission in any form, format, or medium of any kind now known or hereafter developed. Additionally, you grant ohiohomeproducts.com permission to distribute the submission across all ohiohomeproducts.com-affiliated websites, advertisements, media, and other platforms, to include the submission in a searchable format for users to access, to place advertisements in close proximity to the submission, and to use your name, likeness, and any other information in connection with its use of the content you supply. Additionally, you give ohiohomeproducts.com permission to utilize any content, information, ideas, thoughts, know-how, or techniques in any message you provide us or that you otherwise submit to us for any purpose, including but not limited to, commercial ones, and for use in creating, producing, and marketing goods for sale. This paragraph’s rights are all granted to you without the requirement for any additional payment of any kind from you. The name you provide in connection with such content is yours to use globally in any media, and ohiohomeproducts.com and its sublicensees are hereby granted the right to do so.
You affirm and guarantee that (i) you are the sole owner of or otherwise have complete control over all of the rights to any submission you make, and (ii) the submission does not infringe upon the rights of, otherwise violate, or otherwise cause harm to, any person or entity. You understand and agree that you are responsible for any claims made against ohiohomeproducts.com due to content you post or submit. Ohiohomeproducts.com is free to keep an eye on any behavior or content, but this is not required. Ohiohomeproducts.com disclaims all liability and responsibility for any content that you or any third party post on the site.
Any submission posted to the website is not private or proprietary information. Sending us submissions containing information you want to keep private is not a good idea. Ohiohomeproducts.com is not liable for any use or abuse (including any dissemination) by any third party if your submission is made publicly available. Ohiohomeproducts.com disclaims all liability for any harm or loss caused by your decision to reveal personal information.
g) Website Unavailability. For a variety of reasons, many of which we cannot control, your access to the website may occasionally be unavailable or interrupted. Any interruptions to your access to the website or any effects that may result from such interruptions are not our responsibility.
3. Modification to Website access:
You acknowledge and agree that ohiohomeproducts.com has the right to revoke, cancel, deactivate, and/or suspend your access to the website at any time and without prior notice. Ohiohomeproducts.com does not waive or change any other right or remedy to which it may be entitled at law or in equity by ending your access or use. Your right to use the website will immediately end if ohiohomeproducts.com suspends or terminates your access to it, and you must stop using it altogether in any way. Ohiohomeproducts.com retains the right to delete any data or content held through your account and to instantly and permanently terminate your account. Any policy, feature, product, or service of the website may be discontinued, modified, altered, or changed at ohiohomeproducts.com’s discretion. You understand, agree, and acknowledge that ceasing to use the website shall constitute your single and exclusive right and remedy with respect to any termination or modification of your access to and use of the website.
4. Privacy:
a) Privacy statement. We value your right to privacy. You accept these provisions and the provisions of ohiohomeproducts.com’s Privacy Policy regarding the collection, transfer, processing, use, sharing, and storage of your personal and non-personal information by using this website. For additional details, please routinely examine ohiohomeproducts.com’s Privacy Policy.
b) Ohiohomeproducts.com does not ask for, gather, or use customers’ protected health information in accordance with HIPAA. To prevent accidentally revealing your health information, you must use caution when communicating with ohiohomeproducts.com.
5. Website Monitoring:
Although it is not required, ohiohomeproducts.com may monitor how you and other website users are using the website. Any details about a user or their activity on the website may be checked, recorded, copied, and used during monitoring in compliance with these terms and ohiohomeproducts.com’s Privacy Policy. Furthermore, ohiohomeproducts.com reserves the right to (i) disclose any information provided at any portion of the website in accordance with ohiohomeproducts.com’s Privacy Policy, including without limitation to respond to claims that such disclosure is necessary to satisfy any legal obligations or governmental requests; and (ii) to refuse to transmit or to remove, in whole or in part, any information or materials that ohiohomeproducts.com, in its sole discretion, finds objectionable or in violation of these terms or ohiohomeproducts.com’s Privacy Policy.
6. Behavior and Proper Use:
a) You are accountable for the information that you communicate and represent through the website, including any messages that are provided to us via the website’s contact forms.
b) At any moment, we may demand evidence that you are abiding by these terms. Once we become aware of any breach of these terms, we retain the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the website or seeking other legal or equitable remedies. You must affirm the following in order to use the website:
• You won’t obstruct anyone else from using or enjoying the website;
• You won’t violate anyone’s privacy or threaten, harass, or abuse them via the website;
• Any information or resources you send to us must be proper and legal (including through our contact forms);
• You won’t try to access the computer systems or networks connected to the website without permission or use it in any way for inappropriate or illegal purposes;
• You won’t harm our website or our servers;
• You won’t attempt to or help someone else circumvent or modify any security system or software that is integrated into the website, or access data not intended for you, log onto a server, or use an account that you are not permitted to use;
• You won’t distribute or send any content that has computer malware, viruses, bots, worms, or other codes that could disrupt, disable, or otherwise impair the performance of the website;
• You agree not to use the website (including through our contact forms) in an impersonative, deceptive, or otherwise misleading manner; and
• You won’t use or attempt to use any engine, software, tool, agent, or other mechanism (including without limitation any type of spider, web crawler, or robot) other than the search tools built into the website and other widely used third-party web browsers (such as Netscape Navigator, Microsoft Explorer);
• You won’t use the website, its content, or its information for any illegal purposes.
Ohiohomeproducts.com will decide whether or not there has been a violation of the terms, including without limitation the clauses listed above, in its exclusive discretion. Among other things, this could mean that your access to the website is terminated.
7. Establishing and using an account:
To use particular website features or capabilities, such as making online purchases, you can set up an account. Your account may not be shared, sold, distributed, or otherwise transferred, and you may not allow someone else to use your login information. It is your duty to protect the privacy of your account, your password, and any security questions and answers associated with it. You must also make sure that any device you use to access your account is secured.
Regardless of whether you authorized the activities or acts, you are fully responsible for any and all purchases made using your account. You commit to let us know right away if your account is used without your permission. In the event that you violate this provision, we are not responsible for any resulting loss or harm.
You affirm and promise to maintain and promptly update your information to keep it correct, current, and complete. You also represent and guarantee that any information you supply to us is true, accurate, and complete. We have the right to suspend or terminate your use of the website if any information that you supply to us is incorrect, inaccurate, out-of-date, or incomplete.
8. Ownership and exclusive rights:
Copyright, trademark, and other laws of the United States, as well as international agreements and the laws of other countries, protect all website content and materials, including without limitation text, photographs, illustrations, images, button icons, graphics, product names, designs, logos, video material, digital downloads, data compilations, software, and audio clips (collectively, “the Intellectual Property”). ohiohomeproducts.com or the party listed as the provider or owner of the intellectual property is the owner or controller of the intellectual property. Without the owner’s express written consent or that of ohiohomeproducts.com, any use of the intellectual property is strictly forbidden.
Ohiohomeproducts.com is the exclusive owner of the compilation (defined as the gathering, arrangement, and assembly) of all content on the website, which is protected by both domestic and international copyright laws. Ohiohomeproducts.com or its software providers own all of the software used to deliver any service on the website, and both domestic and foreign copyright laws protect it. Ohiohomeproducts.com provides you a limited, non-transferable, non-exclusive, revocable license to access, view, use, print, and download one copy of the website’s content for your own personal use in conjunction with your use of the website. You hereby agree that no copyright, trademark, or other property notice shall be altered or deleted. This license may be revoked by ohiohomeproducts.com at any moment and for any reason. You agree not to transfer, sell, license, distribute, reproduce, edit, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any website content or materials unless specifically permitted by ohiohomeproducts.com.
The use of ohiohomeproducts.com’s trademarks and trade dress in connection with any good or service that is not owned by or distributed by ohiohomeproducts.com in a way that is likely to confuse customers or that disparages or discredits ohiohomeproducts.com is strictly prohibited. The owners of all other trademarks not owned by ohiohomeproducts.com that appear on the website, who may or may not be related to ohiohomeproducts.com, are the rightful proprietors of those trademarks.
9. Links to Third-Party Websites, Products, and Services:
Links to third-party websites (“third-party sites”) that are not owned, managed, or run by ohiohomeproducts.com may be found on the website.
Third-party websites and their content are not the company’s responsibility. Because we do not control the third-party sites, neither our terms of use nor our privacy policy apply to them. As a result, ohiohomeproducts.com makes no warranties or representations regarding such third-party sites, assumes no liability for the operation or content of such third-party sites, and is not responsible for any loss or damage resulting from your use of or reliance on such third-party sites. you do so at your own risk by using third-party websites. a link to a third-party website included on the website does not imply an endorsement by ohiohomeproducts.com. Please be aware that the agreements and policies relating to the use of those third-party sites will govern your rights and obligations while accessing and using those third-party sites. prior to using any website you choose to access, you are advised to review the agreements and policies and confirm that the terms are acceptable to you.
10. Disclaimer; No Warranties; Liability and Damages Limitation:
a) The information displayed within the website or referred in connection with a service offered on the website may be different or additional in the actual product packaging and materials. You must always read labels, warnings, and instructions before using a product or using a service that is offered on the website. You should not rely only on the information displayed on the website. You should contact the product manufacturer directly if you have any questions or need more information about a particular product displayed on the website or referred to in connection with a service offered on the website. All information, goods, and services provided on or through the website are provided solely for general reference purposes. Inaccuracies or misstatements regarding any product or service offered on the website are not the responsibility of ohiohomeproducts.com.
b) To the fullest extent permitted under applicable law and subject to paragraph e) of this section, ohiohomeproducts.com and/or its respective licensors, affiliates, and suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses, or other harmful components and accuracy of the information, software, products, services, and related graphics contained within the content of the website for any purpose. all such materials, products, services, and related graphics are provided “as is” without warranty of any kind. Ohiohomeproducts.com and/or its respective licensors, affiliates, and suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, and specifically disclaim all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement.
c) You expressly agree that ohiohomeproducts.com is not responsible for any content sent or included on the website by any third party. You agree that the ohiohomeproducts.com website may be improved, altered, or updated at any time, and/or any part of the website may be discontinued by ohiohomeproducts.com and/or its respective licensors, affiliates, and suppliers.
d) Also subject to paragraph e) of this section and to the extent allowable by law, in no event shall the company and/or its respective licensors, affiliates, and suppliers be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages, or any damages whatsoever. The company’s maximum liability for any type of damages shall be limited to the lesser of $100 or the purchase price if this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforcable for any reason. Your only and exclusive remedy is to stop using the website if you are unhappy with any aspect of it or with any of these terms.
e) Applicable law may not allow limitations on certain implied warranties, exclusions or limitations of certain damages. A few or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights, solely to the extent that such law applies to you. A party’s liability will not be limited or excluded to the extent prohibited by applicable law in the event that such prohibition relates to death or personal injury caused by such party’s negligence, fraud, or any other matter.
11. Making Purchases on the Website:
a) Product details: Ohiohomeproducts.com provides as accurate of a product description as it can. Ohiohomeproducts.com, however, makes no guarantees as to the accuracy, completeness, reliability, currentness, or error-freeness of the product descriptions or other material of this website. Your only option if a product you buy from us isn’t what you expected is to return it in its original packaging.
Additionally, we have done our best to accurately represent the colors and finishes of our products on the website. However, we cannot guarantee that your monitor’s depiction of any color or finish will be correct because the actual colors you see will vary on your monitor.
b) Product accessibility: For any product, service, or program found on the website, the accessibility, product packaging, quality, quantity, pricing, discounts, charges, and fees are all subject to change at any moment without prior notice. Ohiohomeproducts.com reserves the right to take any or all of the following measures at any time, with or without prior notice: (1) restricting access to any product, service, or program; (2) ending such access; (3) limiting the scope of any purchase; (4) canceling such a purchase; or (5) refusing such an order. Products might not always be accessible on ohiohomeproducts.com. Additional terms, restrictions, rules, and disclosures can apply to some items.
Ohiohomeproducts.com maintains the right, in its sole discretion, to limit the number of items purchased per person, per household, or per order, with or without prior warning. These limitations may apply to orders made using the same payment account, the same billing and/or shipping address, the same email address, or any combination of these. If such limits are imposed, we shall notify the customer through email and/or the billing address supplied. Additionally, ohiohomeproducts.com retains the right to forbid sales to dealers. Please contact ohiohomeproducts.com if you’re interested in buying things in bulk for a business or institution.
c) Item pricing: Despite ohiohomeproducts.com’s best efforts, there may be pricing or typographical errors in the product and pricing information. Ohiohomeproducts.com shall have the right, at our sole discretion, to contact you for instructions or, in the event that an item is advertised at an incorrect price or with incorrect information due to a mistake in pricing or product information, to cancel your order and notify you of such cancellation. When you submit your order, the price that applies to the goods is the one that is current. Prices are listed in US dollars and exclude any relevant taxes. Promotional rates and discount deals are only good for the time period that is specified in the promotion. Without prior warning, prices and availability are subject to change. Whether or not the order has been confirmed, ohiohomeproducts.com reserves the right to cancel any order for goods or services offered at an inaccurate price owing to any error.
d) Promotional codes: are only good for purchases made through the website. After the corresponding promotion code program’s expiration date, promotional codes are no longer valid. We reserve the right to modify a promotion code if the overall discount value is greater than the cost of your order. Any promotion code may be withdrawn or cancelled by ohiohomeproducts.com at any time, in whole or in part. We reserve the right to refuse or cancel any order, transaction, or purchase made using a promotion code if we believe it is being used fraudulently or unlawfully. You acknowledge that ohiohomeproducts.com will not be liable if a promotion code is denied or canceled. If you are unable to use a promotion code for any reason, ohiohomeproducts.com is not responsible for any financial loss.
e) Purchase limits: Ohiohomeproducts.com reserves the right to impose a spending cap on your account. Additionally, the credit card company may set spending restrictions that limit your ability to place orders on the website. To find out if there are any limits, you should refer to the cardholder agreement between you and your payment card provider.
f) Modify or cancel an order: When you place your order, you will be charged in full, including for any items that might be on backorder. After you place an order, a record of it with a status will be available in your order history. We shall make every attempt to send your order as soon as possible, whether that be within the time frame specified on the product particular page, the estimated delivery date supplied with the order confirmation, or as specified in our shipping policy. Sometimes, after your order has been submitted, the anticipated delivery date may be extended. In this case, we will notify you and give you an updated estimated delivery date (which will also be displayed in your order status). Your order cannot be canceled after it has shipped.
Please be aware that occasionally we may have to refuse or cancel an order. We have the right to refuse or cancel any order for any reason in our sole discretion. Limitations on quantities available for purchase, mistakes or errors in product or pricing information, or issues discovered by ohiohomeproducts.com are among instances in which ohiohomeproducts.com may modify or cancel your order. Before approving any order, we can additionally need more proof or information. If your order is canceled in whole or in part, or if more information is needed to accept your order, we will get in touch with you. If your order is canceled after payment has been received, we shall, at our sole discretion, either use a different mode of payment or, for the amount of the charge, give a credit to the payment method used.
g) Billing and payments; credit and debit cards: To order anything from ohiohomeproducts.com, you must fully pay with a valid credit card, debit card, or other mode of payment. For all purchases made using your account on the website, plus any applicable taxes, fees, and other charges (such as sales tax, service fees, and delivery charges), you authorize ohiohomeproducts.com to charge your credit or debit card or alternate mode of payment. You warrant that you are authorized to use any credit or debit card or alternative payment method you provide, and you agree to pay for any orders placed through the website by you or anyone else using your account, whether or not you have given that person permission to use your account.
h) Reserved rights:. Orders that You place through the ohiohomeproducts.com are subject to ohiohomeproducts.com approval. Before accepting or completing any orders, ohiohomeproducts.com may demand information verification. Ohiohomeproducts.com is not obligated to you or anyone else and is free to accept or reject your order at any time after receiving it for any reason. Ohiohomeproducts.com will repay you if an order is canceled for which your payment method has already been deducted. The Returns Policy for ohiohomeproducts.com applies to all exchanges and refunds for orders placed on the website.
i) Delivery Conditions: Ohiohomeproducts.com will send your order to the delivery address you choose when making your purchase. You or someone acting on your behalf must accept all deliveries at the delivery address. Regardless of whether you authorized that person’s actions or activities, we will presume conclusively that anyone at the delivery address who takes the package is authorized to do so. For our records, the delivery person will be instructed to take a photo of the order being delivered at the delivery address specified at checkout in the event of an unattended (contactless) delivery.
If your item is not able to be delivered for any reason and it is returned to us, you may be charged for the cost of return shipping. This applies to deliveries made by pre-arranged appointment.
After delivery, you are in charge of promptly storing your products properly. Ohiohomeproducts.com is unable to guarantee the quality of products that are not quickly stored after delivery in a proper manner.
12. Release and Hold Harmless:
You consent to defend and hold harmless ohiohomeproducts.com, it’s employees, affiliates, subsidiaries, contractors, attorneys, accountants, advertisers, and any other people or businesses acting on ohiohomeproducts.com’s behalf from any and all claims, liabilities, losses, damages, costs, and expenses (including without limitation, attorneys’ fees and expenses, direct, incidental, consequential, and exemplary damages). Ohiohomeproducts.com maintains the right to assume or take part in the examination, resolution, and defense of any such action or claim at your expense.
13. Conflict resolution:
PLEASE CAREFULLY READ THIS SECTION. As outlined below, you consent to giving up your right to participate in class, collective, or other representative actions as well as your right to have any claim you assert tried before a judge or jury.
Without regard to California’s rules on conflicts of law, these terms are governed by California law. You acknowledge and agree that any claims, lawsuits, or other legal proceedings (collectively, “Claims”) arising out of or connected with (i) these terms (including without limitation interpretation, breach, termination, or validity of the terms), (ii) use of the website, or (iii) any goods or services offered or purchased by ohiohomeproducts.com, shall be subject to and resolved solely through binding arbitration in accordance with rules established by the American Arbitration Association. Any such arbitration process must be brought alone, without being joined to any other parties’ disputes. You acknowledge that neither you nor your representatives shall have the right or authority to bring any claims in a supposed representative position on behalf of the general public, other users, or other people in a similar situation, or on a basis of class action.
You acknowledge and agree that you are giving up your right to a jury trial and to file a lawsuit in a court with broad jurisdiction, to the fullest extent authorized by law. Additionally, you accept and consent that any arbitration will be conducted only on an individual basis, not as a class action or representative action, and you expressly waive your right to do so.
14. Assignment:
Without ohiohomeproducts.com’s prior written agreement, you may not assign these terms or any of your rights or duties under them. Ohiohomeproducts.com is free to transfer all or a portion of its rights and responsibilities under these terms, and any such transfer will be advantageous to our licensees, successors, and assigns.
15. Severability:
The validity of the remaining provisions of these terms, including ohiohomeproducts.com’s Privacy Policy, shall not be affected by the invalidity of the foregoing provision(s), and the remaining provisions of these terms, including this agreement, shall remain in full force and effect as if the foregoing invalid, illegal, or unenforceable provision(s), had never been a part of these terms. No waiver of any term of these terms shall constitute a further or ongoing waiver of such term or of any other term.
16. Resilience:
Any termination of these terms shall not affect Sections 4 (Privacy), 8 (Ownership and exclusive rights), 12 (Release and hold harmless), 13 (Conflict resolution), 14, (Assignment), 15, (Severability), 17, (section headings), 19, (Waiver permissions), 20, (Children’s Online Privacy Protection Act (“COPPA”) Notification), or 21 (Digital Millennium Copyright Act).
17. Section headings:
The headers used in these terms are solely for convenience of reference and are not intended to be utilized in interpreting, analyzing, or otherwise construing these terms or the provisions included herein.
18. Agreement in entirety:
The complete understanding between ohiohomeproducts.com and you about your use of the website is set forth in these terms, which also include ohiohomeproducts.com’s Privacy Policy. All past agreements between the ohiohomeproducts.com and you regarding the rights and duties set forth herein are canceled and replaced by the terms of these terms. No part of these terms may be changed or amended unless expressly permitted by these terms.
19. Waiver permissions:
No waiver by ohiohomeproducts.com of any of these terms, unless authorized in writing by an officer of ohiohomeproducts.com, is permitted to consent to such a waiver. If ohiohomeproducts.com waives a violation of any term of the agreement, the waiver will not be interpreted as a continuing waiver of subsequent occurrences of that violation or of other terms, and it will not affect ohiohomeproducts.com’s right to enforce all terms later.
20. Notice under the Children’s Online Privacy Protection Act (“COPPA”):
People under the age of 18 are not permitted to use our website. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may help you limit access to material that may be harmful to minors, in accordance with 47 U.S.C. Section 230(d) as modified. The Electronic Frontier Foundation website, http://www.eff.org, lists current providers of these protections.
21. Digital Millennium Copyright Act:
All accusations of copyright infringement for materials believed to be located on the website should be sent to ohiohomeproducts.com as soon as possible in writing by email at [email protected]. This is required by Title II of the Digital Millennium Copyright Act. The following details must be included in all claims:
a) The written or electronic signature of a representative duly appointed by the holder of the allegedly violated exclusive right;
b) Identification of the allegedly infringed copyrighted work or, in the case of numerous allegedly infringing works at the website, a list of all allegedly infringing works at the website;
c) Identification of the allegedly unlawful or subject to unlawful behavior material, along with information reasonably sufficient to facilitate its location on the website, and instructions for its removal or access restriction;
d) Contact information for the complaining party, which should include their complete name, postal address, phone number, and, if available, an email address;
e) A declaration that the complaining party has a good faith conviction that the copyright owner, its agent, or the law has not granted permission for the use of the work in the manner complained of; and
f) A declaration made under oath that the information in the notification is truthful and that the complaining party is authorized to speak on behalf of the owner of the allegedly infringing exclusive right.
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