Shopping Cart

Terms & Conditions


Terms & Conditions

Rules Governing Use of this Site

Welcome! You may use the websites, content, services and applications operated by Small's Hardware, Inc (the “Website”) on the condition that you abide by the following Terms and Conditions. BY ACCESSING, BROWSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. You agree that you accept these Terms and Conditions electronically, which have the same force and effect as an agreement in writing.

You understand and agree that we may modify these Terms and Conditions at any time in order to adapt to changes with the Website, laws, and products we offer. Therefore, we urge you to check these Terms and Conditions periodically for changes. We will notify our users of any material changes to these Terms and Conditions before the changes take effect. Your continued use of the Website after we notify or post changes to these Terms and Conditions will mean you accept those changes. Small's Hardware, Inc reserves the right to modify or discontinue any aspect of this Website at any time and without notice to you.

Certain services or products offered through the Website may be subject to additional terms that will be disclosed to you. You understand and agree that those supplemental terms will be binding on you if you use or purchase those products or services. This site is operated by Small's Hardware, Inc dba DTEPStore, dba Down to Earth Products, collectively “Small's Hardware, Inc”, 109 S Wayne Ave, Lockland OH 45215.

Notice of Copyright and Limited License

In connection with the creation, hosting, maintenance and/or display of the Website, including the services and product features and offerings at the Website, Small's Hardware, Inc uses certain Small's Hardware, Inc proprietary materials or other materials licensed to Small's Hardware, Inc, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (which could also include music and lyrics), User Submissions (as defined below), trademarks, service marks and trade names (collectively, “Content”) that are protected by copyright and trademark laws and other U.S. and international laws and treaties. You may use the Content on our Website only for your own personal, non-commercial shopping and information purposes. Permission is granted only for the electronic copy and hard copy print for portions of this site as it pertains to your order. All rights in such Content is expressly reserved by the owner of the Content and no right, title or interest in the Content is conveyed to you, except as expressly provided herein. Your limited license to use the Content is subject to the following restrictions: (1) except as expressly provided, reproduction, publishing, broadcasting, modification, distribution, performance, displaying, posting, transmission or the creation of derivative works in any manner without the prior written consent of Small's Hardware, Inc is strictly prohibited; (2) access or use of the Website for any purpose that competes with Small's Hardware, Inc is strictly prohibited; and (3) retention of all copyright and other proprietary notices contained on the Content is required. Small's Hardware, Inc may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Small's Hardware, Inc.

Those who might desire to reuse any of the information contained on this site are cautioned that other types of independent re-distribution of this information may require copyright permission from some or all of the original copyrighted sources. In other words, the written copyright permissions obtained for our distribution of this information in its current format and setting does not convey to you or to your personal, business or non-business use. This notice imparts to you that Small's Hardware, Inc will not be held responsible for liability to you or any entity for willful copyright misuse or infringement from this domain.

Trademarks

Small's Hardware, Inc retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Small's Hardware, Inc and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that Small's Hardware, Inc will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

All third party trademarks and registered marks used on this site are the property of their respective owners. Product and/or Brand Names shown or listed are for identification purposes only.

User Submissions

 

The Website may from time to time permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Small's Hardware, Inc does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

By submitting User Submissions, you hereby grant to Small's Hardware, Inc an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Small's Hardware, Inc shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Small's Hardware, Inc does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.

In connection with User Submissions, you affirm, represent, and warrant to Small's Hardware, Inc that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Small's Hardware, Inc as set forth above; (iii) use of your User Submission(s) on the Website or otherwise by Small's Hardware, Inc, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Small's Hardware, Inc to utilize the User Submission(s) without compensation or objection. For clarity, Small's Hardware, Inc does not claim ownership of your User Submissions.

You further agree that you will not submit any material, communications or content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to do the same and to grant Small's Hardware, Inc all of the license rights granted herein.

Small's Hardware, Inc does not permit copyright infringing activities on the Website, and Small's Hardware, Inc may remove any Content if properly informed that any such Content infringe on another’s copyright rights. Small's Hardware, Inc will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

Small's Hardware, Inc also reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms and Conditions and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. Small's Hardware, Inc reserves the right to terminate your access to the Website for uploading or attempting to upload such material in violation of the foregoing.

 

Prohibited Uses and Conduct

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Small's Hardware, Inc, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or Small's Hardware, Inc’s related services and products.

Notice of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any Content (including any User Submission) infringes upon your copyrights, you may notify Small's Hardware, Inc by providing the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
  3. Identification of the Content (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Small's Hardware, Inc to locate the same;
  4. Information reasonably sufficient to permit Small's Hardware, Inc to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the Content (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:                         You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Product Idea Submissions

If you submit product ideas to use, you are irrevocably licensing to us the unrestricted right to copy, modify, publish, transmit and publicly distribute that product idea, with or without naming you as the author or contributor, in our discretion. If you do not agree with the foregoing, do not submit, forward or send us any product ideas.

Links

As a convenience to you, we may provide links or references to websites which are not operated or controlled by us. Please keep in mind that we will not be responsible for the information, products or services provided on such other sites and will not be liable for any damages arising from your access to such sites. The inclusion of any such links in our Website does not imply an endorsement of any other party’s site or its content, products or services.

Warranty Disclaimer

Small's Hardware, Inc DOES NOT PROMISE THAT THE WEBSITE OR ANY MATERIALS, CONTENT, SERVICES, PRODUCTS OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, MATERIALS, CONTENT AND RELATED SERVICES AND ALL PRODUCTS ARE SHOWN, RESPRESENTED AND SOLD ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. None of Small's Hardware, Inc, its officers, members, employees, contractors or agents warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the products sold on this site or any sites linked to this site. Small's Hardware, Inc shall not be liable for any injury, loss or damage, whether direct or consequential, arising out of use of, or the inability to use, the products sold. Before using any product, you should determine the suitability of the product for its intended use. You assume all risk and liability whatsoever in connection with the use of the product.

Small's Hardware, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Small's Hardware, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Small's Hardware, Inc with respect thereto.

Limitation of Liability

IN NO EVENT WILL Small's Hardware, Inc BE LIABLE TO YOU OR ANY ENTITY OR PERSON FOR ANY DIRECT DAMAGES, LOST PROFITS, LOSS OF BUSINESS, INABILITY OF USE, LOSS OF DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE, CONTENT, MATERIALS OR ANY OTHER RELATED SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. You agree that Small's Hardware, Inc is not liable or responsible for any amount of damages above the total dollar amount you paid to purchase the products.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product. Small's Hardware, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Small's Hardware, Inc without notice at any time, and these provisions at time of access, registration or sale shall survive any such termination.

Notice

You consent to receive all communications, including notices, agreements, legally required disclosures or other information (collectively, “Notices”) electronically. You agree that Small's Hardware, Inc may deliver Notices to you by means of e-mail, a general notice on the site, or by other reliable method using any of the information you have provided to us. The delivery of any Notice from Small's Hardware, Inc is effective when sent (or posted) by Small's Hardware, Inc, regardless of whether you read the communication when you received it.

Indemnification

You agree to indemnify, defend, and hold harmless Small's Hardware, Inc, its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of these terms and conditions, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing or using this site, or (c) your violation of any third-party right, including without limitation any copyright, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive these Terms and Conditions and your use of the Website.

Miscellaneous

These Terms and Conditions shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Terms and Conditions, Small's Hardware, Inc reserves the right to seek all remedies available by law or in equity.