Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS OF
USE
Welcome to continentalhomecenter.com
and/or its affiliates (the "Company") provide website features and
other products and services to you when you visit or shop at the Company’s website, use the Company’s products or services,
use the
Company’s applications for mobile, or use software provided by the Company
in connection with any of the foregoing (collectively, "Company
Services"). The Company provides the Company Services subject to the
following conditions.
By using Company Services, you agree to
these conditions. Please read them carefully.
We offer a wide range of
Company Services, and sometimes additional terms may apply. When you use a
Company Service (for example, Your Profile, Gift Cards, etc.) you also will be
subject to the guidelines, terms and agreements applicable to that Company
Service (the "Service Terms"). If these Conditions of Use are
inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please
review our Privacy Notice, which also governs your use of Company Services, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Company
Services, or send e-mails, text messages, and other communications from your
desktop or mobile device to us, you may be communicating with us
electronically. You consent to receive communications from us electronically,
such as e-mails, texts, mobile push notices, or notices and messages on this
site or through the other Company Services, and you can retain copies of these
communications for your records. You agree that all agreements, notices,
disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All
content included in or made available through any Company Service, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of the Company or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content included in or made available through any Company
Service is the exclusive property of the Company and protected by U.S. and
international copyright laws.
TRADEMARKS
In addition, graphics,
logos, page headers, button icons, scripts, and service names included in or
made available through any Company Service are trademarks or trade dress of the
Company in the U.S. and other countries. The Company's trademarks and trade
dress may not be used in connection with any product or service that is not the
Company's, in any manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits the Company. CONTINENTAL HOME
CENTER is a registered trademark of the Company. All other trademarks not owned
by the Company that appear in any Company
Service
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by the Company.
LICENSE AND ACCESS
Subject
to your compliance with these Terms and Conditions of Use, the Company or its
content providers grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to access and make personal and non-commercial use of
the Company Services. This license does not include any resale or commercial
use of any Company Service, or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of any Company
Service or its contents; any downloading, copying, or other use of account
information for the benefit of any third party; or any use of data mining,
robots, or similar data gathering and extraction tools. All rights not
expressly granted to you in these Conditions of Use or any Service Terms are
reserved and retained by the Company or its licensors, suppliers, publishers,
rightsholders, or other content providers.
No Company Service, nor
any part of any Company Service, may be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of the Company. 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 the Company without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing the Company's name or trademarks without the express
written consent of the Company. You may not misuse the Company Services. You
may use the Company Services only as permitted by law. The licenses granted by
the Company terminate if you do not comply with these Conditions of Use or any
Service Terms.
YOUR ACCOUNT
You may need your own
Company account to use certain Company Services, and you may be required to be
logged in to the account and have a valid payment method associated with it.
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your account, and you agree to accept
responsibility for all activities that occur under your account or password.
COPYRIGHT COMPLAINTS
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
PRODUCT DESCRIPTIONS
The Company attempts to
be as accurate as possible. However, the Company does not warrant that product
descriptions or other content of any Company Service is accurate, complete,
reliable, current, or error-free. If a product offered by the Company itself is
not as described, your sole remedy is to return it in unused condition.
PRICING
"List
Price" means the suggested retail price of a product as provided by a
manufacturer, supplier, or seller. With respect to items sold by the Company,
we cannot confirm the price of an item until you order it. Despite our best
efforts, a small number of the items in our catalog may be mispriced. If the
correct price of an item sold by the Company is higher than our stated price,
we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation. Other merchants may
follow different policies in the event of a mispriced item.
We generally do not charge
your credit card until after your order has entered the shipping process or,
for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created
by the Company, such as the Company App, you may grant certain permissions to
us for your device. Most mobile devices provide you with information about
these permissions.
SANCTIONS AND EXPORT POLICY
You may
not use any Company Service if you are the subject of U.S. sanctions or of
sanctions consistent with U.S. law imposed by the governments of the country
where you are using Company Services. You must comply with all U.S. or other
export and re-export restrictions that may apply to goods, software (including
Company Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY
THE
COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS"
AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN
WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES,
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY
SERVICES, COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY
LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim
relating in any way to your use of any Company Service, or to any products or
services sold or distributed by Company or through Company.com will be resolved
by binding arbitration, rather than in court, except that you may assert claims in small
claims court if your claims qualify. The Federal Arbitration Act and federal
arbitration law apply to this agreement.
There is no judge or jury in
arbitration, and court review of an arbitration award is limited. However, an
arbitrator can award on an individual basis the same damages and relief as a
court (including injunctive and declaratory relief or statutory damages), and
must follow the terms of these Conditions of Use as a court would.
To begin an arbitration
proceeding, you must send a letter requesting arbitration and describing your claim
to our registered agent, Judy May. The arbitration will be conducted by the
American Arbitration Association (AAA) under its rules, including the AAA's
Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879. Payment of all
filing, administration and arbitrator fees will be governed by the AAA's rules.
We will reimburse those fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous.
Likewise,
the Company will not seek attorneys' fees and costs in arbitration unless the
arbitrator determines the claims are frivolous. You may choose to have the
arbitration conducted by telephone, based on written submissions, or in person
in the county where you live or at another mutually agreed location.
We each agree that any
dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we each waive any right
to a jury trial. We also both agree that you or we may bring suit in court to
enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By
using any Company Service, you agree that the Federal Arbitration Act,
applicable federal law, and the laws of the State of Michigan, without regard
to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other
policies, such as our privacy policy and acceptable use policy, posted on this
site. These policies also govern your use of Company Services. We reserve the
right to make changes to our site, policies, Service Terms, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason
unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
ADDITIONAL COMPANY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software)
and any related documentation we make available to you in connection with
Company Services (the "Company Software").
1. Use of the Company
Software. You may use Company Software solely for purposes of enabling you
to use the Company Services as provided by Company, and as permitted by these
Conditions of Use and any Service Terms. You may not incorporate any portion of
the Company Software into other programs or compile any portion of it in
combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify,
create derivative works of, distribute, assign any rights to, or license the
Company Software in whole or in part. All software used in any Company Service
is the property of Company or its software suppliers and is protected by United
States and international copyright laws.
2. Use of Third Party
Services. When you use the Company Software, you may also be using the
services of one or more third parties, such as a wireless carrier or a mobile
software provider. Your use of these third party services may be subject to the
separate policies, terms of use, and fees of these third parties.
3. No Reverse
Engineering. You may not reverse engineer, decompile or disassemble, tamper
with, or bypass any security associated with the Company Software, whether in
whole or in part.
4. Updates. We may offer automatic or
manual updates to the Company Software at any time and without notice to you.
5. Government End
Users. If you are a U.S. Government end user, we are licensing the
Company Software to you as a "Commercial Item" as that term is
defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and
the rights we grant you to the
Company Software are the same as the rights we grant to all others under these
Conditions of Use.
6. Conflicts. In the event of any
conflict between these Conditions of Use and any other Company or third-party terms applicable to any portion of Company Software, such as
open-source license terms, such other terms will control as to that portion of
the Company Software and to the extent of the conflict.
Disclaimer
CONTINENTAL
HOME CENTER has attempted to provide accurate information
and materials on this Web site but assumes no responsibility for the accuracy
and completeness of that information or materials.
CONTINENTAL HOME CENTER may change the content of any information or materials available
at this Web site, or to the products described in them, at any time without
notice. However, CONTINENTAL HOME CENTER makes no commitment to
update the information or materials on this Web site which, as a result, may be
out of date. Information and opinions expressed in bulletin boards or other
forums are not necessarily those of CONTINENTAL HOME CENTER. Neither CONTINENTAL HOME CENTER, nor its officers, directors,
employees, agents, distributors, or affiliates are responsible
or liable for any loss damage (including, but not limited to, actual,
consequential, or punitive), liability, claim, or other injury or cause related
to or resulting from any information posted on CONTINENTAL HOME CENTER web site. affordablerto.com reserves the right to revise these
terms and/or legal restrictions at any time. You are responsible for reviewing
this page from time to time to ensure compliance with the then-current terms
and legal restrictions because they will be binding on you. Certain provisions
of these terms and legal restrictions may be superseded by expressly designated
legal notices or terms located on particular pages of this Web site. ALL
INFORMATION AND MATERIALS AVAILABLE AT THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND AFFORDABLE
SALES AND RENTALS DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. IN NO EVENT SHALL AFFORDABLE SALES AND RENTALS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR 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 WEB SITE, ANY WEB SITES LINKED TO THIS
WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB
SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS OR INFORMATION ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Notice and Procedure for Making Claims
of Copyright Infringement
If you
believe that your work has been copied in a way that constitutes copyright
infringement, please submit your complaint using our online form. We respond
quickly to the concerns of rights owners about any alleged infringement.
If you
prefer to submit a report in writing, please provide us with this information:
· A physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
· A description of the
copyrighted work that you claim has been infringed upon;
· A description of where
the material that you claim is infringing is located on the site;
· Your address, telephone
number, and e-mail address;
· A statement by you that
you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
· A statement by you, made
under penalty of perjury, that the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
The Company's Copyright
Agent for notice of claims of copyright infringement on its site can be reached
as follows:
Phone:
520-888-7200
520-741-7200
E-mail: tomroupe@continentalrto.com
Please
note that this procedure is exclusively for notifying the Company that your
copyrighted material has been infringed.