About Us
Try The The Hardware Area Experience!
By placing an order through this website, you agree to the terms and conditions set for the below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.
One Time Purchase Offer Terms:
This charge will appear on your billing statement as TheHardwareArea.com.
OFFER TERMS: By placing an order you agree to our full Terms & Conditions and Privacy Policy. You agree you will be charged depending on which item is selected at the time of the order. There will be no additional charges after the completion of this one-time transaction. We will then immediately ship you your order of The Hardware Area. Products will be shipped via USPS and are delivered within 3-5 business days. If this product is not right for you, or you have any questions, contact customer service with any questions by calling 8668114654 or e-mailing [email protected]. Charges will appear on your credit card statements as TheHardwareArea.com.
Shipping Method: By placing an order, you will be charged the full price of the package you selected and the order will be shipped to the address you provided during checkout. Your order will be shipped via USPS within 3-5 business days of your order.
Refund Policy: In order to obtain your refund, contact customer service by phone or email and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send back the opened/unopened product to our fulfillment center, within thirty (30) days of the date you received the product. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original date you received your purchase. You pay for return shipping. Returns are processed within 24-48 hours of arrival at the fulfillment facility. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
Return Address:
Fulfillment Center
44875-G Industrial Dr, Fremont, CA 94538, USA
This Terms of Service ("TOS") is a legally binding agreement made by and between Summer Fountain LLC ("we" or "us") and you, personally and on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the The Hardware Area web site ("Web Site") and the services we offer on the Web Site ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
Copyright
All material present on The Hardware Area, whether text, video, audio, or any other form is subject to intellectual property rights such as copyright, trademark and other property rights. This material is property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.
Personal Use
The Hardware Area is designed for personal, non-commercial use. We would like to inform you that using any material or information from our site for any non-personal purpose could be considered illegal and may result in criminal or civil prosecution.
Content
Summer Fountain LLC will not be held responsible in the event that you encounter material that you deem offensive, indecent or otherwise objectionable.
Errors, Mistakes and Missing Information
Despite our tireless efforts, Summer Fountain LLC cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issue, Summer Fountain LLC reserves the right to correct such error without notification. Summer Fountain LLC also reserves the right to cancel any order that may have been made under the pretense of such error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.
Customer Feedback
Please note that all customer feedback given to The Hardware Area shall be considered the property of Summer Fountain LLC. This includes all customer communication, testimonials and contact information. By releasing this information to The Hardware Area, you are hereby giving Summer Fountain LLC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Summer Fountain LLC
Taxes
Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.
Use by Minors
To purchase a product from The Hardware Area you must be the legal age of majority as stated by the law of the jurisdiction in which you reside.
Payment Agreement
By purchasing a product from The Hardware Area you are agreeing to pay any and all charges associated with the purchased product.
Shopping Limitations
Summer Fountain LLC reserves the right to limit quantities products. Summer Fountain LLC also reserves the right to eliminate products from our website, cancel orders or prohibit access to certain pages at any time.
Product Use
Summer Fountain LLC shall not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. Summer Fountain LLC shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
Website Safety
The Hardware Area or any affiliated party is not responsible for any damages, either in contract, tort (including passive or imputed negligence), product liability, strict liability or other theory, that may result from the use of our website.
Service Availability
Please note that the services provided by Summer Fountain LLC are available only on an as is and as available basis. Summer Fountain LLC is not responsible for any and all losses, whether direct or indirect, exceeding the price of the goods purchased.
Unlawful Use
It is illegal to use The Hardware Area for any illegal or destructive purpose. This includes any use of the website that could result in damaging, disabling, overloading or in any other way compromising the website. Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution.
Identification
Misrepresenting your identity while using The Hardware Area will be considered a clear violation of our terms of service and may result in you being banned from the website and possibly civil or criminal prosecution.
User Responsibility
As a user of The Hardware Area, you are responsible for any monetary charges resulting from your use of the site. These fees include any claim, cause of action, demand, including but not limited to, legal, accounting and any other fees that result from the use of the website.
User Right to Termination
You must agree to these terms of service in order to use The Hardware Area. If you can not or decide you do not want to agree with the Terms of Services displayed on this page, you are prohibited from using this website and should leave The Hardware Area immediately.
Precedence
These terms of service in combination with our Privacy Policy represent a legally binding agreement between the user and Summer Fountain LLC. This agreement shall replace all prior oral and/or written communication between the user and Summer Fountain LLC. If a conflict is to occur between a previous, present or future agreement and the above terms of service, the terms of service will have precedence, unless clearly noted in the prior agreement.
Severability
In the event that one or more of the provisions of The Hardware Area's terms of service is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law.
Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Indemnification
You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
(a) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(b) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(c) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(d) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
Force Majeure
You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use; Export Restriction
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Modification of Terms of Service
We reserve the right to change or modify these Terms of Use at any time and your continued use of this site will be conditioned upon the Terms of Use in force at the time of your use. You can always check the most current version of the Terms of Use at this page.
Termination
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
Integration
This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
Applicable Law
These terms of service, and furthermore, the use of The Hardware Area shall be governed solely by the laws of the state of Delaware and consequently the laws of United States Of America.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of The Hardware Area.
Please feel free to contact us, if you have any questions regarding our terms of service.
Legal Address:
Summer Fountain LLC
20673 SW Roy Rogers Rd, Ste 207 #100, Sherwood, OR 97140, USA
Phone: 8668114654
Email : [email protected]
Try The The Hardware Area Experience!