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Terms of Use

Homesergeant.com Terms of Use

 

Effective Date: January 1, 2011

Welcome to Homesergeant.com. The Homesergeant.com website, all e-commerce portals offering goods and services (such as ebay.com and amazon.com) and its related customer services and content (collectively "Websites") is owned and operated by E. M. Sergeant Co ("E. M. Sergeant"). E. M. Sergeant has adopted this Terms of Use Agreement ("Agreement") to inform you of your rights and duties when using the Websites. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Websites and must discontinue your use immediately.

E. M. SERGEANT MAY, FROM TIME TO TIME, RESERVING SUCH RIGHT WITHIN ITS SOLE AND ABSOLUTE DISCRETION, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITES. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT E. M. SERGEANT MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITES AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. THE AGREEMENT IS EFFECTIVE AS OF THE DATE LISTED ABOVE.

1. Our Websites

For more information about who we are, visit our "About Us" link.

http://www.homesergeant.com/pages/About-Us.html

Except as otherwise provided herein, the Websites, and its associated products and customer support services are provided, in part, for informational and purchasing purposes specifically noted herein, such as the purchase of products and related customer services. We are not the manufacturer, but a reseller of various products all of which are covered by manufacturer and/or distributor warranties. We provide customer support for your purchase of products through our Websites. We believe in customer service take your privacy seriously. Feel free to contact us with any questions about this Agreement, or other E. M. Sergeant policies by email at info@emsergeant.com or call us directly at (800) 530-1363.

WARRANTIES - Each E. M. Sergeant product is packaged with the manufacturer's and/or distributor's warranty and service information detailing specific terms and conditions about the product. Your warranties for manufacturing, design or related issues are controlled by the manufacturers' and/or distributors' warranty. We encourage you to complete the product registration information and return any registration cards to the manufacturer so that they can contact you if necessary in the future. Improper product installation or mishandling the product can void any warranty. Please read and follow all guidelines. E. M. Sergeant is not responsible for any Warranty, or any issues related to product defects, design or related issues. All warranty claims must be submitted directly to the manufacturer and/or distributor. Always follow manufacturers' safety instructions provided with your order. It is our recommendation that you contact a local professional contractor to assist in the installation of your product. E. M. Sergeant assumes no responsibility for installation of your product.

TYPOGRAPHICAL ERRORS - In the event that a product is listed at an incorrect price due to either a display error or typographical error, or an error in pricing information received from our suppliers, or an item that was priced incorrectly, E. M. Sergeant has the right to refuse or cancel any orders placed for product(s) listed or conveyed at the incorrect price.

ORDER CANCELLATION POLICY - Most products are shipped within a few hours of order receipt. We will gladly cancel any order prior to shipment at no charge. Please submit any cancellation via E-mail to cancellations@Homesergeant.com. E-mail cancellations must contain the following: First name, Last name, and E-mail address and product description. This information must be identical to the information originally submitted on your order. Please provide contact information in the event we have questions in regard to canceling your order. Please see our shipping and 1 year return policy below for more information.

Other E. M. Sergeant Policies as noted below.

E. M. Sergeant shipping policy is found here and specifically incorporated herein.

http://www.homesergeant.com/shipping/

E. M. Sergeant returns policy is found here and specifically incorporated herein.

http://www.homesergeant.com/returns/

E. M. Sergeant security policy is found here and specifically incorporated herein.

http://www.homesergeant.com/pages/Site-Security.html

E. M. Sergeant privacy policy is found here and specifically incorporated herein.

http://www.homesergeant.com/privacy/

To the extent your purchase a product through an ecommerce portal such as amazon.com or ebay.com, additional terms may apply as listed on those sites. You, and you alone, are responsible for your own research and purchasing decisions, and E. M. Sergeant shall not be liable to you or any third party for any decision made or action taken by you or others based upon reliance on or use of the information on the Websites.

We are currently required to collect sales tax on purchases being billed in the state of Michigan. Sales tax calculation is based on the total order value, after any discounts have been applied, which includes product total (after discounts have been applied) and shipping fees. These calculation formulas are mandated in Michigan and may differ from other states or localities.

See important Kentucky sales and use tax information regarding tax you may owe directly to the Commonwealth of Kentucky

http://www.homesergeant.com/sales-and-use-tax-for-commonwealth-of-kentucky/a198/

Homesergeant.com may contact you for a customer product review of your purchase(s). Any review or reviews you submit may be posted on all websites owned and operated by E. M. Sergeant.

2. Your Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Websites through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement. You warrant and represent that any and all information provided by you, including account and payment information are accurate and valid.

3. Order/Payment Account and Settings

Users may be required to register a user account in order to purchase products. You may only use your user account and you are expressly prohibited from providing additional parties with access your user account. You agree that by registering an account, you will provide E. M. Sergeant with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your user account, whether authorized or unauthorized. In the event your user account is accessed without your authorization, you agree to immediately provide notice to E. M. Sergeant. By creating a user account, you agree that E. M. Sergeant may contact you by any available means, including, but not limited to, by email.

4. Acceptable Uses

You agree that you will not use the Websites to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Websites.

Specifically, you are prohibited from, without limitation:

  1. Posting or transmitting content, or using the Websites in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international, including, without limitation, any and all laws;

  2. Spamming;

  3. Recreating, redisplaying, or otherwise duplicating, in whole or in part, the Websites content or any web page content and/or information;

  4. Transmitting unsolicited commercial email messages through the Websites or to users of the Websites;

  5. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Websites or third parties;

  6. Harassing a user or third party through your use of the Websites;

  7. Using the Websites content and/or information for any commercial purpose;

  8. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;

  9. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Websites or third parties;

  10. Posting or transmitting content that is false, is an imposter for someone else, or otherwise contains untrue or misleading information;

  11. Posting or transmitting content that is offensive, derogatory, or obscene;

  12. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;

  13. Posting or transmitting content that violates any term or condition of this Agreement;

  14. Imposing a disproportionate load on the Websites or its server infrastructure or otherwise attempting to interfere with the operation of the Websites;

  15. Circumventing E. M. Sergeant's technological or security protection mechanisms;

  16. Using a robot, spider, scraper, or other automated technology to access the Websites; or

  17. Attempting to gain access to the private data or personal information of a user of the Websites or a third party.

Your violation of any term or condition of this section may result in the immediate termination of your user account and the disabling of your access to the Websites.

5. Ownership of Websites Content

You understand and agree that E. M. Sergeant is the owner, or licensee, of all rights in and to the Websites and its associated content, including but not limited to all web page text, product descriptions, images, graphics, advertisements, banners, intellectual property and any other property or proprietary rights. The Websites is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Websites for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Websites, whether in whole or in part, without the prior written consent of E. M. Sergeant. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

Using or scraping website content, including graphics, photographs, text, designs or otherwise in competition with E. M. Sergeant shall subject you to $100,000 in liquidated damages, exclusive of lost profits, future earnings, consequential and incidental damages and all other damages allowed by law. E. M. Sergeant shall be entitled to all attorney's fees and costs for enforcing this provision.

E. M. Sergeant owns all rights to the service mark E. M. Sergeant and Homesergeant.com.

6. Third Party Trademarks & Copyrights

E. M. Sergeant displays products manufactured by third party companies and sometimes lists information. The respective companies own all third party trademarks and copyrights belonging to those companies.

7. Third Party Links

You understand that the Websites may contain links to third party websites, applications, or services that E. M. Sergeant does not own or control. You agree that E. M. Sergeant will not be held responsible or liable for the content of third party websites, applications, services, and information about or links to companies and/or stocks and that E. M. Sergeant's inclusion of those websites, applications, services, and information about or links to companies and/or stocks within its Websites does not constitute E. M. Sergeant's endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

8. Section 230 of Communications Decency Act

You acknowledge and agree that E. M. Sergeant is an interactive computer service provider under Section 230 of the Communications Decency Act. Though E. M. Sergeant may monitor, edit, remove, or control the content displayed through the Websites, you agree that E. M. Sergeant will not be considered an information content provider and will not be held liable for the republication of defamatory, false, misleading, or otherwise tortious content created by third parties, whether through the Websites or otherwise. E. M. Sergeant may, within its sole and absolute discretion, not allow and/or remove any information or content, including, without limitation, content it believes to constitute an unacceptable use (as set forth in Section 4) wherever such information is provided by a user.

9. Privacy Policy

E. M. Sergeant hereby incorporates its Privacy Policy into this Agreement.

10. Copyright Policy

E. M. Sergeant All rights reserved.

If you believe that a user of Websites has infringed upon your copyright rights, please provide E. M. Sergeant with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once E. M. Sergeant receives a notice of copyright infringement in compliance with § 512, it will act with commercial reasonableness to remove or disable access to the allegedly infringing content. E. M. Sergeant will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to E. M. Sergeant with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work(s) alleged to have been infringed;

  3. The location of the copyrighted work(s) on the Websites;

  4. Your contact information, such as an address, telephone, fax number, or email address;

  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Websites user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the Websites;

  2. Your contact information, such as an address, telephone, fax number, or email address;

  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;

  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Washington;

  5. A statement that you will accept service of process from the notifying party; and

  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to E. M. Sergeant, 542 E. Michigan Ave, Kalamazoo MI 49007 info@emsergeant.com.

11. Disclaimer of Warranties

E. M. SERGEANT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE. E. M. SERGEANT PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. IF YOU ARE LOCATED IN A JURISDICTION THAT DOES NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES, THIS EXCLUSION MAY NOT APPLY.

E. M. SERGEANT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. E. M. SERGEANT DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. E. M. SERGEANT RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

12. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT E. M. SERGEANT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. SINCE YOU DO NOT PAY FOR USE OF THE WEBSITE, YOU UNDERSTAND AND AGREE THAT E. M. SERGEANT CANNOT BE HELD LIABLE TO YOU FOR ANY AMOUNT UNDER ANY CIRCUMSTANCES AND THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

13. Indemnification

You agree to hold harmless, indemnify, and defend E. M. Sergeant, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Websites, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend E. M. Sergeant under the terms of this Agreement will not provide you with the right to control E. M. Sergeant's defense, and E. M. Sergeant reserves the right to control its defense regardless of your contractual requirement to defend E. M. Sergeant.

14. Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. E. M. Sergeant may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Websites.

15. Resolution of Disputes

This Agreement will be interpreted under and governed by the laws of the State of Michigan without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against E. M. Sergeant will be exclusively resolved through arbitration.

YOU AND E. M. SERGEANT AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND E. M. SERGEANT AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MICHIGAN IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND E. M. SERGEANT AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

16. Agreement Validity

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

17. No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

18. Entire Agreement

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and E. M. Sergeant with respect to the Websites and your relationship with E. M. Sergeant. You understand and agree that there are no further understandings, agreements, or representations with respect to the Websites that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind E. M. Sergeant.

19. COPPA Compliance

The Websites is not directed to persons under the age of eighteen (18) and E. M. Sergeant will not knowingly collect personally identifiable information from children under the age of eighteen (18). If E. M. Sergeant inadvertently collects personally identifiable information, E. M. Sergeant will delete the personally identifiable information in accordance with its security protocols.

20. Claim Limit

E. M. SERGEANT AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF. YOU AGREE THAT ANY DAMAGES SOUGHT AGAINST US AND NOT OTHERWISE DISCLAIMED IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.

All rights not expressly granted herein are reserved to E. M. Sergeant.


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