Welcome to onthespothardware.com, On The Spot Hardware,
website. This site is provided as a service to our customers, subject to the
following conditions. Please note that your use of this site constitutes your
unconditional agreement to follow and be bounded by these Terms and Conditions.
Privacy
Please review our Privacy Policy section to understand our
practices.
Electronic Communications
When you visit onthespothardware.com or send us e-mails, you
are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. When you create an account, we have the ability to send
email communications - both promotional and informational - to the account
email. 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. You have the ability to opt
out at any time to promotional emails by clicking on the
"unsubscribe" option at the bottom of an email.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of On The Spot Hardware, or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive
property of On The Spot Hardware, and is protected by copyright laws. All
software used on this site is the property of On The Spot Hardware, Inc. or its
software suppliers and protected by copyright laws.
License and Site Access
On The Spot Hardware, grants you a limited license to access and use of this site. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of On The Spot Hardware, or our affiliates without expressed written consent. You may not use any meta tags or any other "hidden text" using onthespothardware.com or On The Spot Hardware, name without the expressed written consent of On The Spot Hardware. You may not use any direct linking or source-calling of any media presented on this website.
Any unauthorized use terminates the permission or license
granted by On The Spot Hardware. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of
onthespothardware.com so long as the link does not portray On The Spot
Hardware, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any On The Spot
Hardware, logo or other proprietary graphic or trademark as part of the link
without expressed written permission.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that occur
under your account or password.
Reviews, Comments, Communications, and Other User Content
If you post content or submit reviews, suggestions, ideas,
comments, questions, or other information, the content must not be illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable or consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." You shall not use false e-mail addresses, impersonate any
person or entity, or otherwise mislead as to the origin of such content. On The
Spot Hardware, reserves the right (but not the obligation) to remove or edit
such content but does not regularly review posted content.
For all User: Contents posted, uploaded, or otherwise make
available to On The Spot Hardware, you have granted On The Spot Hardware, its
affiliates, and related entities a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and fully sub-licensable license to use, copy, reproduce,
distribute, publish, publicly perform, publicly display, modify, adapt,
translate, archive, store and create derivative works from such User Content,
in any form, format, or medium of any kind now known or later developed.
Without limiting the generality of the previous sentence, you have given
authorization to On The Spot Hardware, to share the User Content across all
websites, advertisements, and other media. You have also granted On The Spot
Hardware, the right to use any material, information, ideas, concepts,
know-how, or techniques contained in any communication provided or otherwise submitted
to us for any purpose whatsoever, including but not limited to, commercial
purposes, developing, manufacturing, and marketing commercial products using
such information. All rights in this paragraph are granted without the need for
additional compensation of any sort to you. You have granted On The Spot
Hardware, the right to use the name that is submitted in connection with such
content, if we choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content supplied does not violate this policy and
will not cause injury to any person or entity; and that you shall indemnify On
The Spot Hardware, for all claims resulting from content supplied. On The Spot
Hardware, has the right but not the obligation to monitor and edit or remove any
activity or content. On The Spot Hardware, takes no responsibility and assumes
no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from onthespothardware.com are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items will be pass to you upon our delivery to the carrier.
Pricing
Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event that an item is mispriced, On The Spot Hardware, may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Acceptance
Please note that there may be certain orders that we are
unable to accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience, stock
orders are not charged until your order ships. However, non-stock and custom
products may require an upfront deposit or full payment. In the event of a
backorder of a product on your order, you may be charged separately for items
that are delivered immediately and items that are delivered later. Some
situations may result in your order being canceled which includes limitations on quantities available for purchase,
inaccuracies or errors in product or pricing information, or problems
identified by our sales/credit department. We may also require additional
verifications or information before accepting any order. We will contact you if
all or any portion of your order is canceled or if additional information is
required to accept your order.
Product Descriptions
On The Spot Hardware, attempts to be as accurate as possible. However, On The Spot Hardware, does not warrant that product descriptions or other content of this site are completely accurate, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.
We have also made every effort to display as accurately as
possible the colors and finishes of the products that appear on our site.
However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color or finish will be accurate.
Indemnification
You agree to defend, indemnify, and hold On The Spot
Hardware, harmless from and against any and all claims, damages, costs, and
expenses, including attorneys' fees, arising from or related to your use of the
site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ON THE SPOT HARDWARE, ON AN "AS IS" AND "AS AVAILABLE" BASIS. ON THE SPOT HARDWARE, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ON THE SPOT HARDWARE, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ON THE SPOT HARDWARE, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ONTHESPOTHARDWARE.COM WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
From time to time, On The Spot Hardware, may provide certain products that cannot be resold as new ("Items"). Items include samples given to Contractor for review of said Items. In consideration for receipt of such Items, and other good and valuable consideration, the sufficient of which is hereby acknowledged, the Contractor agrees as follows: NO RETURN: Such Items are offered free of charge and cannot be returned for refund, credit, or otherwise.
WARRANTY: Given the nature of these items, On The Spot Hardware, provides them "AS IS," WHERE IT IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED. ON THE SPOT HARDWARE, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL ON THE SPOT HARDWARE, HAVE LIABILITY. LABOR ALLOWANCE: ON THE SPOT HARDWARE, MAKES NO ADDITIONAL ALLOWANCE FOR THE LABOR, SHIPPING, OR OTHER EXPENSE INCURRED BY CONTRACTOR IN RETURNING, REPAIRING, OR REPLACING THE DEFECTIVE ITEMS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME.
RELEASE: Contractor hereby waives, releases, and
discharges On The Spot Hardware, its corporate affiliates and their officers,
directors, employees, and related parties, from any and all claims, actions,
causes of action, demands, damages, and liability of whatever nature, known or
unknown, in connection with or arising from sale or use of Items hereunder.
INDEMNITY: Furthermore, Contractor agrees to defend, indemnify, and hold On The
Spot Hardware, harmless from any and all claims, actions, causes of action,
demands, damages, and liabilities of whatever type as a result of the use of
the Items(s).
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE
THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ON THE
SPOT HARDWARE, OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
ONTHESPOTHARDWARE.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ON THE
SPOT HARDWARE, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL ON THE SPOT HARDWARE, BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law
This Agreement shall be governed by and construed under
Grenada law as such law applies to agreements between Grenadian residents
entered into and to be performed within Grenada. Any action or proceeding
arising out of or related to these Terms and Conditions or your use of this
site must be brought in the courts of Grenada and shall be brought on an
individual basis and shall not be consolidated with any dispute of any other
party.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These
policies also govern your visit to this website. On The Spot Hardware, reserves
the right to update or modify these Terms and Conditions at any time without
prior notice. Your use of the onthespothardware.com website following any such
change constitutes your unconditional agreement to follow and be bounded by the Terms and Conditions as changed. For this
reason, we encourage you to review these Terms and Conditions whenever you use
this website.