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Smithfield Plumbing &
Heating Supply Company, Inc. and/or its
affiliates "Smithfield Supply" provide web site features to
you that is subject to the following conditions.
By visiting or
shopping at Smithfield.Supply, you accept these
conditions. Please read them carefully, in
addition, when you use any current or future Smithfield.Supply service or business you also
will be subject to the terms, guidelines, and
agreements "Terms" applicable to such service or
business. If these conditions are inconsistent with
such Terms, the Terms will control.
ELECTRONIC COMMUNICATIONS
Visiting
Smithfield.Supply or sending e-mails to us, 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. You also
agree that all notices, disclosures, agreements and
other communications that we provide to you
electronically satisfy any legal requirement that
such communications be in writing.
SITE AND LICENSE ACCESS
Smithfield Supply
grants you a limited license to access and make
personal use of this web site and not to download,
other than page caching, or modify it, or any
portion of it, without express written consent of
Smithfield Supply. This license does not include any
resale or commercial use of this site or its
contents; any collection and use of any product
listings, descriptions, or prices; any derivative
use of this site or its contents; any downloading or
copying of account information for the benefit of
another merchant; or any use of data mining, robots,
or similar data gathering and extraction tools. This
site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without express written consent of
Smithfield Supply. 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 Smithfield Supply
without express written consent. You may not use any
meta tags or any other "hidden text" utilizing
Smithfield Supply's name or trademarks without the
express written consent of Smithfield Supply. Any
unauthorized use terminates the permission or
license granted by Smithfield Supply. You are
granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of
Smithfield.Supply
so long as the link does not portray Smithfield
Supply, or its products or services in a false,
misleading, derogatory, or otherwise offensive
matter. You may not use any Smithfield Supply logo
or other proprietary image or trademark as part of
the link without express 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. Smithfield
Supply does sell products for children, but it sells
them to adults, who can purchase with a credit card
or other permitted payment method. If you are under
18, you may use Smithfield.Supply only with
involvement of a parent or guardian. Smithfield
Supply reserves the right to refuse service,
terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, photos, and other content; send
e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or
objectionable and does not consist of or contain
software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or
other content. Smithfield Supply reserves the right
(but not the obligation) to remove or edit such
content, but does not regularly review posted
content.
If you do post
content or submit material, and unless we indicate
otherwise, you grant Smithfield Supply a
nonexclusive, royalty-free, perpetual, irrevocable,
and fully sub licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, and display such content
throughout the world in any media. You grant
Smithfield Supply and sublicenses the right to use
the name that you submit in connection with such
content, if they 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 you supply does
not violate this policy and will not cause injury to
any person or entity; and that you will indemnify
Smithfield Supply for all claims resulting from
content you supply. Smithfield Supply has the right
but not the obligation to monitor and edit or remove
any activity or content. Smithfield Supply takes no
responsibility and assumes no liability for any
content posted by you or any third party.
RISK OF LOSS
All items purchased
from Smithfield Supply are made pursuant to a
shipment contract. This means that the risk of loss
and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Smithfield Supply
attempts to be as accurate as possible. However,
Smithfield Supply does not warrant that product
descriptions or other content of this site is
accurate, complete, reliable, current, or
error-free. If a product offered by Smithfield
Supply itself is not as described, your sole remedy
is to return it in unused condition.
OTHER BUSINESSES
Parties other than
Smithfield Supply may operate stores, provide
services, or sell product lines on this site. In
addition, we provide links to the sites of
affiliated companies and certain other businesses.
We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these
businesses or individuals or the content of their
Web sites. Smithfield Supply does not assume any
responsibility or liability for the actions,
product, and content of all these and any other
third parties. You should carefully review their
privacy statements and other conditions of use.
PRODUCT WARRANTY CLAIMS
All warranty claims
will be subject to applicable processing fees,
including but not limited to; handling, shipping,
re-stocking, crating, boxing, etc.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY
SMITHFIELD SUPPLY ON AN "AS IS" AND "AS AVAILABLE"
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
SMITHFIELD SUPPLY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN
WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SMITHFIELD SUPPLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SMITHFIELD SUPPLY DOES NOT WARRANT THAT
THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE;
THEIR SERVERS; OR E-MAIL SENT FROM SMITHFIELD SUPPLY
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SMITHFIELD SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE OR
FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting
Smithfield.Supply, you agree that the laws of the
state of Rhode Island and New Hampshire, 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 Smithfield
Supply.
DISPUTES
Any dispute relating
in any way to your visit to Smithfield.Supply or
to products or services sold or distributed by
Smithfield Supply or through Smithfield.Supply in
which the aggregate total claim for relief sought on
behalf of one or more parties exceeds $7,500 shall
be adjudicated in any state or federal court in
Providence, Rhode Island, and you consent to
exclusive jurisdiction and venue in such courts.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our
other policies posted on this site. These policies
also govern your visit to Smithfield.Supply. We
reserve the right to make changes to our site,
policies, and these Terms 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.
OUR CORPORATE ADDRESS:
Smithfield Plumbing & Heating Supply Company, Inc.
1 Austin Avenue
Greenville, RI 02828-1497
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