Terms and Conditions of Use

Terms & Conditions of Use

Introduction

Please review these terms and conditions, which govern your use of Cosmas-Hardware.com (http://www.cosmas-hardware.com) and any other site on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Cosmas-Hardware.com as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of Cosmas-Hardware.com and its owners, subsidiaries, and affiliates.

Your Use of the Site

By using the Site, you accept the Terms and certify that you are either (i) 18 years of age or older; or (ii) at least 13 years of age and using the Site under the supervision of a parent or legal guardian who agrees to be bound by the Terms on your behalf. If we determine that a child under 13 has provided personal information, we will delete it as soon as practical. If you become aware of such information, please email support@cosmas-hardware.com.

Pursuant to 47 U.S.C. § 230(d), parental control protections are commercially available that may assist in limiting access to material harmful to minors (see, e.g., GetNetWise and OnGuardOnline).

Code of Conduct

You agree that you will not do any of the following:

  • Restrict or inhibit any visitor from using the Site (including “hacking” or defacing).
  • Use the Site or its content for any unlawful purpose or imply endorsement by Cosmas-Hardware.com.
  • Transmit unlawful, obscene, defamatory, infringing, abusive, harassing, or otherwise objectionable material; submit others’ proprietary or private information without authorization.
  • Engage in spamming, phishing, or transmit harmful code (viruses, worms, trojans, etc.).
  • Reverse engineer, decompile, disassemble, modify, or mirror any portion of the Site; remove proprietary notices.
  • Use automated means to scrape or index the Site; harvest visitor information; impose unreasonable load on infrastructure.
  • Use the Site for reseller activities as defined in the Terms.

Information Posted on the Site

Materials on the Site are provided for your review in accordance with the Terms and may not reflect the opinions of Cosmas-Hardware.com. While we endeavor to display products and services accurately, we may update Materials at any time without notice and cannot guarantee their completeness or accuracy (including prices, images, specs, availability, and services).

Copyrights, Trademarks & Patents

All software and content on the Site are owned or licensed by Cosmas-Hardware.com and protected by U.S. and international laws. We grant permission to view and use content solely in connection with your use of the Site. Any other use is prohibited. All intellectual property rights are reserved.

Links are provided for convenience and do not imply endorsement. Cosmas-Hardware.com is not responsible for the availability or content of linked sites. Use caution and review any linked site’s terms and practices.

User-Generated Content

Content you submit may be public. You grant Cosmas-Hardware.com and its affiliates a worldwide, perpetual, irrevocable license to use such Content in any format or media. Do not submit others’ information without permission. We may edit or remove Content at our discretion, but are not obligated to monitor it.

Digital Millennium Copyright Act

Claims of Copyright Infringement. To request removal of allegedly infringing materials, submit a DMCA notice including: (i) identification of the copyrighted work; (ii) identification of the material to be removed and its location; (iii) your contact information; (iv) a good-faith statement of unauthorized use; (v) an accuracy statement under penalty of perjury; and (vi) your physical or electronic signature.

DMCA Notices
c/o Compliance Department
Cosmas-Hardware.com
1925 Village Center Circle, Suite 150
Las Vegas, NV 89134

Only DMCA notices should go to the Copyright Agent. Other inquiries should go to Customer Care.

Reinstatement Process

To counter-notice, provide: (i) your signature; (ii) identification of removed/disabled content and its prior location; (iii) a statement under penalty of perjury that removal was a mistake or misidentification; (iv) your contact info and consent to jurisdiction; and (v) acknowledgment of service of process. Cosmas-Hardware.com may restore access 10–14 business days after receiving a valid counter-notice unless we receive notice of court action.

Disclaimer of Warranties & Limitation of Liability

The Site is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. You assume all responsibility and risk for use of the Site. To the fullest extent permitted by law, Cosmas-Hardware.com and its affiliates disclaim all warranties and shall not be liable for any damages arising out of or related to your use of the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Cosmas-Hardware.com, its affiliates, and their representatives from any claims arising out of your breach of the Terms, your submitted Content, or your activities in connection with the Site.

Dispute Resolution

Your use of the Site is unauthorized where any portion violates legal requirements. You are responsible for complying with applicable laws. Any use contrary to the Terms is at your own risk.

Choice of Law, Jurisdiction & Venue

This agreement and your use of the Site are governed by the laws of the State of North Carolina. You consent to exclusive jurisdiction and venue in Charlotte, North Carolina.

Waiver of Rights

You waive, to the fullest extent allowed by law, claims for punitive or exemplary damages and any right to pursue claims on a class, consolidated, or representative basis.

Arbitration

Most disputes must be resolved by binding arbitration (small claims excepted). You must first present any claim to Customer Care to allow resolution within 60 days. Arbitration will be held in Charlotte, North Carolina, under the Federal Arbitration Act. No classwide or representative arbitration. Remedies are limited to actual damages except where statute allows otherwise. Proceedings are confidential.

Miscellaneous

Cosmas-Hardware.com may assign this agreement. Information you submit may be subject to legal process. We may change the Terms at any time without notice. No joint venture, partnership, employment, or agency relationship is created by these Terms. Any rights not expressly granted are reserved. The Terms and applicable terms of sale constitute the entire agreement and supersede prior communications.

A waiver of any breach is not a waiver of future breaches. Electronic notices are admissible to the same extent as printed documents. If any provision is invalid or unenforceable, a valid provision reflecting the original intent will substitute and the remainder will continue in effect.

Additional Terms for Registered Users

Registration

Creating an account may provide access to additional services (“Registered Services”). Purchases while logged in will record order details for your reference.

Communications

By becoming a Registered User, you agree to receive general and targeted communications (including email) from Cosmas-Hardware.com and its affiliates. You may manage preferences as permitted by law.

Username & Password

You are responsible for maintaining account confidentiality and for all activities under your account. If you believe your account is no longer secure, promptly change your password and notify support@cosmas-hardware.com.

Your Submissions

For IP-protected submissions, you grant Cosmas-Hardware.com a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use such content as we see fit in our discretion. Deleting content ends the license prospectively where possible, but copies may persist in backups.

Deactivation & Termination

We may remove materials or deactivate your account at any time in our discretion. Upon deactivation, data may no longer be accessible. We may terminate access to your account without liability at any time and for any reason, with or without notice.

Placing Orders on the Website

All billing and registration information must be accurate, complete, and correct. By confirming your purchase, you agree to pay for the requested items and any applicable taxes. We may refuse service, limit quantities, or terminate accounts at our discretion. Order acknowledgment by email does not guarantee acceptance.

All items are sold FOB shipping point per shipment contract; risk of loss passes to you upon delivery to the carrier. Your account may store information to simplify future purchases.