Effective Date: May 21th, 2018.
- Description of Service
Kelly's Home Center is providing Customer with product and order information. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relate with such connection.
Intended For Users that are Residents of North American and are Over 18
Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Not for use by Residents of the European Union
We do not accept customers who are residents of the European Union. This website may not be used by any resident of the European Union.
- Disclaimer of Warranties.
The site is provided by Kelly's Home Center on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kelly's Home Center makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Kelly's Home Center shall have no liability for any interruptions in the use of this Website. Kelly's Home Center disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
KELLY'S HOME CENTER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KELLY'S HOME CENTER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KELLY'S HOME CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Customer agrees to indemnify and hold Kelly's Home Center, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Kelly's Home Center reserves the right to modify or discontinue the Service with or without notice to the Customer. Kelly's Home Center shall not be liable to Customer or any third party should Kelly's Home Center exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that Kelly's Home Center does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Kelly's Home Center makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Kelly's Home Center makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Pricing and Specifications
Errors in pricing and/or product specifications may occur. We reserve the right to correct any such errors, up to and including cancelling any orders placed at an incorrect price.
- Governing Jurisdiction of the Courts of
- Compliance with Laws.
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005- 2022 http://www.kellyshomecenter.com, with all rights reserved, or is the property of Kelly's Home Center and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kelly's Home Center is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kelly's Home Center.
Kelly's Home Center™ and http://www.kellyshomecenter.com™ are proprietary marks of http://www.kellyshomecenter.com. Kelly's Home Center’s trademarks may not be used in connection with any product or service that is not provided by Kelly's Home Center, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kelly's Home Center.
All other trademarks displayed on Kelly's Home Center’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Kelly's Home Center.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, http://www.kellyshomecenter.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail
Kelly's Home Center
3850 Hagers Grove Road
Salem, Oregon 97317
By Telephone: 503-378-1793
By Email: firstname.lastname@example.org
Kelly's Home Center retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Kelly's Home Center reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms