When purchasing from the ProductsDirect.com website, you are agreeing to the following terms and conditions:
Conditions of Use
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. OR CANADIAN RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By using this Site, you confirm that the information provided by you is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that ProductsDirect can cancel your access to the Site without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Products Direct Inc., in its sole discretion.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, Directors, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, damages and expense, including legal fees, related to your use of this Site or your violation of this Agreement.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT, OR INFORMATION ABOUT OUR PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Venue, Dispute Resolution
Arbitration (at our discretion)………..
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OR THE UNITED STATES DISTRICT COURT IN THE STATE NEAREST OUR CORPORATE OFFICES. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT THIS LOCATION IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Products Direct, Inc., in the State of Kentucky, USA. As such, the laws of Kentucky will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Verify Members' Address
ProductsDirect, Inc. reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Products Direct, Inc..
Applicable limited warranties are specific to the manufacturer and product. All applicable warranties are available for review at each ProductsDirect product site.
The customer is responsible for any shipping and shipping charges on warranty returns. All warranty returns must be prior approved by our claims department at claims@ProductsDirect.com. ProductsDirect may require digital photographs prior to any warranty review. ProductsDirect may require an onsite visit by one of our employees, representatives, a manufacturer’s representative, or a contracted third party inspector. All products must be paid for in its entirety for the warranty to be applicable and the customer must have a valid receipt. Warranties are buyer specific and are not assignable.
Incorrect installation will void most manufacturer warranties.
Other Terms of Sale Policies
All warranties are manufacturer-specific for each product. ProductsDirect expressly disclaims all other warranties, whether expressed or implied.
ProductsDirect does not assume any responsibility regarding compliance with any local, state, national or international codes regarding any product you purchase; This is the customer’s responsibility.
Limitation on Damages
ProductsDirect does not accept liability beyond what remedies are delineated in our Terms of Sale. ProductsDirect does not accept liability for any lost revenue, lost profits, contracted or hired installer obligations which you may have arranged, or any other damages. The customer is advised that ProductsDirect is not liable or responsible for any amount of damages, for whatever reason, beyond the price of the product in question sold to the customer.
Title and Risk of Loss
Title and Risk of Loss passes from ProductsDirect to the customer upon completion of delivery from ProductsDirect to the customer. Damage or shortage occurred during the shipment will be the responsibility of ProductsDirect, provided the Delivery Policy is followed, and will be addressed with the carrier.
The customer is responsible for all applicable taxes required by law.
Payment in full, in US dollars, via credit card or wire transfer prior to shipping is required.
We do our very best to ensure our product’s colors are shown as real as possible. Due to limitations of monitors and browser software the actual color may vary slightly from your monitor’s colors.
Samples may be available for some products, particularly flooring.Samples are produced by taking stock to cut up and label as samples. We believe our samples are a reasonable representation of the product. However we cannot guarantee that it will give full reflection of the properties of product, e.g., as in the case of flooring, especially wood or stone, it is a natural source and natural product, no one piece will ever be identical to another.