Last amended: October 15, 2012
Our use of your information is governed at all times by our Privacy Statement http://www.osh.com/PrivacyPolicy, which is incorporated into this Agreement.
Account Registration, Password and Security.
Whenever you provide us information, you agree to: (a) provide true, accurate, current and complete information, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Website and refuse you any and all current or future use of the Website (or any portion thereof). Some portions of the Website require you to register and you may be asked to select a password to do such things as to open an account, review a product, or submit a customer review. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your password or an account or any other breach of security. We reserve the right to take any and all action, as we deem necessary or reasonable, to help ensure the security of the Website and any Website account, including without limitation terminating such account, or requesting additional information to authorize transactions on such account. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Company under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s), and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account at any time.
Click this Return Policy for information about returning products you purchase from this Website. Our Return Policy is incorporated into this Agreement.
Risk of Loss.
All items purchased from this Website 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.
Click this Member Agreement for information about the Club Orchard Member Agreement. Our Loyalty Program Policy is incorporated into this Agreement.
Purchase Transactions; Errors.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions.
In the event that a product listed on the Website is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue a credit to your credit card account in the amount of the incorrect price.
Company grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view the materials displayed on the Website for your personal non-commercial use, and for no other purpose. You may print copies of any materials displayed on any portion of the Website as may be reasonably necessary for your personal non-commercial use as a user of the Website and for no other purpose, but such copies shall not be distributed to others. Uses of the Website not expressly authorized herein are prohibited. The Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use the Website only with involvement of a parent or guardian.
You agree not to: (a) access or attempt to access any information, documents or material that you are not authorized to access through any means not intentionally made available through the Website; (b) disrupt or interfere with the security of, or otherwise cause harm to the Website, or to any material, documents, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites; (c) access or use the Website in any manner that could damage, disable, overburden or impair any Company server and/or server used by Company in connection with the Website or any network(s) connected to any Company server and/or server used by Company in connection with the Website; (d) use any material or documents accessed through the Website in any manner that infringes upon any intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any Company account holder or to any osh.com e-mail address or other e-mail addresses associated with Company; (f) post or otherwise submit any software, programs or files via the Website that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other user from using and enjoying the Website or other websites, material, documents or services associated with Company; (h) violate any applicable laws or regulations related to the access to or use of the Website, and/or any portion thereof, and/or engage in any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy any Website user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (j) use the Website to engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website; (l) frame, mirror, or use framing techniques on any part of the Website without Company’s express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement; (n) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or (o) remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website; and/or (p) use any Company domain name as a pseudonymous return email address.
Company may offer opportunities to participate in forums such as message boards, product reviews or social media (collectively, “Online Community”). Company asks that you respect our Online Community and participating individuals. Your conduct should be guided by common sense and basic etiquette. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties on the Online Community are those of the respective authors or producers and not of Company, its affiliates, directors, officers, members, managers or employees. We may review and delete any content, in whole or in part, that in the sole judgment of Company violates this Agreement or which might in Company’s sole discretion be offensive, illegal, or that might violate the rights of or harm any third parties, but Company is under no obligation to do so. We reserve the right to disclose any user content and the circumstances surrounding its transmission to any third party. Company does not guarantee the accuracy, integrity or quality of material submitted by third parties participating in the Online Community. Under no circumstances will Company, its affiliates, officers, directors, members, managers or employees be held liable for any loss or damage caused by your reliance on information obtained through the Online Community. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that you are responsible for any posts that you make, and for any consequences thereof. You may only post and/or transmit information using your legal name. To further these common goals, when posting any material to any Online Community, including without limitation any statement or other content, or otherwise participating in the Online Community, you agree not to: (a) post and/or transmit any material that is unrelated to the subject matter of the Online Community; (b) violate the rights of Company or any third party (including rights of privacy and publicity); (c) post and/or transmit any material that is or is deemed by Company to be defamatory, libelous, false, misleading or inaccurate, obscene, pornographic, indecent, abusive, vulgar, violent, bigoted, illegal, racially offensive, hateful, harassing, profane, sexually oriented, threatening, offensive, invasive of personal privacy or sexually graphic or explicit; (d) post and/or transmit information that promotes or facilitates illegal activities, counterfeiting or piracy; (e) post and/or transmit any material (i) that you don’t have the right to post or transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements; (f) post and/or transmit without authorization people’s private and confidential information such as credit card numbers, social security numbers, and driver’s and other license numbers; or (g) falsely state or otherwise misrepresent your affiliation with a person or entity.
Violations and Termination.
We reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, and to remove any offending information or material.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website or the Online Community (a) if you violate any provision of this Agreement, (b) for any other reason, or (c) for no reason. Upon any such termination, your right to use the Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of this Agreement which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
Limitation of Liability.
COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR DOCUMENTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Disclaimer of Warranties.
Company cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND OF ANY ADVICE, USER CONTENT, INSTRUCTIONS, VIDEOS, INFORMATION, AND OTHER MATERIAL CONTAINED IN OR DESCRIBED ON THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH CONTENT, INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM OSH OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
Third Party Content and Links to Third Party Sites.
We may display on the Website user content, information, advice, instructions, videos, statements, services, products, and other materials from third parties, and links to third party sites. We are not responsible for the content of such information relating to such third party content, any linked site or any link contained in a linked site. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE WEBSITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You agree to defend, indemnify and hold harmless Company, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, including without limitation, any information or content you post and/or submit to the Website, any material you download from the Website or any interference with the operation of the Website.
You agree that Company is free to use any communication, comments, information, ideas, concepts, reviews, techniques, content or any other material you may send to us, including, without limitation, surveys, responses to questionnaires or through postings and/or submissions to the Online Community and Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services. Furthermore, by submitting any comment or other material to the Online Community and/or the Website, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing any such material or information, you represent and warrant that public posting and use of such material or information by Company will not infringe on or violate the rights of any third party.
Trademarks and Copyrights.
Orchard Supply Hardware, OSH, the Orchard Supply Hardware and OSH logos and other marks, logos, graphics, and trade dress used on the Website are Company’s trademarks or the trademarks of third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Website, such as text, graphics, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Company or its suppliers or licensors and is protected by copyright, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Website is the exclusive property of Company and protected by U.S. and international copyright laws. Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
Digital Millennium Copyright Act Notice Policy.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s designated agent for notice of copyright infringement can be reached at:
Orchard Supply Hardware
6450 Via Del Oro
San Jose, CA 95119
408 281 3500
408 629 7174
Notices and Electronic Communications.
Except as explicitly stated otherwise, any notices you send to Company shall be sent by mail to Orchard Supply Hardware, General Counsel, 6450 Via Del Oro San Jose, California 95119. In the case of notices Company sends to you, you consent to receive notices and other communications by Company posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (a) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (b) in the case of mailing, three days after the date of mailing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact us by writing to Orchard Supply Hardware, Attn: General Counsel, 6450 Via Del Oro San Jose, California 95119, or by calling us at (408) 281-3500. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement, including the documents incorporated by reference, is the entire understanding and agreement between Company and you with respect to the subject matter hereof.
Choice of Law.
This Agreement shall be governed and interpreted in accordance with the substantive law of the State of California without regard to its conflict of law provisions. You agree that in any action arising out of this Agreement or relating to the operation of the Website or Content appearing therein, you irrevocably submit to the jurisdiction of a state or federal court in Santa Clara County, California, and, to the maximum extent permitted by law, agree that those courts shall be the venue of choice for any such action. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. You understand that the Website is directed only to residents of the United States.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by Company to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement. Company may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without consent of Company.