Terms of Use

These Terms of Service form a contract between you and TOUCH Cabinets Hardware ("touchcabinetshardware.com," "Company," "We," "Us," or "Our") concerning your access to and use of our website - www.touchcabinetshardware.com - including its pages, the TOUCH Cabinets Hardware App, and any other website, application, product, or service provided by TOUCH Cabinets Hardware (collectively referred to as the "Website"). By accessing and using the Website, you agree to comply with these Terms. Please read them carefully before proceeding.

IF YOU DO NOT AGREE WITH THESE TERMS AND OUR PRIVACY POLICY (INCLUDING ANY MODIFICATIONS), PLEASE LEAVE THE WEBSITE. HOWEVER, THESE TERMS AND OUR PRIVACY POLICY WILL STILL APPLY TO ALL YOUR INFORMATION AND ACTIONS BEFORE EXITING THE WEBSITE.

1. General Terms of Use

a) Acceptance

By accessing and using the Website, you accept and agree to be legally bound by these Terms and our Privacy Policy, including all future amendments. This agreement is made by you as if it were in writing. If you do not agree to these Terms, do not use the Website or any of the products and services enabled by the Website.

b) Access to Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

c) Amendment

We may amend these Terms from time to time at our sole discretion. All amendments will be effective immediately upon posting and will include the date the Terms were last updated. Your continued access to the Website constitutes an agreement to be bound by the amended Terms. You also agree to accept notice of any amendments or new terms through the posting of such amendments or new terms on the Website. Please review the Terms periodically to be aware of any amendments.

d) Additional Terms

While you are always bound by these Terms and our Privacy Policy, certain features, products, or services may be subject to additional terms, including our Special Pricing Policy, Shipping Policy, and Returns Policy. You agree to comply with all additional terms and conditions and applicable laws and regulations. Any additional terms are incorporated within these Terms.

e) Capacity

The Website is intended for use by adults aged 18 or over. By using this Website, you represent that you are 18 years or older and have the legal capacity to enter into this agreement.

2. General Use of the Website

a) Website Features

We reserve the right to change, modify, remove, or add any features, products, services, or terms offered on the Website. We strive to ensure that all content on the Website is accurate and current, but we do not warrant the accuracy or completeness of the content. The Website is presented on an "AS IS" basis.

b) Eligibility

The Website is intended for use by individuals aged 18 or over located in the United States. By accessing and using the Website, you agree to be bound by these Terms. The Website is not available to any persons suspended or removed by the Company. Users choosing to access the Website do so at their own discretion and are responsible for compliance with these Terms and all local laws and rules.

c) Use

The Website and its content are intended for your personal use only. You are granted a limited license to access and use the Website for personal purposes. Unauthorized use, including resale, commercial exploitation, derivative use, and data mining, is strictly prohibited.

d) Electronic Communications

By contacting us through the Website, creating a user account, or providing your e-mail address, you consent to receive communications from us electronically. You can opt out of receiving electronic communications at any time by logging into your account and changing your profile settings or by clicking the "Unsubscribe" link in our communications.

e) Unavailability

Your access to the Website may be unavailable or interrupted for various reasons. We are not responsible for any interruptions or the consequences thereof.

3. Termination; Modification

TOUCH Cabinets Hardware may terminate, cancel, deactivate, or suspend your access to the Website at any time, without prior notice. Upon termination, your right to use the Website will immediately end, and we may delete any information stored in your account. We may also modify or discontinue any policy, feature, product, or service of the Website at any time. Your sole remedy regarding termination or modification of your access to and use of the Website is to stop using the Website.

4. Privacy

a) Privacy Policy

By accessing this Website, you consent to the collection, transfer, processing, use, sharing, and storage of your personal and non-personal data in accordance with our Privacy Policy. Please check our Privacy Policy frequently for updates.

b) HIPAA

TOUCH Cabinets Hardware does not seek, collect, or utilize customers' protected health information. Be mindful when sharing information to ensure that health information is not inadvertently disclosed.

5. Monitoring

TOUCH Cabinets Hardware may monitor users' activities on the Website. We reserve the right to disclose any information as outlined in our Privacy Policy and to refuse to transmit or remove any information deemed objectionable or in violation of these Terms or our Privacy Policy.

6. Conduct and Acceptable Use

You are responsible for the content of your communications through the Website. We reserve the right to take necessary actions, including suspending or terminating your access if we become aware of any violations of these Terms. You agree to the following:

  • You will not interfere with others' use and enjoyment of the Website.
  • You will not use the Website to threaten, abuse, harass, or invade anyone's privacy.
  • Any content or materials you submit will be appropriate and lawful.
  • You will not damage the Website or its servers.
  • You will not attempt to gain unauthorized access to computer systems or networks connected to the Website.
  • You will not use the Website for any inappropriate or unlawful purposes.
  • You will not circumvent or modify any security technology on the Website.
  • You will not transmit any harmful code or impersonate others.
  • You will not use automated tools to navigate or extract information from the Website.

Violations of these Terms may result in the termination of your access to the Website.

7. Creating and Using an Account

You may create an account to access certain features of the Website. You are prohibited from sharing your account or allowing your login credentials to be used by others. It is your responsibility to keep your account and password confidential and to notify us immediately of any unauthorized use. We are not liable for any loss or damage resulting from your failure to comply with this section.

8. Ownership and Proprietary Rights

All content and materials on this Website are protected by copyright, trademark, and other laws. Unauthorized use of the Intellectual Property without written permission is strictly prohibited. TOUCH Cabinets Hardware grants you a limited license to access and use the Website’s content for personal use. This license may be revoked at any time.

9. Third-Party Sites, Products & Services

The Website may contain links to third-party websites. TOUCH Cabinets hardware is not responsible for the content or operation of these third-party sites. Your use of third-party sites is at your own risk, and the terms and policies of those sites will govern your use.

10. Limitation on Liability and Damages

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TOUCH CABINETS HARDWARE AND ITS AFFILIATES MAKE NO GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS FOUND ON THE WEBSITE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

TO THE EXTENT ALLOWED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. THE COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE PRICE. IF YOU ARE DISSATISFIED WITH ANY PART OF THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.

APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY'S LIABILITY, THEN THAT PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER APPLICABLE LAW.

11. Placing Orders Through the Website

We strive to display accurate colors and finishes of our products, but we cannot guarantee the accuracy of your monitor's display. Product availability, pricing, discounts, and fees are subject to change at any time without notice. We reserve the right to limit availability, discontinue products, restrict purchases, cancel orders, or refuse orders at our sole discretion. Prices are in U.S. dollars and do not include applicable taxes. We may cancel orders listed at incorrect prices due to errors.

12. Indemnification and Hold Harmless

You agree to indemnify and hold TOUCH Cabinets Hardware and its affiliates harmless from all claims, liabilities, losses, damages, costs, and expenses arising from your use of the Website, your breach of these Terms, or your violation of another user's rights.

13. Dispute Resolution

THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. ANY CLAIMS RELATED TO THESE TERMS OR THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. SUCH ARBITRATION PROCEEDINGS MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND CANNOT BE CONSOLIDATED WITH DISPUTES INVOLVING OTHERS. YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.

14. Assignment

You may not assign these Terms without our prior written consent. We may assign all or any part of our rights and obligations under these Terms.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Survivability

Sections 4, 8, 12, 13, 14, 15, 17, 19, 20, and 21 shall survive any termination of these Terms.

17. Headings

Headings are for reference purposes only and do not affect the interpretation of these Terms.

18. Entire Agreement

These Terms and our Privacy Policy represent the entire agreement between the Company and you regarding the use of the Website. These Terms cancel and supersede all prior agreements.

19. No Waiver

No waiver of any of these Terms by TOUCH Cabinets Hardware is binding unless authorized in writing. A waiver of any breach will not be construed as a waiver of other breaches.

20. Children's Online Privacy Protection Act ("COPPA") Notification

Our Website is not intended for use by persons under the age of 18. Parental control protections are available to assist in limiting access to material that may be harmful to minors. Information about current providers is available at the Electronic Frontier Foundation website.

21. Digital Millennium Copyright Act

Claims of copyright infringement should be promptly sent to TOUCH Cabinets Hardware by emailing info@touchcabinetshardware.com. Claims must include specific information outlined in these Terms.

Contacting Us

If you have any questions about these Terms or would like more information, you may email us at sales@touchcabinetshardware.com

Last Updated: July 31, 2024